Page 3913 - Week 12 - Thursday, 30 October 2014

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(d) tell the carer that the carer is entitled to do either or both of the following:

(i) make a submission to the ACAT review of the community care order or restriction order;

(ii) apply to the ACAT to attend the hearing; and

(e) tell the nominated person that the nominated person is entitled to make a submission to the ACAT review of the community care order or restriction order.

Note If a form is approved under s 146A for this provision, the form must be used.

Clause 12

Proposed new section 41AA (3)

Page 83, line 4—

omit proposed new section 41AA (3), substitute

(3) The examination must not be conducted by a doctor who conducted the initial examination of the person under section 40.

Clause 12

Proposed new section 41AA (4)

Page 83, line 8—

insert

(4) However, a thorough examination mentioned in subsection (1) (a) or (b) is not required if the chief psychiatrist is satisfied on reasonable grounds that—

(a) a doctor or psychiatrist recently gave the person such an examination; and

(b) the examination provides sufficient relevant information about the current physical or psychiatric condition of the person.

Clause 16

Proposed new section 42 (2A) and (2B)

Page 84, line 23—

insert

(2A) If a doctor or mental health officer does not give the required information about the detention of a person to at least 1 of the people mentioned in subsection (2) (a) to (e), the doctor or mental health officer must tell the public advocate of that fact.

(2B) The ACAT must, as soon as practicable after ordering under section 41 (3) that a period of detention be extended—

(a) take all reasonable steps to give the required information about the detention to at least 1 of the people mentioned in subsection (2) (a) to (e); and

(b) if the required information is not given to at least 1 of the people mentioned in subsection (2) (a) to (e), tell the public advocate of that fact.

Clause 16

Proposed new section 42 (3)

Page 84, line 26—

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