Western Australian Current Acts Western Australian Current Acts (1) A patient’s
psychiatrist must ensure that each of these people is involved in the
preparation and review of the treatment, support and discharge plan for the
patient —
(a) the
patient —
(i)
whether or not the patient has the capacity to consent to
the plan being implemented in relation to himself or herself; and
(ii)
whether or not the plan can be implemented without the
patient’s consent;
(b) if
the patient does not have the capacity referred to in paragraph (a)(i) —
(i)
if the plan cannot be implemented without the
patient’s consent — the person who is authorised by law to consent
on the patient’s behalf; or
(ii)
if the plan can be implemented without the
patient’s consent — the person who would be authorised by law to
consent on the patient’s behalf if the plan could not have been
implemented without consent;
(c) if
the patient is a child — the child’s parent or guardian;
(d) if
the patient has a nominated person — the nominated person unless the
nominated person is not entitled under section 269 to be involved;
(e) if
the patient has a carer — the carer unless the carer is not entitled
under section 288(2) or 292(1) to be involved;
(f) if
the patient has a close family member — the close family member unless
the close family member is not entitled under section 288(2) or 292(1) to be
involved.
(2) Without limiting a
requirement under subsection (1)(b) to involve the person who is or would be
required by law to consent on the patient’s behalf, or under subsection
(1)(c) to involve the child’s parent or guardian, in the preparation or
review of the treatment, support and discharge plan, the requirement is taken
to be complied with if the patient’s psychiatrist ensures that
reasonable efforts continue to be made to involve the person in the
preparation or review of the treatment, support and discharge plan until the
first of these things occurs —
(a) the
person is involved in that preparation or review;
(b) it
is reasonable for the patient’s psychiatrist to conclude that the person
cannot be involved in that preparation or review.
(3) Part 16 Division 3
Subdivision 2 applies in relation to a requirement under subsection (1)(d) to
involve the patient’s nominated person in the preparation or review of
the treatment, support and discharge plan.
(4) Part 17 Division 2
applies in relation to a requirement under subsection (1)(e) to consult a
carer of the involuntary inpatient, or under subsection (1)(f) to consult a
close family member of the patient, in the preparation or review of the
treatment, support and discharge plan.
(5) The
patient’s psychiatrist may also ensure that any other person or body
that the psychiatrist considers appropriate is involved in the preparation or
review of the treatment, support and discharge plan for the patient.
(6) The
patient’s psychiatrist must ensure that each of the following is filed
—
(a) a
record of the involvement of any person referred to in subsection (1)(b) to
(f), or any person or body referred to in subsection (5), in the preparation
or review of the treatment, support and discharge plan;
(b) if a
person referred to in subsection (1)(b) to (f) could not be involved in the
preparation or review of the treatment, support and discharge plan — a
record of the efforts made to do so.
Note for this section:
For section 188(5),
the patient’s psychiatrist may for example consider it appropriate to
involve a community mental health service.