Mental Health Act 2016
sec.294Functions
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sec.294 Functions
The functions of an independent patient rights adviser are to— ensure that a patient, and the patient’s nominated support persons, family, carers and other support persons are advised of their rights and responsibilities under this Act; and help the patient, and the patient’s nominated support persons, family, carers and other support persons to communicate to health practitioners the patient’s views, wishes and preferences about the patient’s treatment and care; and work cooperatively with community visitors performing functions under the Public Guardian Act 2014 ; and consult with authorised mental health practitioners, authorised doctors, administrators of authorised mental health services, and the chief psychiatrist on the rights of patients under this Act, the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 and other laws; and in relation to tribunal hearings— advise the patient, and the patient’s nominated support persons, family, carers and other support persons of the patient’s rights at the hearings; and if requested, help the patient engage a representative for the hearings; and identify whether the patient has a personal guardian or attorney and, if the patient has a personal guardian or attorney, work cooperatively with the personal guardian or attorney to further the patient’s interests; and if appropriate, advise the patient of the benefits of an advance health directive or enduring power of attorney for a personal matter.
- (a) ensure that a patient, and the patient’s nominated support persons, family, carers and other support persons are advised of their rights and responsibilities under this Act; and
- (b) help the patient, and the patient’s nominated support persons, family, carers and other support persons to communicate to health practitioners the patient’s views, wishes and preferences about the patient’s treatment and care; and
- (c) work cooperatively with community visitors performing functions under the Public Guardian Act 2014 ; and
- (d) consult with authorised mental health practitioners, authorised doctors, administrators of authorised mental health services, and the chief psychiatrist on the rights of patients under this Act, the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 and other laws; and
- (e) in relation to tribunal hearings— (i) advise the patient, and the patient’s nominated support persons, family, carers and other support persons of the patient’s rights at the hearings; and (ii) if requested, help the patient engage a representative for the hearings; and
- (i) advise the patient, and the patient’s nominated support persons, family, carers and other support persons of the patient’s rights at the hearings; and
- (ii) if requested, help the patient engage a representative for the hearings; and