40Statement of rights to be given to support persons

40 Statement of rights to be given to support persons

If a statement of rights is given to a person under this Act, the registered medical practitioner, authorised mental health practitioner, authorised psychiatrist or psychiatrist (as the case may be) must take all reasonable steps to ensure that a statement of rights is also given to the following persons—

(a) if the person is a patient, any nominated support person of the patient;

(b) any guardian of the person;

(c) any carer of the person if the carer has been notified of any of the following because it directly affects the carer and the care relationship—

(i) circumstances, an event or a decision that has occurred in relation to the person under this Act;

(ii) an order to which the person has been made subject to under this Act;

(d) any parent of the person, if the person is under 16 years of age;

(e) in the case of an order made by the Mental Health Tribunal for the performance of electroconvulsive treatment on a person who is not a patient—

(i) the person's medical treatment decision maker; and

(ii) the person's support person;

(f) the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order.

Part 2.3—Non-legal mental health advocacy services