136Record of proceedings

136 Record of proceedings (1) The Tribunal must: (a) make a record of all its proceedings in the form of a recording of sound, or sound and pictures, by electronic means; and (b) retain the record for 12 months. (2) Despite section 85 of the NTCAT Act and subject to subsection (3), if a person who is the subject of a review by the Tribunal or involuntary detention application requests a copy of the record made under subsection (1), the Tribunal must give the person a copy of the record at no cost. (3) The Tribunal may refuse to provide a person who is the subject of a review by the Tribunal or involuntary detention application with a copy of the record, or a part of the record, made under subsection (1) where it is satisfied that to do so may cause serious harm to the health of the person or may put at risk the safety of other persons. (4) A Tribunal may order that only the adult guardian, decision maker or representative of a person who is the subject of a review by the Tribunal or involuntary detention application be provided with a copy of the record, or a part of the record, made under subsection (1). (5) The Tribunal may require that the adult guardian, decision maker or representative give an undertaking that the adult guardian, decision maker or representative will not disclose specified information in the record before providing the adult guardian, decision maker or representative with a copy of the record or a part of the record. (6) A person who gives an undertaking under subsection (5) must not Maximum penalty for subsection (6): 40 penalty units.

Mental Health and Related Services Act 1998 121