Mental Health and Related Services Act 1998
168BRequirement to ascertain if patient has decision maker
Start here
Get a plain-English read of 168B
Turn the raw legal text into a practical explanation grounded in Mental Health and Related Services Act 1998.
168B Requirement to ascertain if patient has decision maker (1) This section applies if an authorised psychiatric practitioner treating a person who is a patient in an approved treatment facility or who is subject to a community management order is of the opinion that the person has impaired decision-making capacity for matters relating to his or her treatment and care under this Act. (2) The authorised psychiatric practitioner must take reasonable steps to ascertain: (a) whether the patient has made any advance consent decisions that are relevant to his or her treatment under this Act; and (b) whether the patient has a decision maker and, if so, his or her contact details. (3) It is sufficient compliance with subsection (2) if the authorised psychiatric practitioner informs the person-in-charge of the approved treatment facility or approved treatment agency at which the patient is being treated of the practitioner's opinion and that person takes the steps required by subsection (2).