Mental Health Act 2016

The chief psychiatrist must make a policy about each of the following—

the application of the treatment criteria to patients and less restrictive ways for patients to receive treatment and care for their mental illness, including ways of assessing the capacity of patients to consent to being treated and whether the capacity is stable;

the way in which records for patients are to be kept;

the management of complaints by patients and their nominated support persons, family, carers and other support persons in relation to the treatment and care of patients;

the way in which patients and interested persons for patients may request the administrator of an authorised mental health service to obtain a second opinion about the treatment and care of the patient;

the treatment and care of forensic patients and the assessment and management of risks relating to forensic patients receiving treatment in the community;

without limiting paragraph (e), the treatment and care of forensic patients whose forensic order was made on a reference in relation to a prescribed offence allegedly committed by the person, and the assessment and management of risks relating to those forensic patients receiving treatment in the community;

the treatment and care of persons subject to treatment support orders;

the minimisation of the risk of patients absconding and processes to be followed in returning patients who have absconded;

the competencies necessary for a person to be an authorised doctor or authorised mental health practitioner.

Also, the chief psychiatrist may make a policy or practice guideline relating to the administration of this Act, including, for example, about the following—

the examination and assessment of persons under this Act;

the treatment and care of patients in authorised mental health services, other than forensic patients or patients subject to treatment support orders;

the performance of functions, or exercise of powers, by administrators of authorised mental health services, authorised doctors or authorised mental health practitioners;

the administration of authorised mental health services, including safety and security;

the preparation of psychiatrist reports and second psychiatrist reports;

the way in which the tribunal is to be supported in performing its functions, including, for example, providing facilities for proceedings;

the authorisation of treatment in the community;

supporting the rights of patients and their nominated support persons, family, carers and other support persons, including the ways in which information is to be communicated to the patients and their support persons;

the appointment and functions of independent patient rights advisers;

the support of victims of unlawful acts, close relatives of the victims, and other persons affected by unlawful acts;

the way in which the chief psychiatrist is to be notified of matters under this Act;

the information to be recorded or given to the chief psychiatrist about—

the treatment and care of patients under this Act; and

critical incidents relating to patients, including the death of a patient.

An authorised doctor, authorised mental health practitioner, administrator of an authorised mental health service, or other person performing a function or exercising a power under this Act must comply with a policy or practice guideline.

If a policy or practice guideline is inconsistent with this Act, the policy or practice guideline is invalid to the extent of the inconsistency.