Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 43

Authorised psychiatrist to provide report to court

On completing an assessment of a person who is subject to a Court Assessment Order, the authorised psychiatrist must ensure that reasonable steps are taken—

        (a)     to inform the person that the assessment is complete; and

        (b)     to inform the following persons in relation to the person that the assessment is complete—

              (i)     the nominated person;

              (ii)     a guardian;

              (iii)     a carer, if the authorised psychiatrist is satisfied that assessment of 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

        (c)     to notify the court that made the Court Assessment Order that the assessment is complete; and

        (d)     to provide a report to the court that—

              (i)     states if the authorised psychiatrist

    (A)     made the person subject to a Temporary Treatment Order; and

    (B)     is satisfied that the criteria specified in section 94B(1)(c) of the Sentencing Act 1991 apply to the person; and

    (C)     recommends making the person subject to a Court Secure Treatment Order; and

              (ii)     includes information as to the person's current mental condition and any other information that the authorised psychiatrist considers is appropriate.

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