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3.0 - ADMINSTRATIVE AND LEGAL PROCESSES REGARDING REVIEWS
The Board conducts both periodic and requested reviews. This section
explains
the administrative processes relevant to all reviews.
A periodic review is a mandatory review to be undertaken by the Board
even if the patient does not request a review, and must be held by the
Board within eight weeks of a patient becoming an involuntary patient
provided that the patient remains involuntary. (ss.138 & 142)
Thereafter, whilst the patient continues as an involuntary patient, the
Board must further review the patient not later than six months after
the preceding review. (s.139)
The Board is required to carry out a review as soon as practicable after
the initial order is made. (s.138(2)) The Board is required to
conduct both periodic reviews and requested reviews. (see 3.2).
When considering its obligations, the factors the Registrar is required
to take into account include:
(a) complying with the Act;
(b) ensuring that those persons who request a review can be reviewed
within a reasonable time;
(c) allowing sufficient time for patients to obtain appropriate legal
representation and generally prepare their case;
(d) providing opportunity for the treating team to prepare the necessary
reports; and
(e) practical issues including the availability of venues, and a three
member Board.
Bearing in mind these considerations, periodic reviews are generally
scheduled following receipt of a Form 9 (a continuation of an involuntary
order and usually made approximately 28 days after the initial order).
Where a CTO is initiated in the community the review is generally scheduled
after the first 28 days of the order. This means that periodic reviews
generally occur in weeks 6-8 of a person's involuntary status. This approach
ensures that the Board is able to schedule requested reviews within a
reasonable timeframe whilst meeting its statutory obligations (and time-lines)
for periodic reviews.
If the patient is discharged from involuntary status but again made an
involuntary patient within 7 days, for the purposes of a review the patient's
involuntary status is considered to be continuous and reviews will be
scheduled accordingly. (s.140)
Although the status of an involuntary patient may be changed by a psychiatrist
from detained status to a CTO, an initial review still needs to be scheduled
within 8 weeks of the patient becoming involuntary. (s.138(1))
If a review has been scheduled and prior to the review the patient is
placed on a CTO, then generally the review will continue at the scheduled
date, time and venue as indicated on the Notice of Review. This policy
has been implemented to ensure that the patient is reviewed within the
statutory time-frame required by the Act. However, if a patient is placed
on a CTO to a mental health service outside of the Perth metropolitan
area, the review will be rescheduled at the rural mental health service.
If no review has been scheduled at the time the patient is discharged
from detained status to a CTO then a review is scheduled at the appropriate
mental health service in the community. On occasion, the review of a patient
on a CTO can be problematical, given the limited time available for the
patient to be seen at the clinic after the patient's discharge from hospital.
This situation could be rectified by legislative amendment.
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