Hi All I have ready everywhere that a joint medical recommendation can not be amended ( obviously if the errors are amendable) however it does not give a reason as to why, which I am intrigued to know and if there are any circumstances where a Joint Medical recommendation can be amended? or a case …

It’s the Act’s wording in section 15; “…one of the two medical recommendations on which an application for the admission of a patient is founded…” b/w Guy

Without looking through Hansard and any debate to the wording of Section 15, I suspect the reason why a Joint Medical Recommendation is not rectifiable/amendable is that both recommendations are rendered flawed, there is an absence of a valid recommendation which would then initiate/allow the 14 day…

I looked into this recently when something similar cropped up: [image] Joint Medical Recommendations I’ve had a look at s15 and the commentary in Jones, and the way I understand it now is: If the problem is inconsequential – de minimis – then it won’t make detention unlawful. If the problem i…

Thank you for your help guys. So if I am understanding you correctly a Joint medical recommendation can be rectified if there is de minimis error any thing over this it can no be rectified? Just so I clearly understand :slight_smile: Thank you

I think it goes beyond that. I think a de minimis error doesn’t affect lawfulness so doesn’t need to be rectified under s15, and a joint medical recommendation can be rectified if it is “incorrect or defective” (under s15(1)) just like any application or recommendation. The problem only arises if …