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Reviews and Appeals

The patient, the Public Advocate or a person with a proper interest (meaning a person who has a genuine concern for, and involvement in, the well being of the person with a mental illness) have a right to appeal to the Guardianship Board against decisions by medical practitioners to detain people for three day or twenty one day orders [Mental Health Act 1993 s 26].

The Mental Health Act 1993 allows for free legal representation to be available to the person subject to the detention order [s.27]. In addition, the Board may independently decide to review the patient's situation and revoke the detention order. Appeal forms can be obtained from the Approved Treatment Centre where the patient is being detained or from the Board. Details about free legal representation are attached to the appeal form.


Statements of rights, and reasons for Guardianship Board decisions  :  Last Revised: Thu Nov 29th 2001




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