123Review of involuntary admissions and community

123 Review of involuntary admissions and community management orders (1) The Tribunal must review a person's admission as an involuntary patient: (a) for a patient other than one mentioned in paragraph (b) – within 14 days after the person's admission; or (b) for a patient under a Tribunal order made on an application under Part 6, Division 4 – on the date stated in the order. (2) The Tribunal must review an interim community management order not later than 14 days after it is made. (3) The Tribunal must review an order made under subsection (5) by the date fixed under that subsection. (4) The Tribunal may review the admission of a person as an involuntary patient or an order made under this Act (other than under Part 10 or 16) for a person on being requested to do so by: (a) the person; or (b) someone who has a genuine interest in, or with a real and immediate concern for the health or welfare of, the person. (5) Following a review, the Tribunal if it is satisfied that: (a) the person fulfils the criteria for admission on the grounds of mental illness, it may order that the person be detained as an involuntary patient on those grounds for not longer than 3 months and, where it does so, it must fix a date for the order to be again reviewed; or (b) the person fulfils the criteria for admission on the grounds of mental disturbance, it may order that the person be detained as an involuntary patient on those grounds for not longer than 14 days and, where it does so, it must fix a date for the order to be again reviewed; or

Mental Health and Related Services Act 1998 113 (ba) the person fulfils the criteria for involuntary admission on the grounds of complex cognitive impairment, it may order that the person continue to be detained as an involuntary patient on those grounds for not longer than 14 days; or (c) the person fulfils the criteria for involuntary treatment or care in the community, it may make a community management order in relation to the person for not longer than 6 months and, where it does so, it must fix a date for the order to be reviewed again. (6) Where the Tribunal makes an order under subsection (5)(a), (b) or (ba), it must authorise the treatment that may be administered to the person under the order. (6A) An order under subsection (5)(a) ceases to have effect if the person for whom the order is made is discharged from the approved treatment facility under section 40(3). (6B) If the Tribunal makes an order under subsection (5)(ba): (a) the order ceases to have effect at the end of the period stated in it; and (b) the Tribunal cannot further review the person's detention on the grounds of complex cognitive impairment. Note for subsection (6B) However, the person may be detained as an involuntary patient on the grounds of mental illness or mental disturbance following assessment under Part 6, Division 2 or 3 if the person fulfils the criteria for involuntary admission on those grounds. (7) Following the review, if the Tribunal is not satisfied that the person fulfils a criteria referred to in subsection (5), it must revoke the admission of the person as an involuntary patient or revoke the interim community management order or community management order, as the case may be. (8) Where the Tribunal revokes the admission of the person as an involuntary patient it must order that the person: (a) be immediately discharged from the approved treatment facility; or (b) be discharged when arrangements are made for the care of the person on his or her discharge. (9) A person must be discharged from an approved treatment facility not later than 7 days after an order under subsection (8)(b) is made.