Mental Health Act 2016
sec.613Effect of decision of court on appeal
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sec.613 Effect of decision of court on appeal
If the court sets aside the internal review decision and returns the matter to the chief executive with directions the court considers appropriate, and the chief executive makes a new decision, the new decision is not subject to internal review or appeal under this part. If the court substitutes another decision— the substituted decision is taken to be the decision of the chief executive; and the chief executive may give effect to the decision as if— the decision were the original decision of the chief executive; and no application for internal review or appeal had been made. (sec.613-ssec.1) If the court sets aside the internal review decision and returns the matter to the chief executive with directions the court considers appropriate, and the chief executive makes a new decision, the new decision is not subject to internal review or appeal under this part. (sec.613-ssec.2) If the court substitutes another decision— the substituted decision is taken to be the decision of the chief executive; and the chief executive may give effect to the decision as if— the decision were the original decision of the chief executive; and no application for internal review or appeal had been made.
- (a) the substituted decision is taken to be the decision of the chief executive; and
- (b) the chief executive may give effect to the decision as if— (i) the decision were the original decision of the chief executive; and (ii) no application for internal review or appeal had been made.
- (i) the decision were the original decision of the chief executive; and
- (ii) no application for internal review or appeal had been made.
- (i) the decision were the original decision of the chief executive; and
- (ii) no application for internal review or appeal had been made.