STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 56
STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 56
56 . Mental Health Act 1996
(1) In this
rule —
authorised hospital , community treatment order ,
involuntary patient and supervising psychiatrist have the meanings given to
those terms in the Mental Health Act 2014 section 4.
[(2) deleted]
(3) Despite
rule 31, if a document is required to or may be given to an involuntary
patient who is not the subject of a community treatment order, personal
service is effected by leaving a copy of the document with the person in
charge of the authorised hospital in which the person is detained.
(4) Despite
rule 31, if a document is required to or may be given to an involuntary
patient who is the subject of a community treatment order personal service is
effected —
(a) by
leaving a copy of the document with him or her; or
(b) if
the involuntary patient cannot be found, by leaving a copy of the document
with his or her supervising psychiatrist.
(5) Despite
rule 31, if a document is required to or may be given to an involuntary
patient who is absent on leave of absence and cannot be found, personal
service is effected by leaving a copy of the document with the person in
charge of the authorised hospital in which the person is required to be
detained.
(6) A copy of a
document that must be given to an involuntary patient under the Act, an
enabling Act or these rules must also be given to —
(a) the
patient’s litigation guardian appointed under the Act section 40(2)
(if any); and
(b) the
patient’s guardian ad litem (if any); and
(c) if
an administrator of his or her estate has been appointed under the
Guardianship and Administration Act 1990 , the administrator; and
(d) if
the patient has a guardian appointed under a law of a State or Territory, that
guardian.
[Rule 56 amended: Gazette 12 Feb 2016
p. 384.]