127Application for review

127 Application for review (1) An application may be made to the Tribunal for a review of: (a) a decision of a medical practitioner under section 25(8) to refuse to admit a person as a voluntary patient; or

Mental Health and Related Services Act 1998 115 (b) a decision of an authorised psychiatric practitioner under: (i) section 25(8) to refuse to confirm the admission of a person as a voluntary patient; or (ii) under section 27 to admit or refuse to admit a person as a voluntary patient; or (iii) section 39(3)(a) to detain a person at an approved treatment facility for a further period of up to 14 days; or (iv) section 42(2) to detain a person at an approved treatment facility for a further period of up to 7 days; or (v) section 47(2) not to notify a person's primary carer that an interim community management order has been made for the person; or (vi) section 88(3) not to allow the giving of information concerning treatment of a person to the person's representative or primary carer; or (vii) section 89(5) not to allow consultation with, or the giving of information concerning the details of a discharge plan to, a person's representative or primary carer; or (viii) section 92(4) to refuse an application for access to information in a person's records kept by an approved treatment facility or approved treatment agency; or (c) an order of an authorised psychiatric practitioner under section 98(1) restricting or denying a person's right. (2) An application may be made to the Tribunal for a review of the decision of the person-in-charge of an approved treatment facility under section 167(1) to transfer a person to another facility. (3) An application under subsection (1) may be made: (a) by the person who is the subject of the decision or order; or (b) on the person's behalf, by any of the following: (i) the person's adult guardian; (ii) the person's representative; (iii) a legal practitioner;

Mental Health and Related Services Act 1998 116 (iv) a person with a genuine interest in, or with a real and immediate concern for the health or welfare of, the (4) An application under this section is to be in the approved form and lodged with the Tribunal. (5) Following a review in relation to an application made under subsection (1), the Tribunal may: (a) affirm, vary or set aside the decision or order; or (b) make any decision or order that the medical practitioner or authorised psychiatric practitioner may have made; or (c) refer the matter back to the medical practitioner or authorised psychiatric practitioner for further consideration; or (d) make any other order it thinks fit. (6) Following review in relation to an application made under subsection (2), the Tribunal may: (a) affirm, vary or set aside the decision; or (b) make any other order it thinks fit. (7) If a person had been transferred to another approved treatment facility, the person must be returned to the approved treatment facility from which the person was transferred if the Tribunal sets aside a decision under subsection (6).