Mental Health Act 2016
sec.40Notice of making
Start here
Get a plain-English read of sec.40
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2016.
sec.40 Notice of making
As soon as practicable after deciding to make the recommendation for assessment, the doctor or authorised mental health practitioner must— tell the person of the decision; and explain to the person the effect of the recommendation; and give the person a copy of the recommendation, if requested. Subsection (1) (c) does not apply if the doctor or authorised mental health practitioner considers giving the person a copy may adversely affect the health and wellbeing of the person. Also, the doctor or authorised mental health practitioner must give a copy of the recommendation to the person’s nominated support persons, personal guardian or attorney, if requested. (sec.40-ssec.1) As soon as practicable after deciding to make the recommendation for assessment, the doctor or authorised mental health practitioner must— tell the person of the decision; and explain to the person the effect of the recommendation; and give the person a copy of the recommendation, if requested. (sec.40-ssec.2) Subsection (1) (c) does not apply if the doctor or authorised mental health practitioner considers giving the person a copy may adversely affect the health and wellbeing of the person. (sec.40-ssec.3) Also, the doctor or authorised mental health practitioner must give a copy of the recommendation to the person’s nominated support persons, personal guardian or attorney, if requested.
- (a) tell the person of the decision; and
- (b) explain to the person the effect of the recommendation; and
- (c) give the person a copy of the recommendation, if requested.