Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person who has a nominated person and has decision-making capacity may end the nomination by telling a member of the person's treating team, orally or in writing, that they do not want the nominated person to continue to perform the functions of a nominated person.
(2) A nominated person may end their nomination by telling a member of the person's treating team, orally or in writing, that they are not able to continue to perform the functions of a nominated person.
(3) A nomination ended by a person under subsection (1) or (2) ends on—
(a) the day the person tells the member of the treating team; or
(b) if the person tells the member of the treating team in writing that the nomination ends on a later day—the later day.
(4) The chief psychiatrist may end the nomination of a nominated person if—
(a) the chief psychiatrist believes on reasonable grounds that—
(i) the nominated person is not able to continue to perform the functions of a nominated person under section 20 (Nominated person—functions); or
(ii) the nominated person no longer satisfies the criteria mentioned in section 19 (2) (Nominated person); or
(iii) it is in the best interest of the person who made the nomination that the nomination ends; and
(b) the chief psychiatrist consults with the person who made the nomination about the reasonable grounds for ending the nomination.
(5) If the chief psychiatrist ends a nomination under subsection (4), the chief psychiatrist—
(a) must make a record about the reason for ending the nomination; and
(b) must give written notice of the day that the nomination is to end to the following:
(i) the person who made the nomination;
(ii) the nominated person;
(iii) a member of the person's treating team; and
(c) may, if the person who made the nomination has decision-making capacity, ask the person whether there is someone else who can be nominated; and
(d) must advise the person who made the nomination about advocacy services that may be available to provide assistance to the person.
Examples—par (d)
1 the public advocate
2 ACT Disability, Aged and Carer Advocacy Service
(6) A member of a person's treating team who is told about a nomination ending under subsection (1), (2) or (4) must ensure that—
(a) information about the nomination ending is entered in the person's record as soon as practicable; and
(b) the person is told in a way that the person is most likely to understand that the information has been entered in the person's record; and
(c) the person is given a copy of the information entered in the person's record.
(7) In this section:
"treating team", for a person with a mental disorder or mental illness—see section 24.