(a) The members of the Board review the contents of the medical files
applicable to the patient and any report prepared in relation to the
patient prior to the commencement of the review.
(b) The Board's preference is for any report provided to it to also
be made available to the patient and/or discussed with the patient prior
to the review. Generally, this both shortens and improves the review
itself.
(c) The patient is entitled to relevant information to be able to respond
to the matters raised by the treating team if he or she wishes to do
so. This information can be provided in writing (by a report) or orally
at the review itself.
(d) If the Board is advised that there are good reasons why some information
should not be provided to the patient (consistent with section 161),
the Board considers those reasons and makes a decision about what information
is made available for the purposes of the review. If any information
is restricted, the Board ensures that the patient has sufficient information
to respond appropriately to the relevant issues, primarily whether or
not the criteria for involuntary status are or continue to be satisfied.
(e) The review commences with introductions and an explanation of the
purpose and process of the review. In most instances the patient and
treating team member will be present from the commencement of the review.
In some circumstances, particularly upon request by the patient, the
patient may present an outline of his or her submissions at the commencement
of the review in the absence of the treating team member.
(f) After the short introductory phase, the treating or supervising
psychiatrist or other member of the treating team provides further comment,
where necessary, on the provided report, the patient's progress and
treatment plan, and the need for continuing involuntary status. Board
members, and/or the patient/ patient's representative may question the
treating team member on issues arising from the report or comments.
Although it is preferable where possible for the psychiatrist to personally
attend the review, the Board accepts that this is not always practical
and therefore accepts that in some instances the necessary information
may be provided by telephone or by other members of the treating team.
(g) The patient is given the opportunity to respond to the issues raised
by the treating team member and may introduce information by calling
other persons. Board members are able to speak with the patient about
his or her views, even if the patient is represented.
(h) Once all relevant information has been provided, final comments
will be sought from the patient or his or her legal representative,
and the member of the treating team. The Board then adjourns.
(i) The Board considers the information available to it and makes a
decision about whether or not the involuntary status should be continued.
(j) The Board then invites the patient back into the review room to
advise him or her of the decision and provide him or her with a copy
of the decision sheet. Where the patient is represented, a copy of the
decision sheet should be provided to the patient's representative.
(i) If a patient has notice of the review but does not attend it, the
Board may conduct the review in the patient's absence. Where this occurs,
a copy of the decision made by the Board will be posted to the patient.