Mental Health (Compulsory Assessment and Treatment) Act 1992

16 Review of patient's condition by Judge

• (1) When an application is made to the court under section 11(7) or section 12(7) or section 12(12) for a review of the patient's condition,—

  • (a) subsection (1B) applies if the application is the only application that has been made for a review of the patient's condition during the first and second periods:

  • (b) subsection (1C) applies if the application is the second or subsequent application that has been made for a review of the patient's condition during the first and second periods.

  (1A) When an application is made under section 29(4) for a review of the patient's condition, subsection (1B) applies.

  (1B) When this subsection applies,—

  • (a) the court must grant the application; and

  • (b) a Judge must examine the patient as soon as practicable; and

  • (c) subsections (2) to (7) apply.

  (1C) When this subsection applies, a Judge must decide whether or not to grant the application. In making this decision, the Judge must have regard to any evidence before the Judge that indicates that the patient's condition has not changed since the last review.

  (2) The examination shall be conducted—

  • (a) at the patient's place of residence, the hospital, or the other place where the patient is undergoing assessment and treatment; or

  • (b) where that is not practicable, at the nearest practicable place.

  (3) The Judge must do the following things before and during the examination, as appropriate and practicable:

  • (a) identify himself or herself to the patient; and

  • (b) explain to the patient the purpose of the visit; and

  • (c) discuss with the patient the patient's situation, the proposed course of assessment and treatment, and the patient's views on these matters.

  (4) As well as examining the patient, the Judge shall consult with the responsible clinician, and with at least 1 other health professional involved in the case, and may consult with such other persons as the Judge thinks fit, concerning the patient's condition.

  (5) If the Judge is satisfied that the patient is fit to be released from compulsory status, the Judge shall order that the patient be released from that status forthwith.

  (6) Every review under this section of a patient's condition shall, wherever practicable, having regard to the time in which that review is required to be conducted, and to the availability of Judges and other personnel and resources, be conducted by a Family Court Judge.

  (7) Where it is not practicable for a review under this section of a patient's condition to be conducted by a Family Court Judge, that review may be conducted by any District Court Judge.

  Section 16(1): substituted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 16(1A): inserted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 16(1B): inserted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 16(1C): inserted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 16(3): substituted, on 1 April 2000, by section 16(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).