Chief Psychiatrist policies
This page includes information about the following Chief Psychiatrist policies.
These policies are mandatory for all authorised mental health services (AMHSs). An authorised doctor, authorised mental health practitioner, AMHS administrator, or other person performing a function or exercising a power under the Mental Health Act 2016 must comply with these policies.
You can also find additional fact sheets, forms and resources that are available for these policies under the relevant subtopics on this page.
Introduction
The Mental Health Act 2016 promotes the voluntary engagement of people in mental health assessment, treatment and care wherever possible. When this is not possible, involuntary processes in the Mental Health Act 2016 may be applied.
A doctor or authorised mental health practitioner (AMHP) may examine a person to decide if a recommendation for assessment should be made for the person.
The purpose of an assessment under the Mental Health Act 2016 is to decide whether a treatment authority needs to be made to authorise involuntary treatment and care for the person, or if there is a less restrictive way of providing treatment.
Strict criteria and requirements apply to making a recommendation for assessment and undertaking an involuntary assessment.
In emergency situations, police or ambulance officers can make an emergency examination authority (EEA) for a person.
EEAs are made under the Public Health Act 2005.
If a person under an EEA appears to have a mental illness, a recommendation for assessment by a doctor or AMHP may be made for the person.
Find out more about emergency examination authorities or transport powers for police and ambulance officers.
Assessments and recommendations
When examining a person to decide whether a recommendation for assessment should be made for the person, a doctor or AMHP must be satisfied that:
- the treatment criteria may apply to the person, and
- there appears to be no less restrictive way for the person to receive treatment for their mental illness, for example, there is no advance health directive or substitute decision maker available.
Recommendation for assessment
A recommendation for assessment allows a person to be assessed by an authorised doctor to decide whether a treatment authority needs to be made to authorise involuntary treatment and care for the person, or whether there is a less restrictive way of the person receiving treatment.
Wherever possible, mental health assessments and treatment are provided in the community.
Fact sheets, forms and resources
Some of these forms won't open in your browser. If you experience an error, right-click on the hyperlink instead and select 'save link as.' Otherwise, you can change your browser settings to automatically open PDF documents using Adobe Reader.
| Resource | ||
| Form | Recommendation for assessment (PDF 1441 kB) | |
| Form | Revocation of recommendation for assessment (PDF 923 kB) | |
Examination authorities
An examination authority allows a doctor or authorised mental health practitioner (AMHP) to examine a person without the person’s consent.
This is to determine whether a recommendation for assessment should be made.
Where voluntary engagement with a person is unsuccessful, an examination authority may be required to respond to serious concerns about a person’s mental health and wellbeing.
Examination authorities are made by the Mental Health Review Tribunal. An application can be made to the Tribunal when:
- the person has, or may have, a mental illness
- the person does not, or may not, have capacity to consent to treatment
- all reasonable efforts have been made to engage a person in a voluntary examination of their mental health, and
- there is, or may be, a serious risk of harm or worsening mental health.
An application to the Tribunal can be made by:
- the administrator of an AMHS
- a person authorised in writing by an AMHS administrator such as a clinical director, authorised doctor or AMHP
- a concerned person such as a family member, friend, colleague, or other member of the community who has concerns about the person.
If a concerned person wishes to make an application they'll need a written statement from a doctor, such as a GP, or AMHP supporting the need for the application.
If an examination authority is issued by the Tribunal, an AMHS is responsible for carrying out the examination within 7 days. An examination may occur in the person’s home or the person may be transferred to an AMHS.
Read the Examination authorities policy to learn more.
Fact sheets, forms and resources
Learn more about examination authorities or get the application form for examination authorities on the Mental Health Review Tribunal website.
Judicial orders, examination orders and court examination orders
A judicial order is an order made by a court which, in some circumstances, authorises the detention of a person in an AMHS.
It generally authorises the examination of a person by an authorised doctor or authorised mental health practitioner (AMHP). Judicial orders do not authorise involuntary treatment.
A judicial order includes the following types of orders.
- Examination order
- Court examination order
- Another order made by a court under the Mental Health Act 2016 requiring or permitting a person to be detained in an AMHS for a particular purpose such as while court proceedings are underway
Read the Judicial Orders - Examination orders, court examination orders and other judicial orders policy to learn more.
Examination orders
An examination order can be made by a Magistrate under the Mental Health Act 2016 if:
- the person is charged with a simple offence
- the Magistrate has concerns about the mental condition of the person.
It authorises an authorised doctor to examine a person without their consent to determine if the person requires treatment and care for a mental illness, and if so whether to:
- make a treatment authority for the person
- make a recommendation for the person’s treatment and care
- change the patient’s treatment and care if the person is already subject to a treatment authority, treatment support order or forensic order.
Fact sheets, forms and resources
Some of these forms won't open in your browser. If you experience an error, right-click on the hyperlink instead and select 'save link as.' Otherwise, you can change your browser settings to automatically open PDF documents using Adobe Reader.
| Resource | ||
| FAQ | Examination orders (PDF 375 kB) | |
| Form | Examination order (PDF 608 kB) | |
| Form | Examination report (PDF 1127 kB) | |
Court examination orders
A court examination order can be made by the Mental Health Court for the examination of a person whose matter has been referred to the court. A court examination order can be made when existing reports don’t adequately address certain matters.
The court may make this order on its own initiative, at the recommendation of an assisting clinician, or following a request by the Director of Public Prosecutions.
A court-nominated psychiatrist or health practitioner provides the report to the court.
The court decides what issues or matters need to be addressed in the court examination order.