Western Australian Current Acts Western Australian Current Acts (1) A person specified
in subsection (2) may apply to the Tribunal for a review of any of these
things —
(a) an
involuntary treatment order, to decide whether or not the involuntary patient
is still in need of an involuntary treatment order having regard to the
criteria specified in section 25;
(b) an
inpatient treatment order, to decide whether or not the involuntary inpatient
is still in need of an inpatient treatment order having regard to the criteria
specified in section 25(1);
(c) a
community treatment order, to decide whether or not the terms of the order are
appropriate;
(d) a
transfer order made under section 66(1) or 91(2) in respect of an involuntary
inpatient, or a refusal to make such an order, to decide whether or not the
making of the order or the refusal to do so is appropriate;
(e) the
transfer under section 135(1)(a) of a psychiatrist’s responsibility as
the supervising psychiatrist under a community treatment order, or a refusal
to transfer that responsibility, to decide whether or not the transfer of
responsibility or the refusal to do so is appropriate;
(f) the
transfer under section 137(a) of a practitioner’s responsibility as the
treating practitioner under a community treatment order, or a refusal to
transfer that responsibility, to decide whether or not the transfer of
responsibility or the refusal to do so is appropriate;
(g) a
transfer order made under section 555(1) in respect of a State inpatient, or a
refusal to make such an order, to decide whether or not the making of the
order or the refusal to do so is appropriate.
(2) An application may
be made under subsection (1) by any of these people —
(a) the
involuntary patient;
(b) a
carer, close family member or other personal support person of the involuntary
patient;
(c) a
mental health advocate;
(d) any
other person who, in the Tribunal’s opinion, has a sufficient interest
in the matter.
(3) The application
must be in writing and, unless subsection (4) applies, may be made at any
time.
(4) The application
cannot be made within the prescribed period after the day on which the
Tribunal makes a decision that involves a consideration of substantially the
same issues as would be raised by the application unless there has been a
material change in the involuntary patient’s circumstances since that
day.
(5) For subsection
(4), the prescribed period is —
(a) if,
on the day on which the decision is made, the involuntary patient is an adult
— the period of 28 days; or
(b) if,
on the day on which the decision is made, the involuntary patient is a child
— the period of 7 days.