MENTAL HEALTH ACT 2007 - SECT 166 Jurisdiction of Court to order discharge or transfer of detained person

MENTAL HEALTH ACT 2007 - SECT 166

166 Jurisdiction of Court to order discharge or transfer of detained person

(cf 1990 Act, s 285)

(1) The Court must order the medical superintendent of a mental health facility to bring a person before the Court for examination at a time specified in the order if the Court receives information on oath or has reason or cause to suspect--

(a) that the person is not a mentally ill person or a mentally disordered person and is detained in the facility, or

(b) that the person is a mentally ill person or a mentally disordered person detained in the facility and that other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person, or

(c) that the person is a forensic patient or correctional patient who is wrongly detained in the facility.

(2) The Court must order that a person (other than a forensic patient or correctional patient) examined under this section be immediately discharged from the mental health facility in which the person is detained if, on examination, the medical superintendent is unable to prove on the balance of probabilities--

(a) that the person is a mentally ill person or a mentally disordered person, or

(b) if the person is a mentally ill person or a mentally disordered person, that no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person.

(3) The Court must order that a forensic patient or correctional patient examined under this section be immediately transferred to a correctional centre (within the meaning of the Crimes (Administration of Sentences) Act 1999 ) if, on examination under this section, the medical superintendent is unable to prove that the patient is not wrongly detained in the mental health facility.