New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 18

18 When a person may be detained in mental health facility

(1) A person may be detained in a declared mental health facility in the following circumstances:

(a) on a mental health certificate given by a medical practitioner or accredited person (see section 19),

(b) after being brought to the facility by an ambulance officer (see section 20),

(c) after being apprehended by a police officer (see section 22),

(d) after an order for an examination and an examination or observation by a medical practitioner or accredited person (see section 23),

(e) on the order of a Magistrate or bail officer (see section 24),

(f) after a transfer from another health facility (see section 25),

(g) on a written request made to the authorised medical officer by a primary carer, relative or friend of the person (see section 26).

(2) A person may be detained, under a provision of this Part, in a health facility that is not a declared mental health facility if it is necessary to do so to provide medical treatment or care to the person for a condition or illness other than a mental illness or other mental condition.

(3) In this Act, a reference to taking to and detaining in a mental health facility includes, in relation to a person who is at a mental health facility, but not detained in the mental health facility in accordance with this Act, the detaining of the person in the mental health facility.

Note: A person taken to and detained in a mental health facility must be provided with certain information, including a statement of the person’s rights (see section 74).