(1) A patient’s
nominated person is entitled —
(a)
subject to section 269, to be provided with information relating to the
patient’s treatment and care, including information about these matters
—
(i)
the mental illness for which the patient is being
provided with treatment or care;
(ii)
if the patient is an involuntary patient — the
grounds on which, and the provision of this Act under which, the involuntary
treatment order was made;
(iii)
the treatment and care proposed to be provided to the
patient and any other options for the patient’s treatment and care that
are reasonably available;
(iv)
the treatment provided to the patient and the
patient’s response to that treatment;
(v)
the seclusion of, or use of bodily restraint on, the
patient;
(vi)
the services available to meet the patient’s needs;
and
(b)
subject to section 269, to be involved in matters relating to the
patient’s treatment and care, including these matters —
(i)
the consideration of the options that are reasonably
available for the patient’s treatment and care;
(ii)
the provision of support to the patient;
(iii)
the preparation and review of any treatment, support and
discharge plan for the patient;
and
(c) to
be provided with information about the patient’s rights under this Act
and how those rights can be accessed and exercised; and
(d) to
be provided with information about the rights of the nominated person under
this Act and how those rights can be accessed and exercised.
(2) A patient’s
nominated person may indicate the extent to which the nominated person wants
to be provided with the information referred to in subsection (1)(a) or (c) or
to be involved in the matters referred to in subsection (1)(b).
(3) To avoid doubt, a
patient’s nominated person is not authorised 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.
Notes for this section:
1. Any information
provided under section 266(1)(a), (c) or (d) must be provided in accordance
with section 9(2).
2. For section 266(3),
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.