Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 84

    (1)     A psychiatrist who gives a second psychiatric opinion must prepare a written report that includes—

        (a)     in relation to an entitled patient (other than a forensic patient), the opinion of the psychiatrist as to whether the criteria for the relevant Order apply to the entitled patient; and

        (b)     in relation to an entitled patient, the opinion of the psychiatrist regarding the treatment provided to the entitled patient under the relevant Order and any recommended changes to the treatment that the second opinion psychiatrist is satisfied are appropriate in the circumstances.

    (2)     The psychiatrist must ensure that reasonable steps are taken to give a copy of the report prepared under subsection (1) to the following persons—

        (a)     the entitled patient;

        (b)     the person who requested the second psychiatric opinion on behalf of the entitled patient;

        (c)     the authorised psychiatrist;

        (d)     the entitled patient's nominated person;

        (e)     a guardian of the entitled patient;

        (f)     a carer of the entitled patient, if the psychiatrist is satisfied that the second opinion will directly affect the carer and the care relationship;

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

        (h)     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.