153Matters common to clinical guidelines and standing orders

153 Matters common to clinical guidelines and standing orders

(1)  Clinical guidelines and standing orders –

(a) are to be written in plain language with a minimum of technical and professional jargon; and

(b) are to be as brief as possible consistent with their intended application; and

(c) are to clearly state which legislative provisions they relate to; and

(d) are to follow a standard style and format; and

(e) may be made so as to apply differently according to such matters, limitations or restrictions, whether as to time, location, circumstance or otherwise, as are specified in them; and

(f) [Section 153 Subsection (1) amended by No. 4 of 2023, s. 143, Applied:25 Sep 2023] may confer responsibilities and discretionary responsibilities on persons (including the Chief Psychiatrist) and provide for the delegation of those responsibilities; and

(g) may not purport to impose fines or other penalties for any failure to comply with them; and

(h) may not contain provisions that are repugnant to the other provisions of this or any other Act; and

(i) may not purport to authorise anyone to disregard or act contrary to a judicial order or an order of a tribunal.

(2)  In the event that the provisions of any clinical guidelines or standing orders are inconsistent with the provisions of any Act, the provisions of the Act always prevail.

(3)  [Section 153 Subsection (3) amended by No. 4 of 2023, s. 143, Applied:25 Sep 2023] [Section 153 Subsection (3) amended by No. 4 of 2023, s. 143, Applied:25 Sep 2023] To avoid overlap, ambiguity or inconsistency, the Chief Psychiatrist is to liaise with the Tribunal when drafting any clinical guidelines or standing orders.

(4)  [Section 153 Subsection (4) amended by No. 4 of 2023, s. 143, Applied:25 Sep 2023] Clinical guidelines and standing orders are to be published, in the manner the Chief Psychiatrist considers necessary or desirable having regard to their intended application.