Western Australian Current Acts

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31 .         Revoking referral

        (1)         A medical practitioner or authorised mental health practitioner may make an order revoking a referral made under section 26(2) or (3)(a) if satisfied that the person who is referred is no longer in need of an involuntary treatment order.

        (2)         The practitioner cannot revoke the referral if it was made by another practitioner unless —

            (a)         the practitioner has consulted the other practitioner about whether or not to revoke the referral; or

            (b)         despite reasonable efforts to do so, the other practitioner could not be contacted.

        (3)         The order must be in the approved form and must include the following —

            (a)         the date and time when it is made;

            (b)         the reasons for making it;

            (c)         if the other practitioner was consulted — a record of the consultation;

            (d)         if the other practitioner could not be contacted — a record of the efforts made to do so;

            (e)         the name, qualifications and signature of the practitioner.

        (4)         The practitioner must, as soon as practicable, file the order and give a copy to the person.

        (5)         The practitioner must, as soon as practicable —

            (a)         advise the transport officer or police officer responsible for carrying out any transport order made under section 29(1) in respect of the person that the referral has been revoked under subsection (1) and that therefore the transport order has been revoked under section 153; and

            (b)         file a record of that advice.

        (6)         The person cannot continue to be detained if the referral is revoked under subsection (1).

        (7)         The release of a person because of subsection (6) is an event to which Part 9 applies and the practitioner who revokes the referral is the person responsible under that Part for notification of that event.

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