Western Australian Current Acts Western Australian Current Acts (1) This section does
not limit the role of a nominated person under section 263.
(2) A patient is
entitled to have uncensored communications with the patient’s nominated
person, including by any of these means —
(a)
receiving visits;
(b)
making and receiving telephone calls;
(c)
sending and receiving electronic communications;
(d)
sending and receiving mail.
(3) A right of a
patient under subsection (2) is subject to any order in force under
section 262(1) prohibiting the patient from exercising, or limiting the extent
to which the patient can exercise, a right in respect of the patient’s
nominated person.
(4) To the extent
provided by section 266, a patient’s nominated person is entitled to be
provided with information, and to be involved in matters, relating to the
patient’s treatment and care.
(5) A patient’s
nominated person may exercise, on behalf of the patient, the rights conferred
under this Act on the patient.
(6) To avoid doubt, a
nomination does not authorise a patient’s nominated person to apply on
the patient’s behalf for admission or discharge by a mental health
service, or make a treatment decision about the provision of treatment to the
patient, unless the nominated person is authorised to do so in another
capacity.
Note for this section:
For section 264(6), a
patient’s nominated person could for example also be the patient’s
enduring guardian or guardian or the person responsible for the patient under
the GAA Act section 110ZD.