226Application to review variation of order

226 Application to review variation of order

(1) Within 20 business days after an order is varied under section 223, the person who is subject to that order may apply to the Mental Health Tribunal for a review of the decision to vary the order or to direct the variation of the order.

(2) The following persons may apply to the Mental Health Tribunal on behalf of a person who is subject to an order varied under section 223 for a review of the decision to vary the order or direct a variation of the order within 20 business days after the order is varied—

(a) any person requested by the person subject to the order;

(b) any guardian of the person subject to the order;

(c) a parent of the person subject to the order, if the person is under 16 years of age;

(d) the DFFH Secretary, if that Secretary has parental responsibility for the person subject to the order under a relevant child protection order.

(3) On hearing an application under subsection (1) or (2), the Mental Health Tribunal must have regard to the following in relation to the person who is subject to the varied order, to the extent that is reasonable in the circumstances—

(a) the person's views and preferences about the variation, including—

(b) the person's reasons for their views and preferences, including any recovery outcomes that the person would like to achieve;

(d) the views of any carer of the person, if the Mental Health Tribunal is satisfied that the variation will directly affect the care relationship between the carer and the person;

(f) the views of the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order.

(4) The Mental Health Tribunal may make an order—

(a) directing that the person subject to the varied order be assessed or treated by the original designated mental health service and, if the person has been transported to another designated mental health service, direct that the person be returned to the original designated mental health service; or

(b) directing that the person remain subject to the order as varied.

Part 4.9—Impact of detention of person if subject to order under this Chapter