32JNotice to public advocate—long-term treatment

32J Notice to public advocate—long-term treatment (a) consent to medical treatment for a protected person, or to the protected person participating in low-risk research, has been given under this part (other than medical treatment involving treatment, care or support under the Mental Health (Treatment and Care) Act 1994); and (b) the protected person continues to be given medical treatment, or continues to participate in the research, in accordance with the consent 6 months after the consent was given. (2) The health professional who is giving the medical treatment, or carrying out the research, must tell the public advocate of the matters mentioned in subsection (1). 32JA Notice and duration of consent—mental health treatment, care or support (1) This section applies if consent has been given under this part for medical treatment for a protected person that involves treatment, care or support under the Mental Health Act 2015.

(2) A health professional who is giving the treatment, care or support must within 7 days after the consent is given— (a) tell the public advocate in writing that treatment, care or support is being given to the protected person in accordance with the consent; and (b) give the public advocate a copy of the plan for the proposed treatment, care or support. (3) The health professional may rely on the consent for 21 days after it is given (the initial consent period). (4) If treatment, care or support in accordance with the consent is likely to be required for longer than the initial consent period, the health professional must, before the end of that period— (a) apply to the ACAT for approval to continue providing treatment, care or support in accordance with the consent; and (b) unless the health professional believes on reasonable grounds that someone else has applied to the ACAT for an order appointing a guardian for the person—apply to the ACAT under part 2 for an order appointing a guardian for the person. (5) The ACAT may give approval for the health professional to continue to provide treatment, care or support in accordance with the consent for a stated period of not longer than 8 weeks after the end of the initial consent period. (6) The ACAT must tell the public advocate of any approval given under subsection (5). 32JB Interested person may apply to ACAT for review of health attorney’s decision An interested person for a protected person may apply to the ACAT for review of the decision of the health attorney to consent, or refuse to consent, to the protected person participating in low-risk research under section 32D.