Mental Health Act 2016
sec.385Patient may receive and send postal article
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sec.385 Patient may receive and send postal article
A person must not prevent or impede in any way— the delivery, to a patient of an authorised mental health service, of a postal article addressed to the patient; or the sending of a postal article for a patient of an authorised mental health service. Maximum penalty—20 penalty units. Subsection (1) (a) has effect subject to section 386 . A person does not commit an offence against subsection (1) (b) if the addressee of the postal article— is the subject of a non-contact condition of a forensic order or treatment support order to which the patient is subject; or has given written notice to the administrator of the service asking that postal articles addressed by the patient to the addressee be withheld. In this section— non-contact condition , of a forensic order or treatment support order to which a patient is subject, means a condition of the order that requires the patient not to contact a stated person. patient means— an involuntary patient; or a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney. (sec.385-ssec.1) A person must not prevent or impede in any way— the delivery, to a patient of an authorised mental health service, of a postal article addressed to the patient; or the sending of a postal article for a patient of an authorised mental health service. Maximum penalty—20 penalty units. (sec.385-ssec.2) Subsection (1) (a) has effect subject to section 386 . (sec.385-ssec.3) A person does not commit an offence against subsection (1) (b) if the addressee of the postal article— is the subject of a non-contact condition of a forensic order or treatment support order to which the patient is subject; or has given written notice to the administrator of the service asking that postal articles addressed by the patient to the addressee be withheld. (sec.385-ssec.4) In this section— non-contact condition , of a forensic order or treatment support order to which a patient is subject, means a condition of the order that requires the patient not to contact a stated person. patient means— an involuntary patient; or a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.
- (a) the delivery, to a patient of an authorised mental health service, of a postal article addressed to the patient; or
- (b) the sending of a postal article for a patient of an authorised mental health service.
- (a) is the subject of a non-contact condition of a forensic order or treatment support order to which the patient is subject; or