The Tribunal is required to conduct this review in the same manner as a review for a continuing care order.
The review will be conducted at the prison hospital.
The Tribunal will consist of three members, a lawyer, a medically trained person and a community member.
The person subject to the restriction order is entitled to be legally represented, or to have present an advocate or support person.
Only persons with a direct interest in the review will be allowed to be present during the hearing.
The treating team will be asked by the Tribunal to present material to satisfy them that at the time of the hearing the person still suffers a mental illness, and as a result there is still a significant risk of harm to others, and that the detention of the person is still necessary to protect others.
The treating team can be questioned by the person subject to the restriction order, their legal representative, advocate or support person in relation to this material.
The person subject to the restriction order, their legal representative, advocate or support person may present material in written or oral form which disputes that the treating team has provided sufficient material to satisfy the Tribunal that at the time of the hearing the criteria set out in section 24 of the Mental Health Act are still met.
