192ATribunal to review forensic patient's treatment authorisation

192A Tribunal to review forensic patient's treatment authorisation

[Section 192A Inserted by No. 59 of 2016, s. 60, Applied:01 Jul 2017]

(1)  The following provisions apply to the review of the authorisation of treatment for a forensic patient:

(a) the Tribunal must review the authorisation within 60 days after it is made, if it is still in effect;

(b) the Tribunal must further review the authorisation within 180 days after it is made, if it is still in effect;

(c) after the further review referred to in paragraph (b), the Tribunal must further review the authorisation at intervals not exceeding 180 days for so long as it remains in effect;

(d) the Tribunal may review the authorisation at any other time –

(i) on its own motion; or

(ii) on the application of any person with the necessary standing;

(e) the review is to be conducted by a division of 3 members but need not involve a hearing;

(f) on review, the Tribunal may affirm, vary or discharge the authorisation.

(2)  Within 24 hours of reviewing an authorisation, the Tribunal is to –

(a) give a copy of its determination to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and

(b) give a copy of its determination to –

(i) the controlling authority of the relevant SMHU; and

(ii) [Section 192A Subsection (2) amended by No. 4 of 2023, s. 157, Applied:25 Sep 2023] the Chief Psychiatrist.