Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 286

286 Understanding of oral information

(1) This section applies if a provision of this Act requires any of the following persons to tell or explain something to, or discuss something with, a patient—

(a) an authorised mental health practitioner;

(b) an authorised doctor, including an authorised psychiatrist;

(c) a doctor;

(d) the administrator of an authorised mental health service;

(e) an authorised person transporting a person to an authorised mental health service or public sector health service facility under section 366 .

(2) The person must—

(a) take reasonable steps to ensure the patient understands the information; and

(b) tell or explain the thing to, or discuss the thing with, the patient—

(i) in an appropriate way having regard to the patient’s age, culture, mental illness, ability to communicate and any disability; and

Examples for subparagraph (i)—

1 If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves.

2 After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood.

3 An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it.

(ii) in a way the patient is most likely to understand, including, for example, in the patient’s language; and

(c) if the patient has a nominated support person—tell or explain the thing to, or discuss the thing with, the patient’s nominated support person; and

(d) if the patient does not have a nominated support person—tell or explain the thing to, or discuss the thing with, 1 or more of the patient’s family, carers or other support persons.

(3) For subsection (2) (b) , the person may tell or explain the thing to, or discuss the thing with, a patient at a time later than the time provided for under this Act if the person considers the patient would better understand the thing at the later time.

(4) In this section—

"patient" includes a person who may become a patient.