MENTAL HEALTH ACT 2016 - SECT 408
Administrator may refuse to allow person to visit patient
MENTAL HEALTH ACT 2016 - SECT 408
Administrator may refuse to allow person to visit patient
408 Administrator may refuse to allow person to visit patient
(1) The
administrator of an authorised mental health service may refuse to allow a
person to visit a patient of the service if the administrator is satisfied the
proposed visit will adversely affect the patient’s treatment and care.
Example for subsection (1)—
The administrator may be satisfied a
patient’s treatment and care will be adversely affected if, on a previous
visit by a person, the patient’s mental state deteriorated.
(2) The
administrator must give the person written notice of the decision.
(3) The
notice must state—
(a) the reasons for the decision; and
(b) that the
person may appeal to the tribunal against the decision within 28 days after
the person receives the notice; and
(c) how the appeal is made.
(4) This
section does not permit the administrator to refuse to allow either of the
following to visit a patient of the service—
(a) a person performing a
function under an Act, including, for example, a community visitor performing
a function under the Public Guardian Act 2014;
(b) a legal representative or
health practitioner requested by the patient to visit.
