147Power of direct intervention

147 Power of direct intervention

(1)  [Section 147 Subsection (1) amended by No. 4 of 2023, s. 137, Applied:25 Sep 2023] The Chief Psychiatrist has, in prescribed matters within his or her jurisdiction, the power to intervene directly with regard to the assessment, treatment and care of any patient.

Note

[Section 147 Subsection (1) amended by No. 4 of 2023, Applied:25 Sep 2023] The exercise of the Chief Psychiatrist's power of intervention is reviewable by the Tribunal– see Division 2 of Part 3 of Chapter 3 .

(2)  The power of intervention is exercisable –

(a) on the Chief Psychiatrist's own motion; or

(b) at the request of the patient; or

(c) at the request of any person who, in the opinion of the Chief Psychiatrist, has a proper interest in the patient's health, safety or welfare.

(3)  However, the power of intervention is only exercisable if the Chief Psychiatrist –

(a) has made inquiries into the relevant prescribed matter; and

(b) is satisfied from those inquiries that intervention is essential to the patient's health, safety or welfare.

(4)  The power of intervention is exercisable by giving any person responsible for the treatment and care of the patient, as regards the relevant prescribed matter, a notice to do one or more of the following:

(a) discontinue or alter a particular practice, procedure or treatment in respect of the patient;

(b) observe or carry out a particular practice, procedure or treatment in respect of the patient.

(5)  The Chief Psychiatrist, by the same or a different notice, may also do either or both of the following:

(a) issue consequential directions for the future assessment, treatment or care of the patient;