Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 287

287 Written notices to be given to nominated support persons and others

(1) This section applies if—

(a) a provision of this Act requires any of the following persons to give a written notice to a patient—

(i) an authorised doctor;

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

(iii) the chief psychiatrist;

(iv) the tribunal; or

(b) any of the following events (each a
"significant event" ) happens to a patient—

(i) admission to an authorised mental health service as a classified patient;

(ii) responsibility for the patient is transferred under chapter 11 , part 5 from an authorised mental health service to another entity.

(2) If the patient has a nominated support person—

(a) for a written notice mentioned in subsection (1) (a) —

(i) the person must give a copy of the required written notice to the nominated support person; and

(ii) the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice; and

(b) for a significant event mentioned in subsection (1) (b) —the administrator of the authorised mental health service must give a copy of the required written notice to the nominated support person.

(3) If the person giving a required written notice to a patient is aware the patient has a personal guardian or attorney—

(a) the person must give a copy of the required written notice to the personal guardian or attorney; and

(b) for a written notice mentioned in subsection (1) (a) —the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice.

(4) If the patient does not have a nominated support person, or a personal guardian or attorney, the person may give the required written notice to 1 or more of the patient’s family, carers or other support persons (the
"other person" ) as well as, or instead of, to the patient if—

(a) the patient may not understand or benefit from receiving the notice; and

(b) giving the notice to the other person appears to be in the patient’s best interests; and

(c) the patient has not asked for communication with the other person not to happen.

(5) If the patient is a minor, the person may give the required written notice to 1 or more of the minor’s parents as well as, or instead of, to the minor if—

(a) the minor may not understand or benefit from receiving the notice; and

(b) giving the notice to the parent appears to be in the minor’s best interests.

(6) In this section—

"required written notice" means—

(a) a written notice mentioned in subsection (1) (a) ; or

(b) a written notice explaining the significant event mentioned in subsection (1) (b) .