Mental Health Act 2014

The patient’s psychiatrist must ensure that a medical practitioner, in deciding what treatment will be provided to the patient, has regard to the patient’s wishes in relation to the provision of treatment, to the extent that it is practicable to ascertain those wishes.

The patient’s psychiatrist must ensure that a record of the following is filed —

the patient’s wishes, to the extent they were able to be ascertained by the medical practitioner; and

the things to which the medical practitioner had regard in ascertaining the patient’s wishes; and

if the decision made by the medical practitioner is inconsistent with a treatment decision in an advance health directive, or a term of an enduring power of guardianship, made by the patient — the reasons the decision was made.

The patient’s psychiatrist must ensure that, as soon as practicable, each of these people is given a copy of the reasons referred to in subsection (2)(c) —

the patient;

if the patient has an enduring guardian or guardian — the enduring guardian or guardian;

if the patient has a nominated person — the nominated person unless the nominated person is not entitled, for the reason referred to in section 269(1), to be given a copy;

if the patient has a carer — the carer unless the carer is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy;

if the patient has a close family member — the close family member unless the close family member is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy;

the Chief Psychiatrist;

the Chief Mental Health Advocate.

The patient’s psychiatrist is not required to comply with subsection (3) in relation to a decision made by a medical practitioner if each of the people referred to in subsection (2)(c) has been given a copy of the reasons for an earlier decision made by a medical practitioner that was inconsistent with the same treatment decision in the advance health directive or the same term in the enduring power of guardianship.