Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 641

641 .         Dissatisfaction with second opinion (1996 Act s. 112)

        (1)         This section applies if, before commencement day —

            (a)         an opinion to the effect described in the 1996 Act section 112(1)(a) had been obtained under section 111 of that Act in respect of a patient to whom Part 13 Division 2 applies; and

            (b)         the Chief Psychiatrist had become aware, because of oral or written advice given to the Chief Psychiatrist by the patient, of the patient’s continued dissatisfaction with treatment being provided to the patient.

        (2)         If, immediately before commencement day, the Chief Psychiatrist had not done anything under the 1996 Act section 112(2) as a result of the advice, the advice is taken to be advice given to the Chief Psychiatrist by the patient under section 184(1).

        (3)         If, immediately before commencement day, the Chief Psychiatrist had referred a matter to the Mental Health Review Board under the 1996 Act section 112(2)(b) but the Board had not made a decision on the matter under section 112(3) of that Act, any proceeding before the Board in respect of the matter is discontinued.

        [Section 641 inserted: No. 25 of 2014 s. 9.]