134BAppeal against direction under section 134A

134B Appeal against direction under section 134A

[Section 134B Inserted by No. 72 of 2005, s. 141, Applied:20 Feb 2006] [Section 134B Substituted by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]

(1)  [Section 134B Subsection (1) amended by No. 18 of 2021, s. 397, Applied:05 Nov 2021] A detainee may appeal to the Tribunal in respect of –

(a) the failure to make a direction under section 134A(2) or (3) if the detainee has made a request under section 134A(2)(a)(ii) ; or

(b) [Section 134B Subsection (1) amended by No. 4 of 2023, s. 185, Applied:25 Sep 2023] the requirement by the Chief Psychiatrist under section 134A(5) .

(2)  The commencing of an appeal does not affect the operation of the direction or requirement appealed against.

(3)  [Section 134B Subsection (3) amended by No. 18 of 2021, s. 397, Applied:05 Nov 2021] An appeal is to be heard and determined by the Tribunal within 7 days from receipt of the appeal.

(4)  [Section 134B Subsection (4) substituted by No. 18 of 2021, s. 397, Applied:05 Nov 2021] The Mental Health Act 2013 and the Tasmanian Civil and Administrative Tribunal Act 2020 apply to the hearing and determination of an appeal, regardless of whether or not the detainee has a mental illness, as if it were a review under those Acts.