Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT 1996 - SECT 129

129 .         Constitution of Board generally

        (1)         This section applies to the constitution of the Board when it is dealing with any matter other than a matter relating to psychosurgery under Division 4 of Part 5.

        (2)         For the purpose of dealing with any particular matter, the Board is to be constituted by 3 members of the Board specified for that matter by the President.

        (3)         The President may delegate to the Registrar his or her powers under subsection (2).

        (4)         The 3 members specified may include the President.

        (5)         The 3 members specified are to include —

            (a)         a person who is lawyer; and

            (b)         a person who is a psychiatrist or, if subsection (6) allows it, a medical practitioner who is not a psychiatrist; and

            (c)         a person who is neither a lawyer nor a medical practitioner.

        (6)         If a member who is a psychiatrist is not readily available but another member who is a medical practitioner is available, that other member may be included instead of the psychiatrist if the proceedings do not involve anything that requires a clinical judgment to be made about a patient’s treatment.

        [Section 129 amended by No. 21 of 2008 s. 680(4).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback