Nominated person
24 Nominated person
At any time after a person is admitted to a treatment centre under a detention and treatment order, the person may nominate another person to protect his or her interests.
A nomination under subsection (1)—
must be in writing and given to the senior clinician or the manager of the treatment centre; and
may be revoked, in writing, at any time; and
remains in force until the detention and treatment order expires unless it is sooner revoked.
If the person's nomination is refused by the person who is nominated—
the senior clinician or the manager of the treatment centre must inform the person of the refusal; and
the nomination has no further effect.
The senior clinician or the manager of the treatment centre is not required to give effect to the person's nomination if he or she reasonably believes that—
to do so may put the health or safety of the person, or anyone else, at serious risk; or
the person was incapable of making the nomination.
If the senior clinician or the manager of the treatment centre refuses to give effect to the person's nomination, he or she must inform the person of the refusal and give the reasons for the refusal.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.