Requirements of the Act



Overview

It is recognised that public mental health services deliver services in the context of multidisciplinary teams of which the 'authorised psychiatrist' is a member. Therefore whilst the Act requires that the authorised psychiatrist ensure that 'reasonable steps' are taken to inform the nominated person and carer at particular points during a compulsory patient's care and have 'regard to the views' of the nominated person and carer, in practice within treatment teams parts of these functions may be delegated to other team members and form part of team practice.

Requirements relate to:

  • Compulsory Orders
  • ECT
  • Restrictive Interventions
  • Other provisions- treatment decisions, right to communicate & leave of absence.

Photograph of nominated person

Requirements for Compulsory Orders

Click on each Point in Care to read about:

  • which section of the Act is relevant
  • required action of Authorised Psychiatrist
  • required documentation.
Point in Care
Section of the Act

Division 1 Assessment Orders
30 Making an AO
35 Variation of AOs
37 Revocation or Expiry of AO

Required action of Authorised Psychiatrist

As soon as practicable after being notified that the AO is made, varied, revoked or expired, the authorised psychiatrist must ensure that reasonable steps are taken to inform the nominated person and a carer.

Required documentation

Give the nominated person and a carer a copy of the Order (or varied Order) and the relevant statement of rights.

Making of a TTO and Determining whether the TTO is CTTO; or an ITTO

Section of the Act

Division 3 Temporary Orders
46 Authorised psychiatrist may make TTO
48 Community or Inpatient TTO

Required action of Authorised Psychiatrist

In determining whether the treatment criteria apply to the person, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to the views of the nominated person and a carer.

What does have regard to mean? - The Act does not specify what this term means, but in practice 'have regard' means that the psychiatrist has to consider the nominated person and carers views. This consideration should be documented in the person's individual clinical record.

Required documentation

- N/A

Section of the Act

Division 3 Temporary Orders
50 Information and other requirements in relation to TTOs
Division 5-Variation of TTOS and TOs
59 Requirements in relation to varied TTOs and TOs
Division 6-Revocation and Expiry of TTO and TOs
63 Notification requirements for expired or revoked TTO and TOs

Required action of Authorised Psychiatrist

As soon as practicable after a TTO is made or varied, revoked or expired, the authorised psychiatrist must

(a) notify the Tribunal that the Order has been made or varied; and

(b) ensure that reasonable steps are taken to inform the following persons in relation to the person subject to the Order that the Order has been made-the nominated person and a carer.

Required documentation

Give the nominated person and carer a copy of the Order and the relevant statement of rights.

Requirements for Protection of Rights, Leave and Treatment

Click on each Point in Care to read about:

  • which section of the Act is relevant
  • required action of Authorised Psychiatrist
  • required documentation.
Point in Care
Section of the Act

Part 3 Protection of Rights
Division 2 Right to Communicate
17 Persons to be notified

Required action of Authorised Psychiatrist

Must ensure that reasonable steps are taken to inform the inpatient and the nominated person and carer about the restriction, and the reason for it

Required documentation

- N/A


Section of the Act

Part 4 Compulsory Patients
Division 7-General provisions
64 Leave of absence with approval

Required action of Authorised Psychiatrist

In determining whether to grant a leave of absence to a person, to grant a leave of absence subject to conditions or to vary its conditions or duration under this section, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following- the views of the nominated person and a carer (where there is a care relationship) amongst others.

Required documentation

- N/A

Section of the Act

Part 4 Compulsory Patients
Division 7-General provisions
64 Leave of absence with approval

Required action of Authorised Psychiatrist

As soon as practicable after the authorised psychiatrist grants a leave of absence or varies or revokes a leave of absence, the authorised psychiatrist must ensure that reasonable steps are taken- to notify the following persons in relation to the person who is subject to the Order of the decision- the nominated person and a carer (in the case of the carer this decision would depend on whether the carer and the care relationship will be affected)

Required documentation

- N/A

Section of the Act

PART 5-Treatment
Division 1-Capacity and informed consent
71 When a patient does not give consent to treatment
Division 3-Medical treatment
76 Matters authorised psychiatrist must take into account if consenting to medical treatment of patient

Required action of Authorised Psychiatrist

In determining whether there is no less restrictive way for the patient to be treated, or whether a medical treatment would benefit a patient, the authorised psychiatrist must have regard, to the extent that is reasonable in the circumstances, to the views of the nominated person and carer (amongst others)

Required documentation

- N/A

Section of the Act

Division 4-Second psychiatric opinions
82 Powers of a psychiatrist giving a second psychiatric opinion

Required action of Authorised Psychiatrist

In the case of a psychiatrist giving a second psychiatric opinion, the psychiatrist must have regard, to the extent that is reasonable in the circumstances, the views of the nominated person and carer (amongst others).

Required documentation

Give the nominated person and carer a copy of the second opinion report.

Requirements for ECT and Restrictive Interventions

Click on each Point in Care to read about:

  • which section of the Act is relevant
  • required action of Authorised Psychiatrist
  • required documentation.
Point in Care
Section of the Act

PART 5-Treatment
Division 5 Electroconvulsive treatment (ECT)
93 Application to Tribunal to perform ECT on a patient who is not a young person
94 Application to perform ECT on a young person

Required action of Authorised
Psychiatrist

In determining whether there is no less restrictive way for a patient (including a young person) to be treated, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to the views of the nominated person and carer (amongst others).

In the case of a young person, where they are subject to a protective order, the carer will be the Secretary to the DHS.

Required documentation

- N/A

Section of the Act

PART 6-Restrictive interventions
Division 1-General
107 Notification of use of restrictive intervention

Required action of Authorised
Psychiatrist

An authorised psychiatrist must take reasonable steps to ensure that, as soon as practicable after commencement of the use of a restrictive intervention on a person, the nominated person and a carer are notified of its use, the nature of the restrictive intervention and the reason for using it.

Required documentation

- N/A