Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 32

Information requirements in relation to an Assessment Order

    (1)     A registered medical practitioner or mental health practitioner who makes an Assessment Order must—

        (a)     notify the authorised psychiatrist of the relevant designated mental health service that the Assessment Order is made and give the authorised psychiatrist a copy of the Order; and

        (b)     to the extent that is reasonable in the circumstances—

              (i)     inform the person who is subject to the Assessment Order that he or she is subject to an Assessment Order; and

              (ii)     give the person a copy of the Order and a copy of the relevant statement of rights; and

Note

See Division 1 of Part 3 in relation to the statement of rights.

              (iii)     explain the purpose and effect of the Order to the person.

    (2)     As soon as practicable after being notified under subsection (1) that the Assessment Order is made, the authorised psychiatrist must ensure that reasonable steps are taken—

        (a)     to inform the following persons in relation to the person who is subject to the Order that the Order has been made—

              (i)     the nominated person;

              (ii)     a guardian;

              (iii)     a carer, if the authorised psychiatrist is satisfied that assessing the person will directly affect the carer and the care relationship;

              (iv)     a parent, if the person is under the age of 16 years;

              (v)     the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order; and

        (b)     to give the persons referred to in paragraph (a) a copy of the Order and the relevant statement of rights.



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