Western Australian Current Acts Western Australian Current Acts (1) A psychiatrist may
make an order granting an involuntary inpatient leave of absence from a
hospital if satisfied that granting the leave of absence —
(a) will
—
(i)
be likely to benefit the involuntary inpatient’s
recovery from mental illness or to benefit the inpatient’s mental health
in some other way; or
(ii)
enable the involuntary inpatient to obtain medical or
surgical treatment or be likely to benefit the inpatient’s physical
health in some other way;
and
(b) is
not inconsistent with the involuntary inpatient’s need to be provided
with treatment for a reason specified in section 25(1)(b).
(2) The psychiatrist
cannot make the order unless the psychiatrist has consulted each of the
following about the matters specified in subsection (3) —
(a) if
the involuntary inpatient has an enduring guardian or guardian — the
enduring guardian or guardian;
(b) if
the involuntary inpatient is a child — the child’s parent or
guardian;
(c) if
the involuntary inpatient has a nominated person — the nominated person
unless the nominated person is not entitled, for the reason referred to in
section 269(1), to be consulted;
(d) if
the involuntary inpatient has a carer — the carer unless the carer is
not entitled, for the reason referred to in section 288(2) or 292(1), to be
consulted;
(e) if
the involuntary inpatient has a close family member — the close family
member unless the close family member is not entitled, for the reason referred
to in section 288(2) or 292(1), to be consulted;
(f) if
the involuntary inpatient is a supervised person — the Mental Impairment
Review Tribunal.
(3) For subsection
(2), these matters are specified —
(a)
whether or not to make the order; and
(b) what
period and conditions would be appropriate to specify in the order if it were
to be made.
(4) Without limiting a
requirement under subsection (2)(a) to consult the involuntary
inpatient’s enduring guardian or guardian, or under subsection (2)(b) to
consult the involuntary inpatient’s parent or guardian, about the
matters referred to in subsection (3)(a) and (b), the requirement is taken to
be complied with if the psychiatrist ensures that reasonable efforts continue
to be made to consult the person about those matters until the first of these
things occurs —
(a) the
person is consulted about those matters;
(b) it
is reasonable for the psychiatrist to conclude that the person cannot be
consulted about those matters.
(5) Part 16 Division 3
Subdivision 2 applies in relation to a requirement under subsection (2)(c) to
consult the involuntary inpatient’s nominated person about the matters
referred to in subsection (3)(a) and (b).
(6) Part 17 Division 2
applies in relation to a requirement under subsection (2)(d) to consult a
carer of the involuntary inpatient, or under subsection (2)(e) to consult a
close family member of the involuntary inpatient, about the matters referred
to in subsection (3)(a) and (b).
(7) The psychiatrist
must ensure that the following are filed —
(a) if a
person referred to in subsection (2)(a) to (e) was consulted — a record
of the consultation; or
(b) if a
person referred to in subsection (2)(a) to (e) could not be consulted —
a record of the efforts made to do so.
(8) The psychiatrist
cannot make the order unless the psychiatrist has considered whether it would
be more appropriate to make an order under section 90(1) in respect of the
involuntary inpatient.
(9) The order
authorises the involuntary inpatient’s absence from the hospital for the
period, and subject to the conditions, the psychiatrist considers appropriate
and specifies in the order.
(10) The conditions
imposed under subsection (9) may include conditions about the involuntary
inpatient doing any of these things —
(a)
residing at a specified place;
(b)
receiving specified treatment;
(c)
attending at a specified place, and remaining there as specified in the order,
to enable the involuntary inpatient to be provided with specified treatment.
(11) The order must be
in the approved form and must include the following —
(a) the
date and time when it is made;
(b) the
period and conditions of the leave of absence;
(c) the
reasons for granting the leave of absence;
(d) the
name, qualifications and signature of the psychiatrist.
(12) The psychiatrist
must, as soon as practicable, file the order and give a copy to the
involuntary inpatient.
(13) The making of an
order under subsection (1) is an event to which Part 9 applies and the
psychiatrist who makes the order is the person responsible under that Part for
notification of that event.
[Section 105 amended: No. 10 of 2023 s. 357.]