MENTAL HEALTH ACT 2009 - SECT 47

MENTAL HEALTH ACT 2009 - SECT 47

47—Patients' right to be supported by guardian etc

        (1)         A patient is entitled to have another person's support, wherever practicable, in—

            (a)         the exercise of a right under this Act; or

            (b)         any communications between the patient and a medical practitioner examining or treating the patient or between the patient and the director or staff of a treatment centre in which the patient is an inpatient.

        (2)         The support may be provided by—

            (a)         if the patient is a child—a parent or guardian of the patient; or

            (b)         a guardian, medical agent, relative, carer or friend of the patient who has been nominated by the patient for the purpose or who has or is assuming responsibility for the care of the patient; or

            (c)         a person who provides advocacy services whether on a professional or voluntary basis; or

            (d)         a community visitor.

        (3)         A person providing support to a patient under this section must be allowed access to the patient subject to reasonable limits imposed by the medical practitioner in charge of the patient's treatment or by the director or staff of a treatment centre in which the patient is an inpatient.

        (4)         However, a person providing support to a patient may be allowed to be present during a medical examination or treatment of the patient or may be excluded according to the discretion of the medical practitioner performing or supervising the examination or treatment.

        (5)         This section is in addition to and does not derogate from the operation of section 4 (which entitles a parent or guardian of a child under 16 years of age to exercise rights conferred under this Act on behalf of the child).