Mental Health (Compulsory Assessment and Treatment) Act 1992

10 Certificate of preliminary assessment

• (1) After completing the assessment examination, the medical practitioner shall record his or her findings in a certificate of preliminary assessment, stating—

  • (a) that he or she has carefully considered the statutory definition of mental disorder and the proposed patient's condition in relation to that definition; and

  • (b) that, in his or her opinion,—

    • (i) the proposed patient is not mentally disordered; or

    • (ii) there are reasonable grounds for believing that the proposed patient is mentally disordered and that it is desirable that the proposed patient be required to undergo further assessment and treatment.

  (2) The medical practitioner shall send to the Director of Area Mental Health Services—

  • (a) the certificate of preliminary assessment; and

  • (b) full particulars of the reasons for his or her opinion of the proposed patient's condition, and any relevant reports from other health professionals involved in the case; and

  • (c) a copy of any notice given to the patient under section 11(1); and

  • (d) the application for assessment made under section 8A, if it is in the possession of the medical practitioner.

  (3) If the medical practitioner is of the opinion that the proposed patient is not mentally disordered, that person is free from further assessment and treatment under this Part (without prejudice to the making of a further application under section 8A in respect of the person at some time in the future).

  (4) Where the medical practitioner considers that there are reasonable grounds for believing that the proposed patient is mentally disordered and that it is desirable that the proposed patient be required to undergo further assessment and treatment, the medical practitioner shall—

  • (a) give or send a copy of the certificate of preliminary assessment to each of the following:

    • (i) the patient:

    • (ii) any welfare guardian of the patient:

    • (iii) the applicant for assessment:

    • (iv) the patient's principal caregiver:

    • (v) the medical practitioner who usually attends the patient; and

  • (b) give or send, to each of the persons specified in paragraph (a), a statement of the legal consequences of the finding set out in the certificate of preliminary assessment, and of the recipient's right to apply to the court for a review of the patient's condition; and

  • (c) otherwise deal with the case in accordance with section 11.

  Section 10(1)(b): substituted, on 1 April 2000, by section 10(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 10(2)(c): amended, on 1 April 2000, by section 10(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 10(2)(d): amended, on 1 April 2000, by section 10(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 10(3): substituted, on 1 April 2000, by section 10(4) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).