Mental Health Act 2016

This section applies if any of the following happens (each a notice event)—

for a person in custody who has become a classified patient (involuntary) due to a recommendation for assessment—

the assessment period for the person ends and a treatment authority is not made for the person; and

the person does not become a classified patient (voluntary) under section 79;

for a person in custody who has become a classified patient (involuntary) due to a treatment authority, forensic order (mental health) or treatment support order—

the authority or order is revoked; and

the person does not become a classified patient (voluntary) under section 79;

for a person in custody who has become a classified patient to receive treatment and care for the patient’s mental illness—an authorised doctor is satisfied it is not, or is no longer, clinically appropriate for the person to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service.

Despite subsection (1)(b)(i), this section does not apply if the tribunal—

on revoking the forensic order (mental health), makes either of the following for the person—

a treatment support order under section 450;

a treatment authority under section 451(1)(b); or

on revoking the treatment support order, makes a treatment authority under section 483(1)(b) for the person.

As soon as practicable after the notice event happens, an authorised doctor must give the chief psychiatrist written notice of the notice event.

The notice must—

be in the approved form; and

if the notice is about a notice event mentioned in subsection (1)(c)—state the reasons the authorised doctor is satisfied under that subsection.

For a notice about a notice event mentioned in subsection (1)(a) or (b), the authorised doctor must—

tell the classified patient of the notice; and

explain its effect to the classified patient.