Mental Health Act 2014

This section applies in relation to any of these people —

the patient, whether or not the patient has the capacity to give informed consent to the treatment being provided to him or her were that consent required;

if the patient does not have that capacity — the person who is authorised by law to give that consent on the patient’s behalf were that consent required;

if the patient has a nominated person — the nominated person;

if the person has a carer — the carer;

if the person has a close family member — the close family member.

A person to whom this section applies who is dissatisfied with the treatment being provided to the patient may request orally or in writing the patient’s psychiatrist or the Chief Psychiatrist to obtain the opinion (a further opinion) of a psychiatrist who is not the patient’s psychiatrist about whether it is appropriate to provide the treatment to the patient.

The patient’s psychiatrist or the Chief Psychiatrist must file a record of an oral request or a written request.

The patient’s psychiatrist or the Chief Psychiatrist must obtain the further opinion as soon as practicable after receiving the request unless —

if a person referred to in subsection (1)(b) to (e) requests the further opinion — the patient objects to the further opinion being obtained; or

under section 183 —

the patient’s psychiatrist or the Chief Psychiatrist decides not to comply with the request; and

if the patient’s psychiatrist decides not to comply with the request — the Chief Psychiatrist confirms that decision.

In obtaining the further opinion, the patient’s psychiatrist or the Chief Psychiatrist must have regard to the guidelines published under section 547(1)(c) about the independence of psychiatrists from whom further opinions are obtained.

A psychiatrist cannot give a further opinion without examining the patient in accordance with Part 6 Division 3 Subdivision 6.

The further opinion must be given in writing and may include recommendations about the provision of treatment to the patient.

The patient’s psychiatrist must, as soon as practicable after obtaining the further opinion —

file the opinion and give a copy to the patient; and

if the opinion was requested by a person other than the patient — give a copy to that other person.

The Chief Psychiatrist must, as soon as practicable after obtaining the further opinion, give a copy to each of these people —

the patient’s psychiatrist, who must file the copy as soon as practicable;

the patient;

if the opinion was requested by a person other than the patient — that other person.

In providing treatment to the patient, the patient’s psychiatrist must have regard to any further opinion relating to the provision of that treatment that is obtained under this section, including any recommendations included in the opinion under subsection (7).