Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 402

402 .         Failure to comply with this Act

                Without limiting the grounds on which a treatment order can be declared under section 398(1) to be or to have been invalid, the Tribunal may declare that a treatment order is or was invalid if satisfied that —

            (a)         there has been or was a failure to comply with the requirements of this Act in relation to —

                  (i)         the making of the treatment order; or

                  (ii)         the conduct of any assessment or examination, or the making of any referral or order, that led to the making of the treatment order;

                and

            (b)         because of that failure, whether alone or in combination with one or more other such failures, the rights or interests of the involuntary patient have been or were substantially prejudiced.



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