Mental Health Act 2016
sec.56Review of treatment authority if not made by psychiatrist
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sec.56 Review of treatment authority if not made by psychiatrist
This section applies if a treatment authority is made by an authorised doctor who is not a psychiatrist. An authorised psychiatrist must review the treatment authority and decide whether— to confirm the treatment authority, with or without amendment; or to revoke the treatment authority. The review must happen— within 3 days (the review period ) after the treatment authority is made; or if the person subject to the treatment authority is a patient of an authorised mental health service (rural and remote) and it is not reasonably practicable to complete the review within 3 days—within 7 days (also the review period ) after the treatment authority is made. An authorised doctor may give the person subject to the treatment authority a written notice directing the person to attend for the review at a stated authorised mental health service or public sector health service facility on a stated day within the review period. See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under subsection (4) . The person subject to the treatment authority may be detained for the review in the stated service or facility for a period of not more than 6 hours starting when the person attends for the review at the service or facility. A review of a treatment authority does not affect the operation of the treatment authority before a decision is made to confirm or revoke it under subsection (2) . s 56 amd 2017 No. 3 s 8 (sec.56-ssec.1) This section applies if a treatment authority is made by an authorised doctor who is not a psychiatrist. (sec.56-ssec.2) An authorised psychiatrist must review the treatment authority and decide whether— to confirm the treatment authority, with or without amendment; or to revoke the treatment authority. (sec.56-ssec.3) The review must happen— within 3 days (the review period ) after the treatment authority is made; or if the person subject to the treatment authority is a patient of an authorised mental health service (rural and remote) and it is not reasonably practicable to complete the review within 3 days—within 7 days (also the review period ) after the treatment authority is made. (sec.56-ssec.4) An authorised doctor may give the person subject to the treatment authority a written notice directing the person to attend for the review at a stated authorised mental health service or public sector health service facility on a stated day within the review period. See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under subsection (4) . (sec.56-ssec.5) The person subject to the treatment authority may be detained for the review in the stated service or facility for a period of not more than 6 hours starting when the person attends for the review at the service or facility. (sec.56-ssec.6) A review of a treatment authority does not affect the operation of the treatment authority before a decision is made to confirm or revoke it under subsection (2) .