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MENTAL HEALTH ACT 2016 - SECT 43
Making assessment
43 Making assessment
(1) An authorised doctor may make an assessment of a person subject to a
recommendation for assessment to decide— (a) whether the treatment criteria
apply to the person; and
(b) whether there is a less restrictive way for the
person to receive treatment and care for the person’s mental illness.
(2)
The authorised doctor who makes the assessment under subsection (1) must not
be the authorised doctor who made the recommendation for assessment for the
person.
(3) Subsection (2) does not apply if the authorised doctor is an
authorised doctor for an authorised mental health service (rural and remote)
and is the only authorised doctor reasonably available to make the assessment.
(4) For subsection (1) (b) , the authorised doctor must take reasonable steps
to find out whether there is a less restrictive way for the person to receive
treatment and care for the person’s mental illness, including, for example,
by searching the person’s health records to find out whether the person has
made an advance health directive or has a personal guardian.
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