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MENTAL HEALTH ACT 2007 - SECT 27A Examinations by medical practitioners or accredited persons for purposes of detention

MENTAL HEALTH ACT 2007 - SECT 27A

Examinations by medical practitioners or accredited persons for purposes of detention

27A Examinations by medical practitioners or accredited persons for purposes of detention

(1) If it is not reasonably practicable for an authorised medical officer of a mental health facility or other medical practitioner to personally examine a person or observe the person's condition for the purpose of determining under section 27 whether the person is a mentally ill person or a mentally disordered person, the person may be examined or observed for that purpose--
(a) by a medical practitioner using an audio visual link, or
(b) by an accredited person authorised by the medical superintendent of the mental health facility to examine or observe the person or observe for that purpose--
(i) in person, or
(ii) using an audio visual link.
(2) The examination or observation must be carried out by a medical practitioner who is a psychiatrist if that is a requirement of section 27.
(3) A medical practitioner or accredited person must not carry out an examination or observation using an audio visual link under this section unless the medical practitioner or accredited person is satisfied that the examination or observation can be carried out in the circumstances with sufficient skill and care so as to form the required opinion about the person.
(4) A medical practitioner who is not a psychiatrist, or an accredited person, who examines or observes a person under this section must, if it is reasonably practicable to do so, seek the advice of a psychiatrist before making a determination as to whether the person is a mentally ill person or a mentally disordered person. The psychiatrist is not required to examine or observe the person.
(5) The regulations may make provision for or with respect to the audio visual link technology that may be used for the purposes of this section and the medical practitioners who may examine or observe a person for the purposes of this section.