224ACorrection of orders, &c., where validity affected

224A Correction of orders, &c., where validity affected

[Section 224A Inserted by No. 59 of 2016, s. 67, Applied:01 Jul 2017]

(1)  An error in an order, determination, direction or other document made by the Tribunal under this Act that affects the validity of the order, determination, direction or other document may be corrected at any time by the Tribunal –

(a) on its own motion; or

(b) on the application of an approved medical practitioner; or

(c) on the application of any person with the necessary standing.

(2)  When correcting an order, determination, direction or other document, the Tribunal –

(a) is to consist of 3 members; and

(b) need not conduct a hearing.

(3)  Within 24 hours after correcting an order, determination, direction or other document under this section, the Tribunal must –

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

(b) give a copy of the corrected document to –

(i) [Section 224A Subsection (3) amended by No. 4 of 2023, s. 168, Applied:25 Sep 2023] if the patient has been, is or will be admitted to, or detained in, an approved hospital, the controlling authority of that approved hospital; and

(ii) [Section 224A Subsection (3) amended by No. 4 of 2023, s. 168, Applied:25 Sep 2023] [Section 224A Subsection (3) amended by No. 4 of 2023, s. 168, Applied:25 Sep 2023] if the patient is a forensic patient, the controlling authority of the relevant SMHU; and

(iii) [Section 224A Subsection (3) amended by No. 4 of 2023, s. 168, Applied:25 Sep 2023] in each case, the Chief Psychiatrist.