MENTAL HEALTH ACT 2007 - SECT 62 Discharge and detention of affected persons

MENTAL HEALTH ACT 2007 - SECT 62

62 Discharge and detention of affected persons

(1) An affected person detained in a declared mental health facility under this Division must be discharged from the facility--

(a) if the authorised medical officer determines that the person is not a mentally ill person or a mentally disordered person or is of the opinion that other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person, or

(b) if the authorised medical officer decides at any time that it is appropriate to do so.

(2) An authorised medical officer may do all necessary things to cause a person to be detained in a mental health facility under Part 2 at the end of the term of a community treatment order if the officer considers the person to be a mentally ill person.

(3) Any such person is taken to be detained in the mental health facility under section 19 when the authorised medical officer takes action to detain the person.