Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 206

206 Authorised doctor may revoke treatment authority

(1) This section applies if, after making an assessment of the patient, an authorised doctor considers—

(a) the treatment criteria no longer apply to the patient; or

(b) there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.

(2) The authorised doctor must revoke the patient’s treatment authority.

(3) However, the authorised doctor is not required to revoke the treatment authority if the authorised doctor considers the patient’s capacity to consent to be treated for the patient’s mental illness is not stable.

Example of when a patient’s capacity to consent to be treated is not stable—

the patient gains and loses capacity to consent to be treated during a short time period

(4) Also, if the authorised doctor is not an authorised psychiatrist, the revocation takes effect only if the authorised doctor has consulted with an authorised psychiatrist about the revocation.

(5) An authorised doctor must tell a patient of a revocation of the patient’s treatment authority under this section as soon as practicable after the revocation.

(6) The administrator of the authorised mental health service must give written notice of the revocation to the patient, and the tribunal, within 7 days after the revocation.