13Formal assessment of decision-making ability

13 Formal assessment of decision-making ability

[Section 13 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021]

(1)  If a health practitioner or other person is responsible for conducting an assessment of a person’s decision-making ability for the purposes of a hearing or determination of the Tribunal, that person is to take reasonable steps to –

(a) inform the person whose decision-making ability is being assessed of the nature and purpose of the assessment; and

(b) provide information to the person or the person responsible for that person about the nature of any conclusions made during the assessment and the basis for those conclusions; and

(c) provide the person or the person responsible for that person with an opportunity to ask questions about the findings of the assessment; and

(d) comply with such other requirements in relation to the assessment, if any, as may be prescribed.

(2)  Where the assessment of a person’s decision-making ability is being undertaken for the purposes of an application to the Tribunal under this Act, the person making that application is to take reasonable steps to –

(a) inform the person and the person responsible for that person that an application is being considered; and

(b) identify the matter or matters in relation to which the application is being considered; and

(c) assist the person or the person responsible for that person to identify any less restrictive alternatives to making the application; and

(d) advise the person and the person responsible for that person of the right to seek legal representation or advocacy support; and

(e) provide information about access to legal representation and advocacy support; and

(f) comply with any other prescribed requirements.

(3)  A person must not intentionally or recklessly interfere with, or affect, the assessment of another person’s decision-making ability under this Act.

Penalty:  Fine not exceeding 20 penalty units.