Request for consent to case management
22BO Request for consent to case management
S. 22BN inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 26.
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S. 22BO inserted by No. 47/2021 s. 6.
S. 22BO(1) substituted by No. 9/2025 s. 27(1).
Before developing a voluntary case management plan under section 22BRA, the Secretary must ask the prospective participant to give informed consent, in writing, to case management.
S. 22BO(2) substituted by No. 9/2025 s. 27(2).
If the prospective participant is under 18 years of age and in the Secretary's professional judgement cannot give informed consent, the Secretary must also ask a parent or guardian to give informed consent, in writing, to case management.
S. 22BO(2A) inserted by No. 9/2025 s. 27(3).
For the purposes of subsection (2), a prospective participant cannot give informed consent if the prospective participant cannot—
understand the information relevant to the decision to give consent and the effect of the decision to give consent; or
retain that information to the extent necessary to make the decision to give consent; or
use or weigh that information as part of the process of making the decision to give consent; or
communicate the decision to give consent and the person's views and needs relating to the decision, in some way, whether by speech, gestures or other means.
A person gives informed consent to case management if they give that consent after the Secretary informs them, in language they are likely to understand—
that there is no requirement to become a participant; and
S. 22BO(3)(b) substituted by No. 9/2025 s. 27(4).
what a voluntary case management plan may require or permit the prospective participant to do if they become a participant; and
what is permitted under Division 6 in relation to information about the prospective participant if they become a participant; and
the purposes for which those things are permitted; and
the ability of, and process for, the person to withdraw consent at any time; and
S. 22BO(3)(f) amended by No. 9/2025 s. 27(5).
the consequences (if any) for the prospective participant if, having become a participant, consent is withdrawn or they cease to comply with the plan.
S. 22BO(3)(g) repealed by No. 9/2025 s. 27(6).
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S. 22BO(4) repealed by No. 9/2025 s. 27(7).
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The Secretary may make multiple requests that a person give informed consent, including after such a request has been refused.
If—
S. 22BO(6)(a) amended by No. 9/2025 s. 27(8).
the prospective participant is under 18 years of age; and
one of the prospective participant's parents or guardians is asked, under subsection (2), to give informed consent; and
the parent or guardian refuses that request—
the Secretary may make a request under subsection (2) to another of the prospective participant's parents or guardians.
S. 22BO(7) amended by No. 9/2025 s. 27(9).
However, the Secretary must not make a request for informed consent in respect of a prospective participant more than 90 days after the first request is made in respect of that participant.
This Act’s bill:Second reading speech
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