Western Australian Current Acts Western Australian Current Acts (1) This section
applies in relation to any of these people —
(a) the
patient, whether or not the patient has the capacity to give informed consent
to the treatment being provided to him or her were that consent required;
(b) if
the patient does not have that capacity — the person who is authorised
by law to give that consent on the patient’s behalf were that consent
required;
(c) if
the patient has a nominated person — the nominated person;
(d) if
the person has a carer — the carer;
(e) if
the person has a close family member — the close family member.
(2) A person to whom
this section applies who is dissatisfied with the treatment being provided to
the patient may request orally or in writing the patient’s psychiatrist
or the Chief Psychiatrist to obtain the opinion (a further opinion ) of a
psychiatrist who is not the patient’s psychiatrist about whether it is
appropriate to provide the treatment to the patient.
(3) The
patient’s psychiatrist or the Chief Psychiatrist must file a record of
an oral request or a written request.
(4) The
patient’s psychiatrist or the Chief Psychiatrist must obtain the further
opinion as soon as practicable after receiving the request unless —
(a) if a
person referred to in subsection (1)(b) to (e) requests the further opinion
— the patient objects to the further opinion being obtained; or
(b)
under section 183 —
(i)
the patient’s psychiatrist or the Chief
Psychiatrist decides not to comply with the request; and
(ii)
if the patient’s psychiatrist decides not to comply
with the request — the Chief Psychiatrist confirms that decision.
(5) In obtaining the
further opinion, the patient’s psychiatrist or the Chief Psychiatrist
must have regard to the guidelines published under section 547(1)(c) about the
independence of psychiatrists from whom further opinions are obtained.
(6) A psychiatrist
cannot give a further opinion without examining the patient in accordance with
Part 6 Division 3 Subdivision 6.
(7) The further
opinion must be given in writing and may include recommendations about the
provision of treatment to the patient.
(8) The
patient’s psychiatrist must, as soon as practicable after obtaining the
further opinion —
(a) file
the opinion and give a copy to the patient; and
(b) if
the opinion was requested by a person other than the patient — give a
copy to that other person.
(9) The Chief
Psychiatrist must, as soon as practicable after obtaining the further opinion,
give a copy to each of these people —
(a) the
patient’s psychiatrist, who must file the copy as soon as practicable;
(b) the
patient;
(c) if
the opinion was requested by a person other than the patient — that
other person.
(10) In providing
treatment to the patient, the patient’s psychiatrist must have regard to
any further opinion relating to the provision of that treatment that is
obtained under this section, including any recommendations included in the
opinion under subsection (7).