131Right of appearance and representation

131 Right of appearance and representation (2) The Tribunal must appoint a legal practitioner to represent a person who is the subject of a review or involuntary detention application if: (a) the person is unrepresented at the hearing; and (b) the Tribunal considers the person should be represented at the hearing. (3) Subsection (2) has effect despite any objections of the person.

Mental Health and Related Services Act 1998 118 (4) If the Tribunal appoints a legal practitioner under subsection (2), the Tribunal may order the Territory to pay all or part of the reasonable costs and disbursements of the legal practitioner in representing the person at the hearing. (5) The Tribunal may conduct the hearing in the absence of the person or the person's representative if all of the following apply: (a) reasonable notice of the hearing was given to the person or representative; (b) the person or representative had a reasonable opportunity to attend the hearing; (c) the person or representative refuses to attend the hearing. (6) The Tribunal may conduct the hearing in the absence of the person if: (a) in the opinion of the Tribunal, there are exceptional circumstances that make the attendance of the person inappropriate; and (b) the person's representative is given notice of the hearing and has a reasonable opportunity to attend the hearing. (7) The Tribunal must notify a person who is the subject of a review or involuntary detention application of its decision as soon as practicable after the decision is made if the hearing was conducted in the absence of the person or the person's representative.