sec.35Action before exercising powers

sec.35 Action before exercising powers

Before performing a function or exercising a power under section 32 in relation to a person, a doctor or authorised mental health practitioner must do or make a reasonable attempt to do each of the following— identify himself or herself to the person; tell the person an examination authority has been made; explain to the person, in general terms, the nature and effect of the authority; give the person a copy of the authority, if requested; if the doctor or health practitioner is entering a place—give the person an opportunity to allow the doctor or health practitioner immediate entry to the place without using force. However, the doctor or authorised mental health practitioner need not comply with subsection (1) if the doctor or health practitioner believes on reasonable grounds that not complying with the subsection is required to ensure the execution of the authority is not frustrated. The doctor or authorised mental health practitioner must give a copy of the authority to the person’s nominated support persons, personal guardian or attorney, if requested. (sec.35-ssec.1) Before performing a function or exercising a power under section 32 in relation to a person, a doctor or authorised mental health practitioner must do or make a reasonable attempt to do each of the following— identify himself or herself to the person; tell the person an examination authority has been made; explain to the person, in general terms, the nature and effect of the authority; give the person a copy of the authority, if requested; if the doctor or health practitioner is entering a place—give the person an opportunity to allow the doctor or health practitioner immediate entry to the place without using force. (sec.35-ssec.2) However, the doctor or authorised mental health practitioner need not comply with subsection (1) if the doctor or health practitioner believes on reasonable grounds that not complying with the subsection is required to ensure the execution of the authority is not frustrated. (sec.35-ssec.3) The doctor or authorised mental health practitioner must give a copy of the authority to the person’s nominated support persons, personal guardian or attorney, if requested.

• (a) identify himself or herself to the person;
• (b) tell the person an examination authority has been made;
• (c) explain to the person, in general terms, the nature and effect of the authority;
• (d) give the person a copy of the authority, if requested;
• (e) if the doctor or health practitioner is entering a place—give the person an opportunity to allow the doctor or health practitioner immediate entry to the place without using force.