sec.698Death or incapacity of member after hearing started

sec.698 Death or incapacity of member after hearing started

This section applies if, after a member of the Mental Health Court starts to hear a proceeding, the member dies or becomes incapable of continuing to hear the proceeding. A party to the proceeding may, after giving at least 7 days written notice to each other party to the proceeding, apply to the president for an order directing the action to be taken in the proceeding. The president may, on the application or on the president’s own initiative, after consulting with the parties to the proceeding— order the proceeding be reheard; or adjourn the proceeding to allow the incapacitated member of the court to continue when able; or with the consent of the parties, make an order the president considers appropriate about— deciding the proceeding; or completing the hearing and deciding the proceeding. If, under subsection (3) (a) , a proceeding is reheard, the first hearing is taken not to have happened. An order mentioned in subsection (3) (c) is taken to be a decision of the Mental Health Court. (sec.698-ssec.1) This section applies if, after a member of the Mental Health Court starts to hear a proceeding, the member dies or becomes incapable of continuing to hear the proceeding. (sec.698-ssec.2) A party to the proceeding may, after giving at least 7 days written notice to each other party to the proceeding, apply to the president for an order directing the action to be taken in the proceeding. (sec.698-ssec.3) The president may, on the application or on the president’s own initiative, after consulting with the parties to the proceeding— order the proceeding be reheard; or adjourn the proceeding to allow the incapacitated member of the court to continue when able; or with the consent of the parties, make an order the president considers appropriate about— deciding the proceeding; or completing the hearing and deciding the proceeding. (sec.698-ssec.4) If, under subsection (3) (a) , a proceeding is reheard, the first hearing is taken not to have happened. (sec.698-ssec.5) An order mentioned in subsection (3) (c) is taken to be a decision of the Mental Health Court.

• (a) order the proceeding be reheard; or
• (b) adjourn the proceeding to allow the incapacitated member of the court to continue when able; or
• (c) with the consent of the parties, make an order the president considers appropriate about— (i) deciding the proceeding; or (ii) completing the hearing and deciding the proceeding.
• (i) deciding the proceeding; or
• (ii) completing the hearing and deciding the proceeding.
• (i) deciding the proceeding; or
• (ii) completing the hearing and deciding the proceeding.