4Application to be supported by report

4 Application to be supported by report

[Regulation 4 Substituted by S.R. 2024, No. 39, Applied:01 Sep 2024]

(1)  An application to the Tribunal under the Act in respect of a person, other than an application made under section 44 , is to be supported by a report from a health practitioner or other person with relevant qualifications and expertise to conduct an assessment of a person’s decision-making ability –

(a) detailing, in accordance with Part 2 of the Act, the impairment to the decision-making ability of the person in respect of whom the application is made; and

(b) stating the opinion of the health practitioner or other person conducting the assessment as to whether the impairment to the person’s decision-making ability affects the ability of the person to make decisions in respect of one or more of the following:

(i) personal matters;

(ii) financial matters; and

(c) providing details of reasonable steps taken to provide practicable and appropriate support to enable the person to make or communicate decisions in relation to matters specified in subregulation (1)(b) .

(2)  Subregulation (1) does not apply to a request under section 58 of the Act.

(3)  An application for the purpose of section 44 of the Act is to be supported by a report from a registered health practitioner detailing the following prescribed information:

(a) the condition requiring treatment;

(b) the nature of the proposed treatment;

(c) the date, time and place of the proposed treatment, if known;

(d) the impairment to the decision-making ability of the person in respect of whom the application is made;

(e) how the impairment affects the capacity of the person to give consent to the proposed treatment;