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MENTAL HEALTH ACT 2007 - SECT 43 Discharge of involuntary patients on application of designated carer or principal care provider

MENTAL HEALTH ACT 2007 - SECT 43

Discharge of involuntary patients on application of designated carer or principal care provider

43 Discharge of involuntary patients on application of designated carer or principal care provider

(cf 1990 Act, s 68)

(1) Any designated carer or the principal care provider of an involuntary patient or another person detained in a mental health facility may, at any time, apply to an authorised medical officer of the mental health facility for the discharge of the patient or person.
(2) The authorised medical officer may discharge the patient or person if--
(a) the applicant gives the authorised medical officer a written undertaking that the patient or person will be properly taken care of, and
(b) the authorised medical officer is satisfied that adequate measures will, so far as is reasonably practicable, be taken to prevent the patient or person from causing harm to himself or herself or others.