Mental Health Act 2016
sec.540Parties to appeal
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sec.540 Parties to appeal
Each person entitled to appeal against the decision is a party to the appeal. However, if the person is entitled to appeal against the decision only because the person is an interested person for a person who is the subject of the decision, the person is not a party to the appeal. If subsection (2) applies, the person who is the subject of the decision is taken to be a party to the appeal. Also, unless the chief psychiatrist is the appellant, the chief psychiatrist is a party to the appeal only if the chief psychiatrist elects to be a party to the appeal. Further, unless the director of forensic disability is the appellant, the director of forensic disability is a party to the appeal only if the director of forensic disability elects to be a party to the appeal. (sec.540-ssec.1) Each person entitled to appeal against the decision is a party to the appeal. (sec.540-ssec.2) However, if the person is entitled to appeal against the decision only because the person is an interested person for a person who is the subject of the decision, the person is not a party to the appeal. (sec.540-ssec.3) If subsection (2) applies, the person who is the subject of the decision is taken to be a party to the appeal. (sec.540-ssec.4) Also, unless the chief psychiatrist is the appellant, the chief psychiatrist is a party to the appeal only if the chief psychiatrist elects to be a party to the appeal. (sec.540-ssec.5) Further, unless the director of forensic disability is the appellant, the director of forensic disability is a party to the appeal only if the director of forensic disability elects to be a party to the appeal.