Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 98

98 Person must participate in examination in good faith—report on request

(1) If a psychiatrist report about a person is being prepared on a request under section 90 , the person and any support person must participate in an examination for the psychiatrist report in good faith.

Examples of participating in an examination in good faith—

• attending appointments in relation to the examination

• answering questions during the examination

• allowing access to the person’s health records

(2) If the authorised psychiatrist preparing the psychiatrist report is satisfied the person or support person is not participating in the examination in good faith, the authorised psychiatrist must give the administrator of the authorised mental health service who appointed the psychiatrist written notice of the psychiatrist’s belief.

(3) If the administrator receives a notice under subsection (2) , the administrator may decide to revoke the direction to prepare the psychiatrist report.

(4) However, before revoking the direction, the administrator must—

(a) give the person the subject of the examination a written notice (a
"show cause notice" ) stating the following—

(i) that the administrator proposes to revoke the direction to prepare the psychiatrist report (the
"proposed action" );

(ii) the grounds for the proposed action;

(iii) the facts and circumstances forming the basis for the grounds;

(iv) that the person may make submissions about the show cause notice to the administrator;

(v) a day and time within which submissions must be made; and

(b) consider any submissions given in response to the show cause notice.

(5) If the administrator revokes the direction, the administrator must give the following persons written notice of the revocation—

(a) the person the subject of the examination;

(b) the person who made the request under section 90 ;

(c) the chief psychiatrist.