Mental Health Act 2016
sec.537Appeal powers
Start here
Get a plain-English read of sec.537
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.537 Appeal powers
The procedure for the appeal is in accordance with the tribunal rules or, if the rules make no provision or insufficient provision, as directed by the tribunal. The appeal is by way of rehearing. In deciding the appeal, the tribunal may— confirm the decision appealed against; or set aside the decision appealed against and substitute another decision; or set aside the decision appealed against and return the matter to the person who made the decision with the directions the tribunal considers appropriate. If the tribunal substitutes another decision, the substituted decision is for this Act, other than this chapter, taken to be the decision of the person who made the decision appealed against. (sec.537-ssec.1) The procedure for the appeal is in accordance with the tribunal rules or, if the rules make no provision or insufficient provision, as directed by the tribunal. (sec.537-ssec.2) The appeal is by way of rehearing. (sec.537-ssec.3) In deciding the appeal, the tribunal may— confirm the decision appealed against; or set aside the decision appealed against and substitute another decision; or set aside the decision appealed against and return the matter to the person who made the decision with the directions the tribunal considers appropriate. (sec.537-ssec.4) If the tribunal substitutes another decision, the substituted decision is for this Act, other than this chapter, taken to be the decision of the person who made the decision appealed against.
- (a) confirm the decision appealed against; or
- (b) set aside the decision appealed against and substitute another decision; or
- (c) set aside the decision appealed against and return the matter to the person who made the decision with the directions the tribunal considers appropriate.