Mental Health and Related Services Act 1998
130Matters to be considered by Tribunal
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130 Matters to be considered by Tribunal (1) In undertaking a review or deciding an involuntary detention application for a person, the Tribunal must consider the person's: (a) current state in relation to the criteria for involuntary admission on the grounds of mental illness, mental disturbance or complex cognitive impairment; and (b) medical and psychiatric history and current social circumstances. (2) In determining whether a person has a mental illness, mental disturbance or complex cognitive impairment, the Tribunal must give due regard to: (a) any cultural factors relating to the person that may be relevant to the determination; and (b) any evidence given to the Tribunal by an expert witness concerning the person's cultural background and its relevance to any question of mental illness, mental disturbance or complex cognitive impairment.