Mental Health (Compulsory Assessment and Treatment) Act 1992

9 Assessment examination to be arranged and conducted

(1)

When the Director of Area Mental Health Services or a duly authorised officer receives notice of an application made under section 8A from the health practitioner who issued the certificate accompanying that application, the Director of Area Mental Health Services must make the necessary arrangements for the proposed patient to immediately undergo an assessment examination.

(1A)

Notice of an application made under section 8A may be given by any means, including by telephone.

(2)

The arrangements required by subsection (1) shall include the following:

(a)

nominating, in accordance with subsection (3), the person by whom the assessment examination is to be conducted:

(b)

determining, in consultation with the person by whom the assessment examination is to be conducted, the time and place at which it is to be conducted:

(c)

giving to the proposed patient a written notice—

(i)

requiring the proposed patient to attend at the specified place and time for the purposes of the assessment examination; and

(ii)

explaining the purpose of the assessment examination; and

(iii)

stating the name of the person who is to conduct the assessment examination:

(d)

ensuring that the purpose of the assessment examination and the requirements of the notice given under paragraph (c) are explained to the proposed patient in the presence of a member of the proposed patient’s family, or a caregiver in relation to the proposed patient or other person concerned with the welfare of the proposed patient:

(e)

ensuring, where necessary, that appropriate arrangements are made to convey the proposed patient at the required time to the place where the assessment examination is to be conducted, and, where it is necessary or desirable that the proposed patient be accompanied on the journey, ensuring that an appropriate person is available to do so.

(3)

An assessment examination must be conducted by a health practitioner who is—

(a)

a psychiatrist approved by the Director of Area Mental Health Services for the purposes of the assessment examination, or of assessment examinations generally; or

(b)

if no such psychiatrist is reasonably available, a medical practitioner or nurse practitioner (not being a medical practitioner or nurse practitioner who issued the certificate under section 8B(4)(b)) who, in the opinion of the Director of Mental Health, is suitably qualified to conduct the assessment examination or assessment examinations generally.

(4)

The Director of Mental Health may delegate his or her function under subsection (3)(b) to the Director of Area Mental Health Services.

Section 9(1): replaced, on 31 January 2018, by section 8(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 9(1A): inserted, on 31 January 2018, by section 8(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 9(2)(e): amended, on 1 April 2000, by section 9(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

Section 9(3): replaced, on 31 January 2018, by section 8(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).

Section 9(4): replaced, on 31 January 2018, by section 8(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79).