Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 302

302 .         Child who is a voluntary patient

        (1)         This section applies in relation to a child who is a voluntary patient.

        (2)         An application for the admission or discharge of the child by a mental health service may be made by the child’s parent or guardian unless it is shown that the child has the capacity to make the application himself or herself.

        (3)         A treatment decision about the provision of treatment to the child may be made by the child’s parent or guardian unless it is shown that the child has the capacity to make the treatment decision himself or herself.

        Note for this section:

                Part 5 Division 1 sets out what is required to show that a child has the capacity to make a decision, including a treatment decision, about himself or herself.