MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 50A Notification of revocation of community management order

MENTAL HEALTH AND RELATED SERVICES ACT 1998 - SECT 50A

    (1)     No later than one day after revoking a community management order for a person under section 50(3), an authorised psychiatric practitioner must:

        (a)     notify the Tribunal that the order has been revoked; and

        (b)     notify the following:

            (i)     the person;

            (ii)     the person's adult guardian;

        (iia)     if the person has a decision maker – the decision maker;

            (iii)     a legal practitioner acting or prepared to act for the person;

            (iv)     subject to subsection (2) – the person's primary carer;

            (v)     the principal community visitor.

    (2)     The practitioner may decide not to notify the person's primary carer if the practitioner is of the opinion that giving the notification is not in the person's best interests.

    (3)     If the practitioner decides not to notify the primary carer because of subsection (2), the practitioner must:

        (a)     give to the Tribunal a written report of the decision and the reason for it in the approved form; and

        (b)     inform the primary carer of his or her right to apply to the Tribunal for a review of the decision.

    (4)     A notification under subsection (1)(b) must state the order has been revoked under section 50(3).

    (5)     The notification may be given orally or in writing but must be in a language that can be understood by the receiver of the notification.

    (6)     The practitioner must make a record of each of the following in accordance with approved procedures:

        (a)     a notification under subsection (1);

        (b)     a decision under subsection (2) not to notify the primary carer and the reasons for it.