The Law Handbook 2024

Chapter 8.4: Mental illness 845 the patient in the least restrictive way possible and act to advance the patient’s supervision plan. An authorised psychiatrist can set the conditions of an IMSO – permitting patients to move outside the supervision unit or having contact with other persons (s 583). A patient on an IMSO must be provided with facilities and supplies that meet their needs and maintain their dignity and reflect their interests (subject to any safety requirements) and reduce the effects of isolation and be permitted to spend a reasonable period of time outdoors every day (s 585). The Mental Health Tribunal must determine the duration of an IMSO. The duration cannot be longer than 28 days after the day on which the order is made (beginning on and including the day the order is made). An IMSO must end if a patient no longer poses an unacceptable risk or if the criteria no longer apply. The patient, nominated support person, guardian and carer (see above) must be notified of the revocation. Forensicare must establish a clinical committee to provide weekly reports to the Chief Psychiatrist and to conduct reviews. Reports must review the progress of a patient’s treatment or therapeutic intervention having regard to the patient’s supervision plan and the progress towards the patient no longer being subject to an IMSO (s 586). After an IMSO ends, the clinical committee must conduct a review to determine the effectiveness of the patient’s supervision plan and the experience of the patient while subject to an IMSO. Patients or their nominee, IMHA, nominated support persons or guardians must be invited to make submissions and provide information in the review. The committee’s written report must be provided to the Institute and the Chief Psychiatrist. A registered medical practitioner or registered nurse must clinically review the patient as frequently as is appropriate having regard to the patient’s condition but not less than every 15 minutes. If it’s not practicable to conduct reviews so frequently, the authorised psychiatrist must be notified. The authorised psychiatrist must examine the patient as frequently as the authorised psychiatrist considers appropriate but not less than every 24 hours or if not practicable, ensure that another registered medical practitioner does (s 587). NOTE: FITNESS TO STAND TRIAL AND ACQUITTAL The CMIUT Act deals with the procedures at a criminal trial in the Supreme Court or the County Court where the accused’s fitness to stand trial is in question, or where the defence of not guilty on the grounds of mental impairment is raised. Whereas, division 7 of part 1B of the Crimes Act (Cth) deals with acquittal because of mental illness. Transfers Sections 571 and 572 of the MHWA deal with forensic patients and the criteria and process around being taken to another designated mental health service and applying to the MHT for review of such a decision. (See Chapter 8.3: Disability and criminal justice.) Information sharing, confidentiality and privacy of health information Health information must not be disclosed without the person’s consent, unless specific exceptions apply (see ‘Privacy and confidentiality’ in Chapter 9.1). Information Sharing Principles The MHWA introduces a number of new information sharing principles and provisions (pt 17.1) that are intended to strengthen consumer autonomy, better engage families, carers and supporters and allow for a more integrated approach to service delivery. The disclosure, use or collection of personal or health information about a person receiving mental health and wellbeing services should be directed at: • enhancing a person’s ability to access, understand and self-manage their information; • improving the person’s experience of engaging with the mental health and wellbeing system; • supporting the person to transition between services or levels of care; • supporting the provision of safe, integrated, high- quality, care and support; • where appropriate, supporting families, carers and supporters to fulfil their role (s 722).