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What Happens at a Review
A review provides an opportunity for the doctor (or other members of the treating
team) and the patient to discuss whether the involuntary order should continue.
During a review, the doctor and patient are given the opportunity of providing
information to the Board about the need for the involuntary order. The patient
and their representative (if they have one) are able to ask questions of the treating
team, and provide submissions to the Board. The Board then makes a decision about
whether to continue the involuntary order on the basis of the information it receives.
The Board generally conducts its reviews in the following
way:
- Prior to the commencement of the review, the members of the Board review the contents of the medical
files applicable to the patient and particularly any report prepared
in relation to the patient.
- 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.
- 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.
- 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 continue to be satisfied.
- The review commences with introductions and an explanation
of the purpose and process of the review.
- 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.
- 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 may
speak with the patient about his or her views, even
if the patient is represented.
- 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.
- The Board considers the information available to it and
makes a decision about whether or not the involuntary status
should be continued.
- 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.
- 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.
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