Mental Health (Compulsory Assessment and Treatment) Act 1992

76 Clinical reviews of persons subject to compulsory treatment orders

• (1) The responsible clinician shall conduct a formal review of the condition of every patient, other than a restricted patient, who is subject to a compulsory treatment order or subject to an order under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003—

  • (a) not later than 3 months after the date of the order; and

  • (b) thereafter at intervals of not longer than 6 months.

  (1A) The responsible clinician must ensure that, before each review, a notice is given to the patient requiring him or her to attend at a place specified in the notice for the examination under subsection (2).

  (2) For the purposes of any such review, the responsible clinician shall—

  • (a) examine the patient; and

  • (b) consult with other health professionals involved in the treatment and care of the patient, and take their views into account when assessing the results of his or her review of the patient's condition.

  (3) At the conclusion of any such review, the responsible clinician shall record his or her findings in a certificate of clinical review in the prescribed form, stating—

  • (a) that in his or her opinion the patient is fit to be released from compulsory status; or

  • (b) that in his or her opinion the patient is not fit to be released from that status.

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

  • (a) the certificate of clinical review; 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.

  (5) If the responsible clinician is of the opinion that the patient is fit to be released from compulsory status, the patient shall be released from that status accordingly, and the compulsory treatment order shall be deemed to have been revoked.

  (6) Despite anything in subsection (5), if the responsible clinician is of the opinion that a special patient detained in a hospital following an application made under section 45(2), or subject to an order made under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, is fit to be released from compulsory status, the patient must be dealt with in accordance with section 47(1), and section 47(3) and (5) applies.

  (6A) Despite anything in subsection (5), if a patient or special patient is subject to a compulsory treatment order that was made following an application under section 136(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, he or she must be dealt with in accordance with section 47A.

  (7) If the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status, that officer shall send a copy of the certificate of clinical review to—

  • (a) [Repealed]

  • (b) each of the following persons:

    • (i) the patient:

    • (ii) any welfare guardian of the patient:

    • (iii) the patient's principal caregiver:

    • (iv) the medical practitioner who usually attended the patient immediately before the patient was required to undergo assessment and treatment under Part 1:

    • (v) a district inspector:

    • (vi) an official visitor.

  (8) To each of the persons specified in subparagraphs (i) to (iv) of subsection (7)(b) the responsible clinician shall also send a statement of the legal consequences of the finding set out in the certificate of clinical review, and of the recipient's right to apply to the Review Tribunal for a review of the patient's condition.

  (9) The district inspector who receives a copy of the certificate of clinical review must—

  • (a) communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient's condition. The district inspector must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

  • (b) decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient's condition.

  (10) 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 subparagraphs (ii) to (iv) of subsection (7)(b), to make such an application.

  (11) If, in any case to which subsection (9) applies, the district inspector considers that an application should be made to have the patient's condition reviewed by the Review Tribunal, but neither the patient nor any person specified in subparagraphs (ii) to (iv) of subsection (7)(b) intends to make such an application, the district inspector may report the matter to the Review Tribunal; and, in such a case, the Review Tribunal may, of its own motion, review the patient's condition under section 79 or section 80 as if an appropriate application for such a review had been made to the Review Tribunal.

  (12) Instead of performing personally the functions specified in subsections (9) to (11), the district inspector may in any particular case arrange for an official visitor to perform them.

  Section 76(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 76(1A): inserted, on 1 April 2000, by section 40(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 76(6): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 76(6A): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 76(7)(a): repealed, on 1 April 2000, by section 40(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 76(9): substituted, on 1 April 2000, by section 40(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).