Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 55

Persons to be notified of restriction on inpatient's right to communicate

    (1)     An authorised psychiatrist who makes a direction under section 54 to restrict an inpatient's right to communicate must ensure that reasonable steps are taken to inform the inpatient and the following persons about the restriction, and the reason for it—

        (a)     the inpatient's nominated support person;

        (b)     a guardian of the inpatient;

        (c)     a carer of the inpatient, if the authorised psychiatrist is satisfied that the restriction will directly affect the carer and the care relationship;

        (d)     a parent of the inpatient, if the inpatient is under the age of 16 years;

        (e)     the DFFH Secretary, if that Secretary has parental responsibility for the inpatient under a relevant child protection order.

    (2)     An authorised psychiatrist who makes a direction under section 54 to restrict an inpatient's right to communicate must ensure that reasonable steps are taken to inform the primary non-legal mental health advocacy service provider about the restriction and the reason for it.



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