49Discharge of treatment order by medical practitioner or Tribunal

49 Discharge of treatment order by medical practitioner or Tribunal

(1)  A treatment order may be discharged by –

(a) any approved medical practitioner under this section; or

(b) the Tribunal under section 181 .

(2)  An approved medical practitioner must discharge a treatment order if satisfied, after assessing the patient while the order is in effect, that the patient does not meet the treatment criteria.

(3)  However, unless the approved medical practitioner is also the treating medical practitioner, the discharge may only be effected if –

(a) the approved medical practitioner has consulted the treating medical practitioner; and

(b) the treating medical practitioner agrees that the patient does not meet the treatment criteria.

(4)  [Section 49 Subsection (4) amended by No. 59 of 2016, s. 28, Applied:01 Jul 2017] The discharge is to be effected by the approved medical practitioner by means of a signed instrument in writing in a form approved by the President of the Tribunal (the discharge paper).

(5)  On signing the discharge paper, the approved medical practitioner is to –

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

(i) the patient; and

(ii) if applicable, the treating medical practitioner; and

(iii) [Section 49 Subsection (5) amended by No. 4 of 2023, s. 69, Applied:25 Sep 2023] the Chief Psychiatrist; and

(iv) the Tribunal; and

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

Note

For a Tribunal discharge – see Division 2 of Part 3 of .