35Discharge of assessment order by medical practitioner or Tribunal

35 Discharge of assessment order by medical practitioner or Tribunal

(1)  An assessment order may be discharged at any time for sufficient cause by –

(a) the medical practitioner who made it; or

(b) any approved medical practitioner; or

(c) the Tribunal under section 180 .

(2)  [Section 35 Subsection (2) amended by No. 4 of 2023, s. 63, Applied:25 Sep 2023] [Section 35 Subsection (2) amended by No. 59 of 2016, s. 16, Applied:01 Jul 2017] A medical practitioner has sufficient cause to discharge an assessment order if he or she is satisfied, after assessing the patient or on other reasonable grounds, that the patient does not meet the assessment criteria.

(3)  [Section 35 Subsection (3) amended by No. 4 of 2023, s. 63, Applied:25 Sep 2023] In the case of a medical practitioner, the discharge is to be effected by means of a signed instrument in writing in an approved form (the discharge paper).

(4)  A medical practitioner who discharges an assessment order is to –

(a) give a copy of the discharge paper to –

(i) the patient; and

(ii) [Section 35 Subsection (4) amended by No. 4 of 2023, s. 63, Applied:25 Sep 2023] the Chief Psychiatrist; and

(iii) the Tribunal; and

(iv) if the relevant independent assessment has not been done, the approved medical practitioner who was expected to do the assessment or, if applicable, the controlling authority of the approved facility where the assessment was to have been done; and

(b) place a copy of the discharge paper on the patient's clinical record.

Note