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MENTAL HEALTH ACT 2016 - SECT 54
When advance health directive not followed
54 When advance health directive not followed
(1) This section applies if— (a) the person has an advance health directive
relating to the person’s future treatment and care for a mental illness; and
(b) either— (i) the authorised doctor decides to make a treatment authority
despite the person having an advance health directive; or
(ii) the nature and
extent of the treatment and care decided by the authorised doctor under
section 53 is inconsistent with the views, wishes and preferences of the
person expressed in the advance health directive.
(2) The authorised doctor
must— (a) explain to the person the reasons why the authorised doctor made
the decision mentioned in subsection (1) (b) ; and
(b) record the reasons in
the person’s health records.
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