sec.138URequest to relevant person for consent to preparation of report about person’s mental health

sec.138U Request to relevant person for consent to preparation of report about person’s mental health

The chief executive may, by notice, ask the relevant person— to consent to a registered health practitioner nominated by the chief executive preparing a report about the relevant person’s mental health; and to be examined by the health practitioner to enable the health practitioner to prepare the report; and to consent to the health practitioner giving the report to the chief executive. The notice must state the following— the reasons for the chief executive’s request; the name and qualifications of the registered health practitioner nominated by the chief executive to examine the relevant person; when and where the examination is to be conducted; that the health practitioner may require the relevant person to undergo further examinations; that the chief executive must bear the cost of the examination (including any further examinations) and preparation of the report; that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability; that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ; that, if the relevant person does not give the consent, or undergo the examination, the chief executive may— if the person has made a disability worker screening application—withdraw the application under section 79 ; or decide whether the person poses an unacceptable risk of harm to people with disability without a report about the person’s mental health. The chief executive must be satisfied the registered health practitioner nominated is appropriately qualified to conduct the examination. s 138U ins 2020 No. 39 s 11 (sec.138U-ssec.1) The chief executive may, by notice, ask the relevant person— to consent to a registered health practitioner nominated by the chief executive preparing a report about the relevant person’s mental health; and to be examined by the health practitioner to enable the health practitioner to prepare the report; and to consent to the health practitioner giving the report to the chief executive. (sec.138U-ssec.2) The notice must state the following— the reasons for the chief executive’s request; the name and qualifications of the registered health practitioner nominated by the chief executive to examine the relevant person; when and where the examination is to be conducted; that the health practitioner may require the relevant person to undergo further examinations; that the chief executive must bear the cost of the examination (including any further examinations) and preparation of the report; that the chief executive may consider the report about the relevant person’s mental health when deciding whether the person poses an unacceptable risk of harm to people with disability; that, if the relevant person has made a disability worker screening application, the person may ask the chief executive to withdraw the application under section 75 ; that, if the relevant person does not give the consent, or undergo the examination, the chief executive may— if the person has made a disability worker screening application—withdraw the application under section 79 ; or decide whether the person poses an unacceptable risk of harm to people with disability without a report about the person’s mental health. (sec.138U-ssec.3) The chief executive must be satisfied the registered health practitioner nominated is appropriately qualified to conduct the examination.