Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 127

127 .         What supervising psychiatrist must do if order breached

        (1)         This section applies if an involuntary community patient breaches a community treatment order.

        (2)         The supervising psychiatrist must —

            (a)         record the breach; and

            (b)         give notice of the breach to the involuntary community patient; and

            (c)         if the involuntary community patient is a supervised person — give notice of the breach to the Mental Impairment Review Tribunal.

        (3)         The record of breach must be in the approved form and must include these things —

            (a)         details of the involuntary community patient’s non-compliance;

            (b)         the steps that have been taken to obtain the involuntary community patient’s compliance;

            (c)         a statement that the supervising psychiatrist holds the belief referred to in section 126(c);

            (d)         the facts on which that belief is based;

            (e)         the reasons for that belief.

        (4)         The notice of breach must be in the approved form and must include these things —

            (a)         details of the involuntary community patient’s non-compliance;

            (b)         details of what the involuntary community patient must do to comply;

            (c)         a statement that continued non-compliance with the order may result in the involuntary community patient being required to attend a place to enable the patient to be provided with treatment.

        (5)         The supervising psychiatrist must, as soon as practicable, file the record of breach and a copy of the notice of breach.

        [Section 127 amended: No. 10 of 2023 s. 358.]