Mental Health Act 2016
sec.747Proceeding in absence of involuntary patient
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sec.747 Proceeding in absence of involuntary patient
This section applies to a proceeding in relation to an involuntary patient for whom an authorised mental health service or the forensic disability service is responsible. The tribunal may hear the proceeding in the absence of the patient if the tribunal considers— either— the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or the patient is unfit to appear; and it is appropriate and expedient to do so. Subsection (2) has effect despite division 7 , subdivision 1 . (sec.747-ssec.1) This section applies to a proceeding in relation to an involuntary patient for whom an authorised mental health service or the forensic disability service is responsible. (sec.747-ssec.2) The tribunal may hear the proceeding in the absence of the patient if the tribunal considers— either— the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or the patient is unfit to appear; and it is appropriate and expedient to do so. (sec.747-ssec.3) Subsection (2) has effect despite division 7 , subdivision 1 .
- (a) either— (i) the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or (ii) the patient is unfit to appear; and
- (i) the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or
- (ii) the patient is unfit to appear; and
- (b) it is appropriate and expedient to do so.
- (i) the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or
- (ii) the patient is unfit to appear; and