Victorian Numbered Acts Victorian Numbered Acts(1) The chief psychiatrist must review the treatment of an entitled patient within 10 business days after receiving an application for review under section 87(1).
(2) For the purposes of conducting a review of the treatment of an entitled patient, the chief psychiatrist may—
(a) examine the entitled patient; and
(b) access any health information that is held by the designated mental health service treating the entitled patient and is relevant to the treatment of the entitled patient; and
(c) consult the authorised psychiatrist and any other staff of the designated mental health service about the treatment of the entitled patient.
(3) In deciding whether to recommend any changes
to the treatment and the nature of those changes, the chief psychiatrist must,
to the extent that is reasonable in the circumstances, have regard to the
following—
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(a) the entitled patient's views and preferences about treatment of his or her mental illness and any beneficial alternative treatments that are reasonably available and the reasons for those 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;
(c) the views of the entitled patient's nominated person;
(d) the views of a guardian of the entitled patient;
(e) the views of a carer of the entitled patient, if the chief psychiatrist is satisfied that the recommended changes will directly affect the carer and the care relationship;
(f) the views of a parent of the entitled patient, if the entitled patient is under the age of 16 years;
(g) 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.
(4) The chief psychiatrist may, if appropriate in the circumstances, direct the authorised psychiatrist to change the treatment of the entitled patient.
(5) A direction made by the chief psychiatrist under subsection (4) is not limited to the recommendations made in any report prepared under section 84 in respect of the entitled patient.
(6) The chief psychiatrist must, as soon as practicable, ensure that reasonable steps are taken to notify in writing the following persons of the outcome of a review conducted under this section—
(a) the entitled patient;
(b) any person, other than the entitled patient, who applied for the review under section 87;
(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 chief psychiatrist is satisfied that the recommended changes 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.