360When can the Mental Health Tribunal be constituted by a single member?

360 When can the Mental Health Tribunal be constituted by a single member?

(1) The Mental Health Tribunal may be constituted by a single member who is a legal member for hearing and determining the following if the President has approved the Tribunal being so constituted in accordance with this section—

(a) the adjournment of a proceeding if—

(i) it is known in advance that an adjournment is being requested by a party; and

(ii) the adjournment is not opposed;

(b) an application for leave to withdraw an application.

See section 370.

(2) Subsection (1) applies whether the proceeding is in the general division or the special division.

S. 360(2A) inserted by No. 44/2025 s. 62.

(2A) Subsection (1) applies whether or not the President has selected 3 Tribunal members for the purposes of a proceeding under section 359.

(3) The President may approve the Mental Health Tribunal being constituted by a single Tribunal member who is a legal member for a proceeding or application referred to in subsection (1) if satisfied that it is appropriate for a single Tribunal member to constitute the Tribunal.

(4) An approval under this section must be in writing.

(5) A copy of an approval under this section must be provided to each party to the proceeding.

(6) The President, by instrument, may delegate the President's power of approval under this section to the principal registrar.