13Formal assessment of decision-making ability

### 13 Formal assessment of decision-making ability > [*\[Section 13 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS119@EN) > > > (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.