76Review by chief psychiatrist

76 Review by chief psychiatrist

(1) The chief psychiatrist must review the treatment of an eligible patient within 10 business days after receiving an application under section 75(1).

(2) For the purposes of the review, the chief psychiatrist may—

(a) examine the eligible patient; and

(b) access any health information that—

(i) is held by the designated mental health service treating the eligible patient; and

(ii) is relevant to the treatment of the eligible patient; and

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

(3) For the purposes of the review, the designated mental health service must provide the chief psychiatrist with any reasonable assistance the chief psychiatrist requires to conduct the review.

(4) In deciding whether to recommend any changes to the treatment and the nature of those changes, the chief psychiatrist, to the extent that is reasonable in the circumstances, must have regard to—

(a) the eligible patient's views and preferences about—

(i) treatment of their mental illness; and

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

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

(b) the views and preferences of the eligible patient expressed in their advance statement of preferences; and

S. 76(4)(c) amended by No. 44/2025 s. 53.

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

(d) the views of a guardian of the eligible patient; and

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

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

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

(5) The chief psychiatrist, if appropriate in the circumstances, may direct the authorised psychiatrist to change the treatment of the eligible patient.

(6) A direction under subsection (5) is not limited to the recommendations made in any report prepared under section 72.

(7) The chief psychiatrist, as soon as practicable, must ensure that reasonable steps are taken to notify the following in writing of the outcome of a review—