Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 145

145 .         Making, revocation or expiry of involuntary treatment order

        (1)         The person responsible under this Part for notification of the making of an involuntary treatment order must ensure that, as soon as practicable, each of the persons and bodies specified in subsection (4) is —

            (a)         given a copy of the involuntary treatment order; and

            (b)         either —

                  (i)         given the name and contact details of any carer, close family member or other personal support person who has been notified under section 140(1) of the making of the involuntary treatment order, to the extent that information is known to the person responsible; or

                  (ii)         if no carer, close family member or other personal support person has been notified under section 140(1) of the making of the involuntary treatment order — advised of that and the reasons for it.

        (2)         The person responsible under this Part for notification of the making of an order revoking an involuntary treatment order must ensure that, as soon as practicable, each of the persons and bodies specified in subsection (4) is given a copy of the order.

        (3)         The person responsible under this Part for notification of the expiry of an involuntary treatment order must ensure that, as soon as practicable, each of the persons and bodies specified in subsection (4) is advised in writing of the expiry.

        (4)         For subsections (1), (2) and (3), each of these persons and bodies is specified —

            (a)         the Chief Mental Health Advocate;

            (b)         the Mental Health Tribunal;

            (c)         if the involuntary patient is a supervised person — the Mental Impairment Review Tribunal.

        (5)         The person responsible must ensure that the following are filed —

            (a)         a record of —

                  (i)         each person or body to whom a copy of an order is given under subsection (1)(a) or (2) or advice is provided under subsection (3); and

                  (ii)         the date on which the copy is given or the advice provided to that person or body;

            (b)         a record of —

                  (i)         each person or body to whom any information referred to in subsection (1)(b) is provided; and

                  (ii)         details of the information provided to that person or body; and

                  (iii)         the date on which the information is provided to that person or body.

        [Section 145 amended: No. 10 of 2023 s. 359.]

        [Heading inserted: No. 10 of 2023 s. 360.]