Nominated person—end of nomination
22 Nominated person—end of nomination
A person who has a nominated person and has decision-making capacity may end the nomination by telling a member of the person’s treating team, orally or in writing, that they do not want the nominated person to continue to perform the functions of a nominated person.
A nominated person may end their nomination by telling a member of the person’s treating team, orally or in writing, that they are not able to continue to perform the functions of a nominated person.
A nomination ended by a person under subsection (1) or (2) ends on—
the day the person tells the member of the treating team; or
if the person tells the member of the treating team in writing that the nomination ends on a later day—the later day.
The chief psychiatrist may end the nomination of a nominated person if—
the chief psychiatrist believes on reasonable grounds that—
the nominated person is not able to continue to perform the functions of a nominated person under section 20 (Nominated person—functions); or
the nominated person no longer satisfies the criteria mentioned in section 19 (2) (Nominated person); or
it is in the best interest of the person who made the nomination that the nomination ends; and
the chief psychiatrist consults with the person who made the nomination about the reasonable grounds for ending the nomination.
If the chief psychiatrist ends a nomination under subsection (4), the chief psychiatrist—
must make a record about the reason for ending the nomination; and
must give written notice of the day that the nomination is to end to the following:
the person who made the nomination;
the nominated person;
a member of the person’s treating team; and
may, if the person who made the nomination has decision‑making capacity, ask the person whether there is someone else who can be nominated; and
must advise the person who made the nomination about advocacy services that may be available to provide assistance to the person.
Examples—par (d)
1 the public advocate
2 ACT Disability, Aged and Carer Advocacy Service
A member of a person’s treating team who is told about a nomination ending under subsection (1), (2) or (4) must ensure that—
information about the nomination ending is entered in the person’s record as soon as practicable; and
the person is told in a way that the person is most likely to understand that the information has been entered in the person’s record; and
the person is given a copy of the information entered in the person’s record.
In this section:
treating team, for a person with a mental disorder or mental illness—see section 24.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.