Mental Health Act 2015
79Review of mental health order
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79 Review of mental health order (1) The ACAT may review a mental health order in force in relation to a person on its own initiative. (2) The ACAT must review a mental health order in force in relation to a person if the person, or the person’s representative, applies for the review on the basis that the order, or part of the order, is no longer required. (3) The ACAT must review each mental health order in force in relation to a person within 72 hours if the ACAT receives notice in relation to the person under any of the following: (a) section 64 (Action if psychiatric treatment order no longer
(b) section 72 (Action if community care order no longer (c) section 77 (6) (Contravention of mental health order) and the notice indicates that a restriction order has been contravened; (d) section 78 (4) (Contravention of mental health order— absconding from facility). (4) A review required under subsection (3)— (a) may be conducted without a hearing; and (b) may include consulting a person mentioned in section 54 (1) (Consultation by ACAT—mental health order). (5) If the ACAT is satisfied that a person in relation to whom a psychiatric treatment order or community care order is in force is no psychiatric treatment order or community care order, the ACAT must revoke all the mental health orders in force in relation to the person. (6) In any other case, the ACAT may, if appropriate, do any of the (a) confirm, amend or revoke any of the mental health orders in force in relation to the person; (b) make additional mental health orders in relation to the person; (c) make an assessment order in relation to the person.
representative, of a person, means any of the following: (d) a close relative or close friend of the person; (e) a legal representative of the person.