379Referral of question of law to Supreme Court

379 Referral of question of law to Supreme Court

(1) With the consent of the President, the Mental Health Tribunal may refer any question of law arising in a proceeding to the Supreme Court.

(2) The referral may be made—

(a) on the application of a party to a proceeding before the Mental Health Tribunal; or

(b) on the Mental Health Tribunal's own motion.

(3) If a question of law has been referred to the Supreme Court, the Mental Health Tribunal must not—

(a) make a determination to which the question of law is relevant while the referral is pending; or

(b) proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question.

(4) Despite anything to the contrary in this Act, if a question of law has been referred to the Supreme Court, the Mental Health Tribunal may—

(a) adjourn the hearing; and

(b) extend the duration of any temporary treatment order or treatment order to which the person who is the subject of the proceeding to which the question of law relates is subject until the referred question of law is resolved and the Tribunal has made its determination.