Mental Health Act 2014

This section applies if —

a further opinion about the treatment being provided to a patient has been obtained under section 182; and

a person in relation to whom that provision applies requests that the patient’s psychiatrist or the Chief Psychiatrist obtain an additional opinion under that provision about the treatment being provided to the patient.

The patient’s psychiatrist or the Chief Psychiatrist may refuse to comply with the request if satisfied that, having regard to the guidelines published under section 547(1)(d) for that purpose, the additional opinion is not warranted.

The patient’s psychiatrist must, as soon as practicable after deciding under subsection (2) not to comply with the request —

file a record of the decision and the reasons for it; and

give a copy to each of these people —

the patient;

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

the Chief Psychiatrist.

The Chief Psychiatrist must, as soon as practicable after receiving a copy of the record from the patient’s psychiatrist —

confirm or refuse to confirm the decision of the patient’s psychiatrist; and

record the confirmation or refusal and the reasons for it; and

give a copy of the record to each of these people —

the patient;

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

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

The Chief Psychiatrist must, as soon as practicable after deciding under subsection (2) not to comply with the request —

file a record of the decision and the reasons for it; and

give a copy of the record to each of these people —

the patient;

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

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