Mental Health Act 2016
sec.43Making assessment
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sec.43 Making assessment
An authorised doctor may make an assessment of a person subject to a recommendation for assessment to decide— whether the treatment criteria apply to the person; and whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness. The authorised doctor who makes the assessment under subsection (1) must not be the authorised doctor who made the recommendation for assessment for the person. Subsection (2) does not apply if the authorised doctor is an authorised doctor for an authorised mental health service (rural and remote) and is the only authorised doctor reasonably available to make the assessment. For subsection (1) (b) , the authorised doctor must take reasonable steps to find out whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, by searching the person’s health records to find out whether the person has made an advance health directive or has a personal guardian. (sec.43-ssec.1) An authorised doctor may make an assessment of a person subject to a recommendation for assessment to decide— whether the treatment criteria apply to the person; and whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness. (sec.43-ssec.2) The authorised doctor who makes the assessment under subsection (1) must not be the authorised doctor who made the recommendation for assessment for the person. (sec.43-ssec.3) Subsection (2) does not apply if the authorised doctor is an authorised doctor for an authorised mental health service (rural and remote) and is the only authorised doctor reasonably available to make the assessment. (sec.43-ssec.4) For subsection (1) (b) , the authorised doctor must take reasonable steps to find out whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, by searching the person’s health records to find out whether the person has made an advance health directive or has a personal guardian.
- (a) whether the treatment criteria apply to the person; and
- (b) whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.