Mental Health Act 20266

Nominated person for children aged 16 years or older

193. (1) Where a child has been admitted to a registered acute mental health centre, he or she may nominate his or her guardian or another adult (in this Act referred to as a “nominated person”) on his or her behalf to be provided with information in accordance with sections 61 , 70 , 75 , 76 , 77 , 97 , 98 and 187 and to make requests in accordance with section 81 .

(2) Where a child has nominated a nominated person in accordance with subsection (1), he or she may—

(a) specify the duration of time for such nomination, and

(b) revoke such nomination at any time.

(3) Where no duration is specified under subsection (2)(a), any nominated person nominated under subsection (1) shall be nominated for a period of not more than 3 months or until the child is discharged from the registered acute mental health centre, whichever is sooner.

(4) A nominated person may be nominated again by the child concerned where his or her nomination has expired.

(5) A child may change his or her nominated person at any time.

(6) Where a child has nominated a nominated person in accordance with subsection (1) or revoked a nomination in accordance with subsection (2)(b), such nomination or revocation shall be recorded in writing and retained with the medical records of the child.

(7) A child may consult with his or her nominated person at any time during his or her admission to a registered acute mental health centre and a child may request that his or her nominated person attend any meetings during his or her admission.

(8) The nomination, or not, of a nominated person under this section shall not interfere with any rights of the parents or guardian of a child to receive information regarding the child.

(9) In this section, references to “a child” mean a child aged 16 years or older.