19Constitution of Tribunal for certain proceedings—the Act, s 150(5)

19 Constitution of Tribunal for certain proceedings—the Act, s 150(5)

19 Constitution of Tribunal for certain proceedings—the Act, s 150(5)

(1) The Tribunal must be constituted by 3 persons for the following functions—

(a) a review of a voluntary patient under the Act, section 9,

(b) a review of an involuntary patient under the Act, section 37,

(c) determining an appeal made in relation to an involuntary patient under the Act, section 44,

(d) determining an application for a community treatment order or for the variation or revocation of a community treatment order under the Act, Chapter 3, Part 3, other than an application for variation or revocation that is not contested,

(e) a review of a detained person under the Act, section 63,

(f) determining an appeal by an affected person under the Act, section 67,

(g) conducting an ECT inquiry within the meaning of the Act, Chapter 4, Part 2, Division 3,

(h) determining an application for consent to the performance of a surgical operation on an involuntary patient under the Act, section 101,

(i) determining an application for consent to the carrying out of special medical treatment on an involuntary patient under the Act, section 103.

(2) The Tribunal must be constituted by 1 of the following persons—

(a) for the function of determining whether to grant an approval for the making of an application for a change of name of a forensic patient as a supervising authority under the Births, Deaths and Marriages Registration Act 1995, Part 5, Division 3—

(i) the President, or

(ii) a Deputy President,

(b) for the function of determining an appeal made under the Act, section 44 in relation to a person detained at a mental health facility, other than an involuntary patient—

(i) the President, or

(ii) a Deputy President, or

(iii) a member qualified to be appointed as a Deputy President.