Mental Health Act 2016
sec.408Administrator may refuse to allow person to visit patient
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sec.408 Administrator may refuse to allow person to visit patient
The administrator of an authorised mental health service may refuse to allow a person to visit a patient of the service if the administrator is satisfied the proposed visit will adversely affect the patient’s treatment and care. The administrator may be satisfied a patient’s treatment and care will be adversely affected if, on a previous visit by a person, the patient’s mental state deteriorated. The administrator must give the person written notice of the decision. The notice must state— the reasons for the decision; and that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and how the appeal is made. This section does not permit the administrator to refuse to allow either of the following to visit a patient of the service— a person performing a function under an Act, including, for example, a community visitor performing a function under the Public Guardian Act 2014 ; a legal representative or health practitioner requested by the patient to visit. (sec.408-ssec.1) The administrator of an authorised mental health service may refuse to allow a person to visit a patient of the service if the administrator is satisfied the proposed visit will adversely affect the patient’s treatment and care. The administrator may be satisfied a patient’s treatment and care will be adversely affected if, on a previous visit by a person, the patient’s mental state deteriorated. (sec.408-ssec.2) The administrator must give the person written notice of the decision. (sec.408-ssec.3) The notice must state— the reasons for the decision; and that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and how the appeal is made. (sec.408-ssec.4) This section does not permit the administrator to refuse to allow either of the following to visit a patient of the service— a person performing a function under an Act, including, for example, a community visitor performing a function under the Public Guardian Act 2014 ; a legal representative or health practitioner requested by the patient to visit.
- (a) the reasons for the decision; and
- (b) that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and
- (c) how the appeal is made.
- (a) a person performing a function under an Act, including, for example, a community visitor performing a function under the Public Guardian Act 2014 ;
- (b) a legal representative or health practitioner requested by the patient to visit.