Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 48

48 .         How assessment must be conducted

        (1)         The assessment must be conducted in the least restrictive way, and the least restrictive environment, practicable.

        (2)         Unless subsection (3) applies, the practitioner and the person being assessed —

            (a)         must be in one another’s physical presence; or

            (b)         if that is not practicable — must be able to hear one another without using a communication device (for example, by being able to hear one another through a door).

        (3)         The practitioner may conduct the assessment using audiovisual communication if —

            (a)         the person being assessed is outside a metropolitan area; and

            (b)         it is not practicable for the practitioner to comply with subsection (2)(a) or (b); and

            (c)         a health professional and the person being assessed —

                  (i)         are in one another’s physical presence; or

                  (ii)         if that is not practicable — are able to hear one another without using a communication device (for example, by being able to hear one another through a door).

        (4)         For the purposes of this Act, an assessment conducted using audiovisual communication is taken to be conducted, and any referral made as a result is taken to be made, at the place where the person assessed is when the assessment is conducted.