Mental Health and Wellbeing Act 2022
189Temporary treatment patient—Mental Health Tribunal must conduct hearing
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189 Temporary treatment patient—Mental Health Tribunal must conduct hearing
(1) Before a temporary treatment order expires, the Mental Health Tribunal must conduct a hearing to determine whether to make a treatment order in respect of the temporary treatment patient.
Section 374 provides that the Mental Health Tribunal must not adjourn a hearing for a person who is subject to a temporary treatment order to a date that is after the order expires unless the Tribunal is satisfied that exceptional circumstances exist. In that case, the Mental Health Tribunal may extend the duration of the temporary treatment order for a period not exceeding 10 business days.
(2) Despite subsection (1), a hearing is not required if the temporary treatment order is revoked before the hearing.