Mental Health (Compulsory Assessment and Treatment) Act 1992

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Schedule 1
Procedural provisions relating to Review Tribunals

s 82

1 Examination of patient
  • Where a Review Tribunal is to review the condition of any patient under any of the provisions of Part 7, the convener, or some other member of the Tribunal nominated for the purpose by the convener, shall, as soon as practicable, examine the patient at the hospital, or the other place where the patient is undergoing treatment, or at such other suitable place as the convener or other member may determine, and may consult with such other persons as the convener or the member thinks fit concerning the condition of the patient.

2 Attendance of patient and other persons
  • (1) The patient shall be present throughout the hearing by a Review Tribunal of an application for a review of the patient's condition unless—

    • (a) the convener or other member who examines the patient in accordance with clause 1 certifies that it would be in the best interests of the patient to excuse the patient from attending the hearing; or

    • (b) the patient is excused or excluded by the Tribunal under subclause (2) or subclause (3).

    (2) The Tribunal may excuse the patient if it is satisfied that the patient wholly lacks the capacity to understand the nature and purpose of the proceedings, or that attendance or continued attendance is likely to cause the patient serious mental, emotional, or physical harm.

    (3) The Tribunal may exclude the patient if it is satisfied that the patient is causing such a disturbance that it is not practicable to continue with the hearing in the presence of the patient.

    (4) The Tribunal may exercise, at any stage of the hearing,—

    • (a) the discretion conferred on it, by subclause (2), to excuse a patient; or

    • (b) the discretion conferred on it, by subclause (3), to exclude a patient.

    (5) The patient shall be present while the Tribunal makes any order upon the application unless—

    • (a) the patient has been excused or excluded under subclause (2) or subclause (3); or

    • (b) there are exceptional circumstances justifying the Tribunal making an order in the absence of the patient.

    (6) Any other person to whom a copy of the certificate of clinical review is sent under section 76(7)(b) or section 77(3)(b) shall be entitled to be present throughout the hearing, except as the convener may otherwise order.

3 Right of patient and other persons to be heard and call evidence
  • (1) The patient, and any person referred to in clause 2(6), shall be entitled to be heard by the Tribunal, whether in person or through a barrister or solicitor, and to call witnesses, and to cross-examine any witness called by any other party to the proceedings.

    (2) Without limiting anything in subclause (1), where the patient is present and appears capable of addressing the Tribunal, the Tribunal shall give the patient an opportunity to do so; and, in any such case, the Tribunal may, if it thinks it desirable to do so, require any parent or guardian of the patient, or any other person with whom the patient is living, or any barrister or solicitor representing any such parent, guardian, or other person, to withdraw from the Tribunal while the patient is addressing the Tribunal.

4 Tribunal may call for report on patient
  • (1) A Review Tribunal may, if it is satisfied that it is necessary for the proper review of a patient's condition, request any person whom it considers qualified to do so to prepare a medical, psychiatric, psychological, or other report on the patient.

    (2) In deciding whether or not to request a report under subclause (1), the Tribunal may ascertain and have regard to the wishes of the patient and any other party to the proceedings.

    (3) A copy of any report obtained under this section shall be given by the convener of the Tribunal to the barrister or solicitor for the patient and for each of the other parties to the proceedings or, if any party is not represented by a barrister or solicitor, to that party.

    (4) The Tribunal shall order that a copy of a report given to a barrister or solicitor under subclause (3) shall not be given or shown to the person for whom the barrister or solicitor is acting if the Tribunal has reason to believe that such disclosure of the contents of the report may pose a serious threat to the health or safety of the patient or of any other person.

    (5) Any party to the proceedings may tender evidence on any matter referred to in any such report.

    (6) The Tribunal may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings.

    (7) A Tribunal that requests a person to prepare a report must make 1 of the orders described in subclause (8). A Tribunal considering whether or not to make an order under subclause (8)(a) must hear the party or parties affected.

    (8) The orders are—

    • (a) an order for the fees and expenses of the person to be paid by any party or parties to the proceedings, as the Tribunal orders:

    • (b) an order for the fees and expenses of the person to be met from any appropriation by Parliament for the purpose.

    Schedule 1 clause 4(5): substituted, on 1 April 2000, by section 75(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Schedule 1 clause 4(6): substituted, on 1 April 2000, by section 75(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Schedule 1 clause 4(7): substituted, on 1 April 2000, by section 75(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Schedule 1 clause 4(8): added, on 1 April 2000, by section 75(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

5 Evidence
  • For the purposes of any review of a patient's condition, a Review Tribunal may receive any evidence that it thinks fit, whether it is admissible in a court of law or not.

6 Power of Tribunal to call witnesses
  • (1) Without limiting anything in clause 5, for the purposes of a review of a patient's condition, a Review Tribunal may, of its own motion, call as a witness any person whose evidence may, in its opinion, be of assistance to the Tribunal.

    (2) A witness called by the Tribunal under this clause shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.

    (3) A witness called by the Tribunal under this clause may be examined and re-examined by the Tribunal, and may be cross-examined by or on behalf of any party to the proceedings.

    (4) Sections 20, 38, and 39 of the Summary Proceedings Act 1957, so far as they are applicable and with the necessary modifications, shall apply with respect to every person called as a witness by the Tribunal under this clause as if that person had been called by a party to the proceedings.

    (5) The expenses of any witness called by the Tribunal under this clause must be met, in accordance with the prescribed scale of witnesses' expenses, in the first instance from any appropriation by Parliament for the purpose.

    Schedule 1 clause 6(5): substituted, on 1 April 2000, by section 75(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

7 Proceedings not open to public
  • (1) No person shall be present during any proceedings before a Review Tribunal except the following:

    • (a) members and staff of the Tribunal:

    • (b) parties to the proceedings and their barristers and solicitors:

    • (c) witnesses:

    • (e) any other person whom the convener permits to be present.

    (2) Any witness shall withdraw from the Tribunal if asked to do so by the convener.

8 Restriction of publication of reports of proceedings
  • (1) No person shall publish any report of proceedings before a Review Tribunal except with the leave of the Tribunal.

    (2) Nothing in subclause (1) shall apply to the publication of any report in any publication that—

    • (a) is of a bona fide professional or technical nature; and

    • (b) is intended for circulation among—

      • (i) members of the legal or medical professions:

      • (ii) psychologists:

      • (iii) social workers:

      • (iv) employees of a service or the Ministry of Health.

    Schedule 1 clause 8(2)(b): substituted, on 1 April 2000, by section 75(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Schedule 1 clause 8(2)(b)(iv): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

9 Tribunal may dispense with hearing in certain circumstances
  • Notwithstanding any of the preceding provisions of this schedule, a Review Tribunal may review a patient's condition without a formal hearing if it is satisfied that no person wishes to be heard in respect of the review.