Western Australian Consolidated Acts

MENTAL HEALTH ACT 1996 - SECT 13

13 .         Relevant premises, powers to inspect etc.

        (1)         The powers in this section may be exercised —

            (a)         in respect of relevant premises that are not an authorised hospital, only if the Chief Psychiatrist believes on reasonable grounds that proper standards of care or treatment are not being, or have not been, observed in a psychiatric health service carried on in those premises; and

            (b)         in respect of any relevant premises that are an authorised hospital, as the Chief Psychiatrist thinks appropriate.

        (2)         Subject to subsection (1), the Chief Psychiatrist may at any time visit any relevant premises whether or not notice of the visit has been given.

        (3)         In the course of a visit the Chief Psychiatrist may, subject to subsection (4) —

            (a)         inspect any part of the relevant premises; and

            (b)         interview any person who is in the relevant premises for care or treatment; and

            (c)         require persons on the relevant premises to answer questions relating to the care or treatment of persons at the premises; and

            (d)         require the production of and inspect any medical record or other document relating to persons who are or have been receiving care or treatment at the relevant premises; and

            (e)         take copies of or extracts from any such record or document.

        (4)         The powers in subsection (3)(b), (c), (d) and (e) may be exercised —

            (a)         in relation to an involuntary patient, without restriction; but

            (b)         in relation to any other person, only with the person’s consent.

        (5)         A person having any official capacity at the relevant premises is to —

            (a)         afford any assistance that may be requested for the purpose of exercising a power under this section; and

            (b)         answer any question that may be asked under this section by the Chief Psychiatrist.

        (6)         In this section —

        psychiatric health service means any health service that provides specialized psychiatric care or treatment to persons suffering from mental illness and does so either as its sole activity or as a significant part of its activities;

        relevant premises means premises that are used for carrying on a psychiatric health service.