70Powers of a psychiatrist giving a second psychiatric opinion

70 Powers of a psychiatrist giving a second psychiatric opinion

A psychiatrist giving a second psychiatric opinion—

(a) may examine the eligible patient; and

(b) may access any health information that is held by the designated mental health service that is treating the eligible patient and is relevant to the treatment of the patient; and

(c) may consult the authorised psychiatrist and any other staff of the designated mental health service about the treatment of the eligible patient; and

(d) in deciding whether to recommend any changes to the treatment and the nature of those changes—

(i) must have regard to the eligible patient's views and preferences about—

(A) treatment; and

(B) any beneficial alternative treatments that are reasonably available; and

(C) the reasons for these views and preferences, including any recovery outcomes that the patient would like to achieve; and

(ii) must have regard to the views and preferences of the eligible patient expressed in their advance statement of preferences; and

(iii) to the extent that is reasonable in the circumstances, must have regard to the following—

S. 70(d)(iii)(A) amended by No. 44/2025 s. 52.

(A) the views and preferences of the eligible patient expressed by the eligible patient's nominated support person;

(B) the views of a guardian of the eligible patient;

(C) the views of a carer of the eligible patient, if the psychiatrist is satisfied that the recommended changes will directly affect the carer and the care relationship;

(D) the views of a parent of the eligible patient, if the eligible patient is under the age of 16 years;

(E) the views of the DFFH Secretary, if that Secretary has parental responsibility for the eligible patient under a relevant child protection order.