Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 398

398 .         Declaration about validity of treatment order

        (1)         The Tribunal may, on the application of a person specified in section 400(1) or on its own initiative, declare that a treatment order is or was valid or invalid.

        (2)         If the Tribunal declares that a treatment order is invalid, section 399 applies.

        (3)         Instead of declaring that a treatment order is invalid, the Tribunal —

            (a)         may declare the treatment order to be valid; and

            (b)         may make an order varying the terms of the treatment order in the manner the Tribunal considers most likely to give effect to the intention of the psychiatrist who made the treatment order.

        (4)         The Tribunal cannot make a declaration under subsection (3)(a) in respect of a treatment order if the Tribunal is satisfied that the treatment order is invalid on the ground referred to in section 402.

        (5)         A declaration made under subsection (1) or (3)(a) has effect according to its terms.