New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 40

40 Re-classification of involuntary patients as voluntary patients

(cf 1990 Act, s 64)

(1) An authorised medical officer may classify an involuntary patient as a voluntary patient of the mental health facility at any time.

(2) A patient may be so classified only if:

(a) the authorised medical officer is of the opinion that the patient is likely to benefit from care or treatment as a voluntary patient, and

(b) the patient agrees to be so classified or, if the patient is a person under guardianship, the patient is admitted in accordance with the procedures under this Act applicable to admitting such persons as voluntary patients.

(3) Without limiting subsection (1), a person who is discharged as an involuntary patient may be admitted as a voluntary patient immediately on discharge.

Note: For additional circumstances when a patient or person must be released from a mental health facility, see section 12.