Mental Health Act 2016
sec.739Right of representation and support
Start here
Get a plain-English read of sec.739
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.739 Right of representation and support
The person who is the subject of a proceeding may be represented at the hearing of the proceeding by a nominated support person, a lawyer or another person. Also, the person who is the subject of a proceeding may be accompanied at the hearing of the proceeding by— 1 member of the person’s support network; or with the tribunal’s leave, more than 1 member of the person’s support network. See section 763 for the tribunal’s power to exclude a person from a tribunal proceeding. A person who represents the person at the hearing of a proceeding must— to the extent the person is able to express the person’s views, wishes and preferences—represent the person’s views, wishes and preferences; and to the extent the person is unable to express the person’s views, wishes and preferences—represent the person’s best interests. In this section— support network , of a person, means— the person’s nominated support persons, if any; or the person’s family, carers and other support persons. (sec.739-ssec.1) The person who is the subject of a proceeding may be represented at the hearing of the proceeding by a nominated support person, a lawyer or another person. (sec.739-ssec.2) Also, the person who is the subject of a proceeding may be accompanied at the hearing of the proceeding by— 1 member of the person’s support network; or with the tribunal’s leave, more than 1 member of the person’s support network. See section 763 for the tribunal’s power to exclude a person from a tribunal proceeding. (sec.739-ssec.3) A person who represents the person at the hearing of a proceeding must— to the extent the person is able to express the person’s views, wishes and preferences—represent the person’s views, wishes and preferences; and to the extent the person is unable to express the person’s views, wishes and preferences—represent the person’s best interests. (sec.739-ssec.4) In this section— support network , of a person, means— the person’s nominated support persons, if any; or the person’s family, carers and other support persons.
- (a) 1 member of the person’s support network; or
- (b) with the tribunal’s leave, more than 1 member of the person’s support network.
- (a) to the extent the person is able to express the person’s views, wishes and preferences—represent the person’s views, wishes and preferences; and
- (b) to the extent the person is unable to express the person’s views, wishes and preferences—represent the person’s best interests.
- (a) the person’s nominated support persons, if any; or
- (b) the person’s family, carers and other support persons.