Western Australian Current Acts Western Australian Current Acts (1) An identified
person under paragraph (a), (b), (c) or (e) of the definition of identified
person in section 348 who is detained under section 28(1) or (2), 34(1),
52(1)(b), 53(1), 58(1)(b), 59(2), 62(1) or (2) or 70(1)(b) must be visited or
otherwise contacted by a mental health advocate as soon as practicable and, in
any event, on or within 3 days after the day on which the Chief Mental Health
Advocate receives a request under section 356(2)(b), or is notified of a
request under section 356(3), for the person to be contacted.
(2) An identified
person under paragraph (d) of the definition of identified person in
section 348 who is under an involuntary treatment order made on or after the
day on which this section commences must be visited or otherwise contacted by
a mental health advocate —
(a) if,
when the order is made, the person is an adult — on or within 7 days
after the day on which the involuntary treatment order is made; or
(b) if,
when the order is made, the person is a child — within 24 hours after
the time when the involuntary treatment order is made.
(3) An identified
person under paragraph (d) of the definition of identified person in
section 348 who is under an involuntary treatment order made —
(a)
before the day on which this section commences; or
(b) on
or after the day on which this section commences that has been in force for
more than 7 days from the day on which the order is made,
must be visited or
otherwise contacted by a mental health advocate on or as soon as practicable
after the day on which the Chief Mental Health Advocate receives a request
under section 356(2)(b), or is notified of a request under section 356(3), for
the person to be contacted.
(4) An identified
person under paragraph (f) of the definition of identified person in
section 348 must be visited or otherwise contacted by a mental health advocate
—
(a) if,
when detained, the person is an adult — within 7 days after the day on
which the person is detained; or
(b) if,
when detained, the person is a child — within 24 hours after the person
is detained.
(5) An identified
person under paragraph (g) of the definition of identified person in
section 348 must be visited or otherwise contacted by a mental health advocate
within 7 days (or 24 hours if the person is a child) after the day on which
the Chief Mental Health Advocate —
(a)
receives a request for the person to be contacted under section 356(2)(b); or
(b) is
notified of a request for the person to be contacted under section 356(3).
(6) An identified
person under paragraph (h) or (i) of the definition of identified person in
section 348 must be visited or otherwise contacted by a mental health advocate
on or as soon as practicable after the day on which the Chief Mental Health
Advocate receives a request under section 356(2)(b), or is notified of a
request under section 356(3), for the person to be contacted and, in any
event, within 7 days after that day.
(7) An identified
person under paragraph (j) of the definition of identified person in
section 348 must be visited or otherwise contacted by a mental health advocate
on or within a reasonable time after the day on which the Chief Mental Health
Advocate receives a request under section 356(2)(b), or is notified of a
request under section 356(3), for the person to be contacted.
(8) Despite
subsections (6) and (7), an identified person under paragraph (h), (i) or (j)
of the definition of identified person in section 348 who is a child must be
visited or otherwise contacted by a mental health advocate on or within 24
hours after the day on which the Chief Mental Health Advocate receives a
request under section 356(2)(b), or is notified of a request under
section 356(3), for the person to be contacted.
[Section 357 amended: No. 10 of 2023 s. 380.]