Mental Health Act 2016
sec.800GDecision by tribunal on referral
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sec.800G Decision by tribunal on referral
If the special tribunal refers the matter to the tribunal for a new decision, the tribunal must— hear and decide the matters the subject of the proceeding in which the relevant decision was made, by way of a fresh hearing on the merits; and set aside the relevant decision and substitute a new decision. The repealed Act applies in relation to a proceeding under this section as if it had not been repealed. For this Act and the repealed Act, the new decision substituted under subsection (1) (b) — is the tribunal’s final decision in the proceeding; and for chapter 20 , part 7 —is taken to have been made on the same day as the relevant decision. To remove any doubt, it is declared that— the new decision by the tribunal may be consistent with the relevant decision; and the repealed Act, chapter 8 applies in relation to the new decision. s 800G ins 2017 No. 3 s 50A (sec.800G-ssec.1) If the special tribunal refers the matter to the tribunal for a new decision, the tribunal must— hear and decide the matters the subject of the proceeding in which the relevant decision was made, by way of a fresh hearing on the merits; and set aside the relevant decision and substitute a new decision. (sec.800G-ssec.2) The repealed Act applies in relation to a proceeding under this section as if it had not been repealed. (sec.800G-ssec.3) For this Act and the repealed Act, the new decision substituted under subsection (1) (b) — is the tribunal’s final decision in the proceeding; and for chapter 20 , part 7 —is taken to have been made on the same day as the relevant decision. (sec.800G-ssec.4) To remove any doubt, it is declared that— the new decision by the tribunal may be consistent with the relevant decision; and the repealed Act, chapter 8 applies in relation to the new decision.
- (a) hear and decide the matters the subject of the proceeding in which the relevant decision was made, by way of a fresh hearing on the merits; and
- (b) set aside the relevant decision and substitute a new decision.
- (a) is the tribunal’s final decision in the proceeding; and
- (b) for chapter 20 , part 7 —is taken to have been made on the same day as the relevant decision.
- (a) the new decision by the tribunal may be consistent with the relevant decision; and
- (b) the repealed Act, chapter 8 applies in relation to the new decision.