Psychiatrist reports

AMHS Administrators: Roles and responsibilities

Request for report

A person may request the chief psychiatrist to arrange for the preparation of a psychiatrist report.

A request may be made if the following applies:

• the person is subject to a treatment authority, a forensic order for which an authorised mental health service is responsible, or a treatment support order, and
• the person is charged with a serious offence, other than an offence against a Commonwealth law.

A serious offence is an indictable offence, other than an indictable offence that must be heard by a magistrate.

A request may be made at any time before the court makes a final decision on the matter, and is not affected if the authority or order is revoked before the court makes a final decision.

A request may be made by:

• the person
• the person's nominated support person, if it is in the person's best interests
• a personal guardian who has the authority to make this decision for the person
• an attorney who has the authority to make this decision for the person
• a parent of a minor, or
• the person's lawyer, acting on instructions of the person.

As soon as practicable after an administrator becomes aware that the person is entitled to request a report under the Act, the administrator or delegate must explain to the person the right to request a psychiatrist report.

The following also applies:

• If the patient has a nominated support person, the administrator must explain the matter to the nominated support person
• If the patient does not have a nominated support person, the administrator must explain the matter with one or more of the patient's family, carers or other support persons
• If the person is a minor, the administrator must explain the matter to one of the minor's parents, unless it does not appear to be in the minor's best interests.

The chief psychiatrist may then direct the administrator to arrange for an authorised psychiatrist to prepare a report.

Chief psychiatrist’s initiative

The chief psychiatrist may, on the chief psychiatrist's own initiative, direct the preparation of a psychiatrist report about a person. This applies where a person is charged with a serious offence, other than an offence against a Commonwealth law.

The person need not be on an authority or order under the Act for a direction to be made.

The direction may be to an administrator, to arrange for an authorised psychiatrist to prepare a report, or directly to an authorised psychiatrist.

Other matters

The authorised psychiatrist must prepare a report within 60 days.This period can be extended to 90 days by the chief psychiatrist.

The chief psychiatrist may direct a second report if required.

When completed, a copy of the report is provided to specified persons including the relevant administrator for placing on the patient’s health records.