84Consideration of, and guidelines for, the decision making principles for treatment and interventions

84 Consideration of, and guidelines for, the decision making principles for treatment and interventions

(1) A person who has authority to make a decision or exercise a power in respect of the care or treatment of a patient under this Chapter or Chapter 4 must give proper consideration to the decision making principles for treatment and interventions in the making of that decision or exercise of that power.

(2) The chief psychiatrist may prepare guidelines to assist a person who has authority to make a decision or exercise a power in respect of the care or treatment of a patient under this Chapter or Chapter 4 to make decisions in accordance with subsection (1).

(3) Before making guidelines under subsection (2), the chief psychiatrist must consult with—

(a) consumers; and

(b) carers; and

(c) the Mental Health and Wellbeing Commission; and

(d) the mental health and wellbeing workforce; and

(e) any other person or body the chief psychiatrist considers must be consulted.

(4) The chief psychiatrist must ensure that—

(a) designated mental health services are given reasonable notice of any guidelines prepared under subsection (2) before the guidelines come into operation; and

(b) the guidelines are published on the Department's website as soon as practicable after they come into operation.

(5) If a person who has authority to make a decision or exercise a power in respect of the care or treatment of a patient under this Chapter or Chapter 4 makes a decision or exercises a power of that kind in accordance with any relevant guidelines prepared under subsection (2), the person is taken to have given proper consideration to the decision making principles for treatment and interventions.

(6) For the avoidance of doubt, the Mental Health Tribunal is not required to comply with this section.