Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 82

For the purposes of exercising his or her functions under this Division, a psychiatrist giving a second psychiatric opinion—

        (a)     may examine the entitled patient; and

        (b)     may access any health information that is held by the designated mental health service that is treating the entitled patient and is relevant to the treatment of the entitled patient; and

        (c)     may consult the authorised psychiatrist and any other staff of the designated mental health service about the treatment of the entitled patient; and

        (d)     in deciding whether to recommend any changes to the treatment and the nature of those changes—

              (i)     must have regard to the following—

    (A)     the entitled patient's views and preferences about treatment and any beneficial alternative treatments that are reasonably available and the reasons for these views and preferences, including any recovery outcomes that the entitled patient would like to achieve;

    (B)     the views and preferences of the entitled patient expressed in his or her advance statement; and

              (ii)     must, to the extent that is reasonable in the circumstances, have regard to the following—

    (A)     the views of the entitled patient's nominated person;

    (B)     the views of a guardian of the entitled patient;

    (C)     the views of a carer of the entitled patient, if the psychiatrist is satisfied that the recommended changes will directly affect the carer and the care relationship;

    (D)     the views of a parent of the entitled patient, if the entitled patient is under the age of 16 years;

    (E)     the views of the Secretary to the Department of Human Services, if the entitled patient is the subject of a custody to Secretary order or a guardianship to Secretary order.