Mental Health Act 2016
sec.612Powers of court on appeal
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sec.612 Powers of court on appeal
In deciding an appeal against an internal review decision, the court— has the same powers as the chief executive for making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice. An appeal is by way of rehearing. The court may— confirm the internal review decision; or set aside the internal review decision and substitute another decision; or set aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate. (sec.612-ssec.1) In deciding an appeal against an internal review decision, the court— has the same powers as the chief executive for making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice. (sec.612-ssec.2) An appeal is by way of rehearing. (sec.612-ssec.3) The court may— confirm the internal review decision; or set aside the internal review decision and substitute another decision; or set aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate.
- (a) has the same powers as the chief executive for making the internal review decision; and
- (b) is not bound by the rules of evidence; and
- (c) must comply with natural justice.
- (a) confirm the internal review decision; or
- (b) set aside the internal review decision and substitute another decision; or
- (c) set aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate.