8Appeals against refusal to discharge—the Act, ss 44 and 196(2)(a)

8 Appeals against refusal to discharge—the Act, ss 44 and 196(2)(a)

8 Appeals against refusal to discharge—the Act, ss 44 and 196(2)(a)

(1) For the Act, section 44(2), an applicant may make an appeal by—

(a) serving a notice in the form set out in Form 3 on the authorised medical officer, or

(b) declaring to the authorised medical officer that the applicant wishes to appeal to the Tribunal.

(2) A person, other than an applicant, who has a right to appeal under the Act, section 44 may make an appeal by—

(a) lodging at the office of the Tribunal, or serving on the Tribunal, a notice in the form set out in Form 3, or

(b) serving a notice in the form set out in Form 4 on the authorised medical officer, or

(c) declaring to the authorised medical officer, in the presence of the involuntary patient or person detained, that the patient or person wishes to appeal to the Tribunal.

(3) If an appeal is made under subsection (1)(a) or (b) or (2)(b) or (c) to the medical superintendent of the mental health facility, the medical superintendent must—

(a) notify the medical officer of the mental health facility nominated to be an authorised medical officer, if any, and

(b) give a copy of the notice to the Tribunal.

(4) If an appeal is made under subsection (1)(a) or (b) or (2)(b) or (c) to a medical officer of the mental health facility nominated to be the authorised medical officer, the medical officer must—

(a) notify the medical superintendent of the mental health facility, and

(b) give a copy of the notice to the Tribunal.

(5) If an appeal is made under subsection (2)(a) to the Tribunal, the Registrar of the Tribunal must notify the authorised medical officer.

(6) If an appeal is made under subsection (1)(b) or (2)(b) to the authorised medical officer, the authorised medical officer must make a written record of the making of the appeal.