New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 34

34 Mental health inquiries to be held

(1) A Magistrate is to hold an inquiry about an assessable person brought before the Magistrate under step 4 in section 27 (d).

Note: Section 27 sets out the events that result in a mental health inquiry. Notice of the inquiry is to be given to the person concerned and primary carers in accordance with section 76.

(2) An authorised medical officer of the mental health facility in which an assessable person is detained must:

(a) ensure that, as far as practicable, the person is brought before the Magistrate dressed in street clothes, and

(b) make all necessary arrangements to ensure that all appropriate medical witnesses appear before the Magistrate and other relevant medical evidence concerning the person is placed before the Magistrate.

(3) Schedule 2 has effect with respect to mental health inquiries.