Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 288

288 Communication about patient with others

(1) This section applies if a provision of this Act requires a person to tell or explain something to, or discuss something with, a patient’s nominated support persons, family, carers or other support persons.

(2) The provision does not apply if—

(a) the patient requests, at a time when the patient has capacity to make the request, that the communication not take place; or

(b) the person is not readily available or willing for the communication to take place; or

Example—

the person is not willing to visit the patient in hospital while the patient is receiving treatment and care

(c) the communication with the person is likely to be detrimental to the patient’s health and wellbeing.

Example—

the person has previously disrupted the patient’s treatment and care resulting in the patient’s condition deteriorating

(3) In this section—

"capacity" , of a patient to make a request, means the patient has the ability to—

(a) understand the nature and effect of the request; and

(b) freely and voluntarily make the request; and

(c) communicate the request.

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