Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 408

408 Administrator may refuse to allow person to visit patient

(1) The administrator of an authorised mental health service may refuse to allow a person to visit a patient of the service if the administrator is satisfied the proposed visit will adversely affect the patient’s treatment and care.

Example for subsection (1)—

The administrator may be satisfied a patient’s treatment and care will be adversely affected if, on a previous visit by a person, the patient’s mental state deteriorated.

(2) The administrator must give the person written notice of the decision.

(3) The notice must state—

(a) the reasons for the decision; and

(b) that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and

(c) how the appeal is made.

(4) This section does not permit the administrator to refuse to allow either of the following to visit a patient of the service—

(a) a person performing a function under an Act, including, for example, a community visitor performing a function under the Public Guardian Act 2014 ;

(b) a legal representative or health practitioner requested by the patient to visit.