Mental Health Act 2016
sec.753Referring question of law to Mental Health Court
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sec.753 Referring question of law to Mental Health Court
The president may refer a question of law in a proceeding before the tribunal to the Mental Health Court. A referral under subsection (1) may be made on the application of a party to the proceeding or on the president’s own initiative. If a question of law is referred to the Mental Health Court under subsection (1) — the Mental Health Court may decide the question and make ancillary orders and directions; and the tribunal must not make a decision about the matter to which the question relates until it receives the Mental Health Court’s decision on the question; and the tribunal must not proceed in a way, or make a decision, that is inconsistent with the Mental Health Court’s decision on the question. If the Mental Health Court decides a question of law referred to it under subsection (1) , the tribunal’s decision on the question is the decision of the Mental Health Court. This section applies despite section 752 . (sec.753-ssec.1) The president may refer a question of law in a proceeding before the tribunal to the Mental Health Court. (sec.753-ssec.2) A referral under subsection (1) may be made on the application of a party to the proceeding or on the president’s own initiative. (sec.753-ssec.3) If a question of law is referred to the Mental Health Court under subsection (1) — the Mental Health Court may decide the question and make ancillary orders and directions; and the tribunal must not make a decision about the matter to which the question relates until it receives the Mental Health Court’s decision on the question; and the tribunal must not proceed in a way, or make a decision, that is inconsistent with the Mental Health Court’s decision on the question. (sec.753-ssec.4) If the Mental Health Court decides a question of law referred to it under subsection (1) , the tribunal’s decision on the question is the decision of the Mental Health Court. (sec.753-ssec.5) This section applies despite section 752 .
- (a) the Mental Health Court may decide the question and make ancillary orders and directions; and
- (b) the tribunal must not make a decision about the matter to which the question relates until it receives the Mental Health Court’s decision on the question; and
- (c) the tribunal must not proceed in a way, or make a decision, that is inconsistent with the Mental Health Court’s decision on the question.