38Consent for assessment order

38 Consent for assessment order (1) If the ACAT is considering ordering an assessment of a person under section 37 (1) (a), (b) or (c), the ACAT must take reasonable steps to— (a) tell the person in writing that— (i) the ACAT is considering ordering an assessment; and (ii) an assessment may lead to an order for treatment; and (iii) if an order for treatment is made at a later time the person’s rights in relation to treatment will be explained to the person at that time; and (b) find out the person’s opinion in relation to the assessment; and (c) obtain the person’s consent to the assessment. (2) However, subsection (1) does not prevent the ACAT from ordering an assessment without the person’s consent.