❓ A parliamentary question seeks information regarding legal advice from the State Solicitor's Office concerning the qualifications required for psychiatrists operating under the Mental Health Act. The Attorney General's response indicates no such advice was provided and declines to table any related documents due to legal professional privilege.
AnsweredQoN 915Legislative Council
QuestionView source ↗
OVERSEAS-QUALIFIED PSYCHIATRISTS — STATE
SOLICITOR'S ADVICE
915. Hon LJILJANNA RAVLICH to the Attorney General:
(1) On what
date did the State Solicitor's Office advise the Minister for Mental
Health that the operation of the Mental Health Act precludes a medical
practitioner with limited registration from performing the functions of a
psychiatrist under the Mental Health Act and that only those psychiatrists with
specialist registration are able to perform these functions?
(2) Was this
advice provided at the request of the Minister for Mental Health or for some
other reasons; and, if so, what were those other reasons?
(3) Will the
Attorney General table any written advice on this matter, including any
briefing notes provided by his office or the State Solicitor; and, if not, why
not?
SOLICITOR'S ADVICE
915. Hon LJILJANNA RAVLICH to the Attorney General:
(1) On what
date did the State Solicitor's Office advise the Minister for Mental
Health that the operation of the Mental Health Act precludes a medical
practitioner with limited registration from performing the functions of a
psychiatrist under the Mental Health Act and that only those psychiatrists with
specialist registration are able to perform these functions?
(2) Was this
advice provided at the request of the Minister for Mental Health or for some
other reasons; and, if so, what were those other reasons?
(3) Will the
Attorney General table any written advice on this matter, including any
briefing notes provided by his office or the State Solicitor; and, if not, why
not?
AnswerView source ↗
I thank the member for some notice of this question.
(1) A search
of the State Solicitor's Office's records does not show any
such advice to the Minister for Mental Health.
(2) Not applicable.
(3) Not
applicable, although it should be noted that as a matter of practice the state
does not waive legal professional privilege.
(1) A search
of the State Solicitor's Office's records does not show any
such advice to the Minister for Mental Health.
(2) Not applicable.
(3) Not
applicable, although it should be noted that as a matter of practice the state
does not waive legal professional privilege.
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