Mental Health Act 2016
sec.342Appointment conditions and limit on powers
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sec.342 Appointment conditions and limit on powers
This section applies to each of the following— an authorised doctor appointed under section 338 ; an authorised mental health practitioner appointed under section 340 ; a health practitioner appointed under section 341 to perform particular functions. The person holds office— on any conditions stated in— the person’s instrument of appointment; or a signed notice given to the person; and for an authorised doctor or authorised mental health practitioner—on the condition that the doctor or authorised mental health practitioner continues to have the competencies, stated in a policy, necessary to be an authorised doctor or authorised mental health practitioner. The instrument of appointment or signed notice given to the person may limit the person’s powers. In this section— signed notice , given to a person, means a notice signed by the administrator of the authorised mental health service who appointed the person. (sec.342-ssec.1) This section applies to each of the following— an authorised doctor appointed under section 338 ; an authorised mental health practitioner appointed under section 340 ; a health practitioner appointed under section 341 to perform particular functions. (sec.342-ssec.2) The person holds office— on any conditions stated in— the person’s instrument of appointment; or a signed notice given to the person; and for an authorised doctor or authorised mental health practitioner—on the condition that the doctor or authorised mental health practitioner continues to have the competencies, stated in a policy, necessary to be an authorised doctor or authorised mental health practitioner. (sec.342-ssec.3) The instrument of appointment or signed notice given to the person may limit the person’s powers. (sec.342-ssec.4) In this section— signed notice , given to a person, means a notice signed by the administrator of the authorised mental health service who appointed the person.
- (a) an authorised doctor appointed under section 338 ;
- (b) an authorised mental health practitioner appointed under section 340 ;
- (c) a health practitioner appointed under section 341 to perform particular functions.
- (a) on any conditions stated in— (i) the person’s instrument of appointment; or (ii) a signed notice given to the person; and
- (i) the person’s instrument of appointment; or
- (ii) a signed notice given to the person; and
- (b) for an authorised doctor or authorised mental health practitioner—on the condition that the doctor or authorised mental health practitioner continues to have the competencies, stated in a policy, necessary to be an authorised doctor or authorised mental health practitioner.
- (i) the person’s instrument of appointment; or
- (ii) a signed notice given to the person; and