329Delegation

329 Delegation

(1) An authorised psychiatrist, by instrument, may delegate any function or power of the authorised psychiatrist to the following persons—

(a) a psychiatrist;

(b) a person to whom limited registration has been granted under section 66 of the Health Practitioner Regulation National Law to enable the person to undertake a period of postgraduate training or supervised practice in psychiatry or to undertake assessment or sit an examination approved by the Medical Board of Australia in relation to psychiatry;

(c) a person to whom limited registration has been granted to enable the person to practise in psychiatry in an area of need under section 67 of the Health Practitioner Regulation National Law.

(2) An authorised psychiatrist, by instrument, may delegate to a registered medical practitioner who is employed or engaged by a designated mental health service the following powers, duties and functions of an authorised psychiatrist relating to assessment orders—

(a) the power to examine a person and extend the duration of an assessment order;

(b) the power to assess a person subject to an assessment order and to make a temporary treatment order;

(c) the power to revoke an assessment order.

(3) A delegation under subsection (2)—

(a) must not be made for a period longer than 12 months; and

(b) may be renewed.

(4) An authorised psychiatrist who has delegated a power, function or duty under subsection (2) must regularly review any exercise of that power, or performance of that function or duty, by the person to whom they were delegated.

Chapter 7—Mental Health Tribunal

Part 7.1—Establishment of the Mental Health Tribunal

330 Establishment of the Mental Health Tribunal

The Mental Health Tribunal is established.

See section 763.