What amounts to separate assessment by a medical practitioner.
Quick Take
1Under s 37(4)(a) of the Mental Health Act 2013 (Tas), 'separately' means 'independently from one another' such that neither medical practitioner influences the other's assessment, following S v Mental Health Tribunal [2016] TASSC 34.
2Where one medical practitioner acts as note-taker during another practitioner's assessment and then conducts their own assessment as the applicant, the assessments cannot be said to have occurred 'separately' because the applicant was directly exposed to the other practitioner's reasoning and conclusions, creating an inevitable risk of influence.
3Failure to satisfy the s 37(4)(a) requirement of separate assessments is jurisdictional: under s 39(1)(b), the Tribunal may only make a Treatment Order if satisfied the requirements of s 37 have been met, and non-compliance invalidates the application.
