44EDecision on application

44E Decision on application (1) If, on hearing the application, the Tribunal decides the person fulfils the criteria for involuntary admission on the grounds of complex cognitive impairment, the Tribunal must order: (a) the person be admitted to, and detained in, an approved treatment facility as an involuntary patient on those grounds; and (b) the treatment management plan for the person (as prepared by the applicants or as modified by the Tribunal in the way it considers appropriate) be implemented. (2) Otherwise, the Tribunal must dismiss the application. (3) If: (a) the person is an existing involuntary patient; and (b) the Tribunal dismisses the application; and (c) the Tribunal does not order the person be detained as an involuntary patient on the grounds of mental illness or mental disturbance;

Mental Health and Related Services Act 1998 45 the person-in-charge of the approved treatment facility where the person is detained must discharge the person from the facility as soon as practicable, but not later than 48 hours, after the application is dismissed. Note for section 44E Part 15, Division 3 deals with the hearing procedures for the application. In addition, practice directions issued by the President under section 139 of the NTCAT Act apply to the application.