Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 54

54 When advance health directive not followed

(1) This section applies if—

(a) the person has an advance health directive relating to the person’s future treatment and care for a mental illness; and

(b) either—

(i) the authorised doctor decides to make a treatment authority despite the person having an advance health directive; or

(ii) the nature and extent of the treatment and care decided by the authorised doctor under section 53 is inconsistent with the views, wishes and preferences of the person expressed in the advance health directive.

(2) The authorised doctor must—

(a) explain to the person the reasons why the authorised doctor made the decision mentioned in subsection (1) (b) ; and

(b) record the reasons in the person’s health records.