Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 268

268 .         Contacting nominated person

        (1)         This section applies in relation to a requirement under this Act to provide a patient’s nominated person with information referred to in section 266(1)(a) or (c) or involve a patient’s nominated person in a matter referred to in section 266(1)(b).

        (2)         Without limiting a requirement referred to in subsection (1), the requirement is taken to have been complied with if the person responsible for ensuring the requirement is complied with ensures that reasonable efforts to provide the nominated person with the information or involve the nominated person in the matter continue to be made until the first of these things occurs —

            (a)         the nominated person is provided with the information or involved in the matter;

            (b)         it is reasonable for the person responsible to conclude that the nominated person cannot be provided with the information or involved in the matter.

        (3)         The person responsible must ensure that one of the following is filed —

            (a)         a record of when and how the nominated person was provided with the information or involved in the matter;

            (b)         if the nominated person could not be provided with the information or involved in the matter — a record of the efforts made to do so.



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