Mental Health (Compulsory Assessment and Treatment) Act 1992

12 Certificate of further assessment

• (1) Before the expiry of the first period of assessment and treatment, the responsible clinician shall record his or her findings in a certificate of further assessment, stating—

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

  • (b) that, in his or her opinion,—

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

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

  (2) The responsible clinician shall send to the Director of Area Mental Health Services—

  • (a) a copy of the certificate of further assessment; and

  • (b) full particulars of the reasons for his or her opinion of the 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 13(1).

  (3) If the responsible clinician is of the opinion that the patient is not mentally disordered, that clinician shall direct that the patient be released from compulsory status forthwith (but without prejudice to the making of a further application under section 8A in respect of the patient at some time in the future).

  (4) If the responsible clinician considers that there remain reasonable grounds for believing that the patient is mentally disordered and that it is desirable that the patient be required to undergo further assessment and treatment, that clinician shall deal with the case in accordance with the succeeding provisions of this section and section 13.

  (5) If the responsible clinician's finding is of the kind described in subsection (1)(b)(ii), that clinician shall forthwith give or send a copy of the certificate of further assessment to each of the following:

  • (a) the patient:

  • (b) any welfare guardian of the patient:

  • (c) the applicant for assessment:

  • (d) the patient's principal caregiver:

  • (e) the medical practitioner who usually attended the patient immediately before the patient was required to undergo assessment and treatment under this Part:

  • (f) a district inspector:

  • (g) an official visitor.

  (6) To each of the persons specified in paragraphs (a) to (e) of subsection (5), the responsible clinician shall also give or send a statement of the legal consequences of the finding set out in the certificate of further assessment, and of the recipient's right to apply to the court for a review of the patient's condition.

  (7) Any person specified in paragraphs (a) to (e) of subsection (5) may, on receiving a copy of the certificate of further assessment, apply to the court to have the patient's condition reviewed under section 16.

  (8) The district inspector who receives a copy of the certificate of further assessment shall, subject to subsection (11), after talking to the patient and ascertaining the patient's wishes in the matter (where that can be done), consider whether or not an application should be made to have the patient's condition reviewed under section 16.

  (9) If the district inspector considers that such an application should be made, the district inspector shall take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any person specified in paragraphs (b) to (e) of subsection (5), to make such an application.

  (10) If, in any case to which subsection (8) applies, the district inspector considers that an application should be made to have the patient's condition reviewed under section 16, but neither the patient nor any person specified in paragraphs (b) to (e) of subsection (5) intends to make such an application, the district inspector may report the matter to the court; and, in such a case, a Judge may, of his or her own motion, review the patient's condition under section 16 as if an appropriate application for such a review had been made to the court.

  (11) Instead of performing personally the functions specified in subsections (8) to (10), the district inspector may in any particular case arrange for an official visitor to perform them.

  (12) Notwithstanding any of the foregoing provisions of this section, at any time during the second period, the patient, or any person specified in paragraphs (b) to (e) of subsection (5), may apply to the court to have the patient's condition reviewed under section 16.

  Section 12(3): amended, on 1 April 2000, by section 76 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 12(12): amended, on 1 April 2000, by section 12 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).