MENTAL HEALTH ACT 2007 - SECT 40 Re-classification of involuntary patients as voluntary patients

MENTAL HEALTH ACT 2007 - SECT 40

40 Re-classification of involuntary patients as voluntary patients

(cf 1990 Act, s 64)

(1) An involuntary patient may be classified as a voluntary patient of the mental health facility in which the patient is detained--

(a) by an authorised medical officer at any time, or

(b) by the Tribunal when conducting a review of the patient.

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

(a) the authorised medical officer or Tribunal 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.