Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 37

37 .         Revoking referral

        (1)         A medical practitioner or authorised mental health practitioner may make an order revoking a referral made under section 36(2) if satisfied that the voluntary inpatient 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 the revocation;

            (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 making it.

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

        (5)         The voluntary inpatient cannot continue to be detained if the referral is revoked under subsection (1).



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