Mental Health Act 2016
sec.763Contempt of tribunal
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sec.763 Contempt of tribunal
A person is in contempt of the tribunal if the person— insults a member or a staff member of the tribunal at a proceeding, or in going to or returning from a proceeding; or unreasonably interrupts a proceeding, or otherwise misbehaves at a proceeding; or creates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or obstructs or assaults a person attending a proceeding; or obstructs a member in the performance of the member’s functions or the exercise of the member’s powers; or obstructs a person acting under an order made under this Act by the tribunal or a member; or without lawful excuse, disobeys a lawful order or direction of the tribunal made or given under this Act; or does anything at a proceeding or otherwise that would be contempt of court if the tribunal were a court of record. The tribunal may order that a person who contravenes subsection (1) at a proceeding be excluded from the place where the proceeding is being conducted. A staff member of the tribunal or a health practitioner, acting under the tribunal’s order, may, with the help that is necessary and reasonable in the circumstances, exclude the person from the place. (sec.763-ssec.1) A person is in contempt of the tribunal if the person— insults a member or a staff member of the tribunal at a proceeding, or in going to or returning from a proceeding; or unreasonably interrupts a proceeding, or otherwise misbehaves at a proceeding; or creates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or obstructs or assaults a person attending a proceeding; or obstructs a member in the performance of the member’s functions or the exercise of the member’s powers; or obstructs a person acting under an order made under this Act by the tribunal or a member; or without lawful excuse, disobeys a lawful order or direction of the tribunal made or given under this Act; or does anything at a proceeding or otherwise that would be contempt of court if the tribunal were a court of record. (sec.763-ssec.2) The tribunal may order that a person who contravenes subsection (1) at a proceeding be excluded from the place where the proceeding is being conducted. (sec.763-ssec.3) A staff member of the tribunal or a health practitioner, acting under the tribunal’s order, may, with the help that is necessary and reasonable in the circumstances, exclude the person from the place.
- (a) insults a member or a staff member of the tribunal at a proceeding, or in going to or returning from a proceeding; or
- (b) unreasonably interrupts a proceeding, or otherwise misbehaves at a proceeding; or
- (c) creates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or