371Notice of hearing

371 Notice of hearing

(1) The Mental Health Tribunal must list a matter for hearing and give written notice of that hearing as soon as practicable to all of the following—

(a) the person who is the subject of the proceeding;

(b) the psychiatrist treating the person who is the subject of the proceeding;

(c) any person whose application to be a party to the proceeding has been approved by the Tribunal;

(d) if the person who is the subject of the proceeding is a person under 16 years of age, the person's parent;

(e) the nominated support person of the person who is the subject of the proceeding;

(f) a guardian of the person who is the subject of the proceeding;

(g) a carer of the person who is the subject of the proceeding;

S. 371(1)(h) repealed by No. 44/2025 s. 63.

(i) if the person who is the subject of the proceeding is a security patient, whoever of the following had custody of the person before the person became a security patient—

(i) the Justice Secretary;

(ii) the Chief Commissioner of Police;

(j) the DFFH Secretary, if that Secretary has parental responsibility for the person who is the subject of the proceeding under a relevant child protection order;

(k) in the case of an adult who is not a patient with respect to a proceeding for the performance of electroconvulsive treatment, the person's medical treatment decision maker and support person;

(l) any other person or body joined as a party to the proceeding under section 364.

(2) The notice must specify all of the following—

(a) the date and time of the hearing;

(b) the place where the hearing will be held and the mode of hearing;

(c) the subject matter of the hearing;

(d) that a person who is a party to the proceeding has a right to appear at the hearing;

(e) that a person who is a party to the proceeding has a right to be represented at the hearing.

(3) The Mental Health Tribunal may dispense with giving notice under subsection (1) if the Tribunal is satisfied that it is appropriate to do so in the circumstances.

(4) A hearing, proceeding or determination of the Mental Health Tribunal or an order of the Tribunal is not invalid or affected by reason only of a failure to give notice to a person.