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MENTAL HEALTH ACT 1990 - SECT 33 Consequence of further examination

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 33

Consequence of further examination

33 Consequence of further examination

(1) If after examination under section 32 by a medical practitioner of a person taken to and detained in a hospital the medical practitioner is of the opinion that the person is a mentally ill person or a mentally disordered person, the medical practitioner must advise the medical superintendent accordingly in the prescribed form.
(2) If after examination of a person under section 32 by 2 medical practitioners neither medical practitioner is of the opinion that the person is a mentally ill person or a mentally disordered person, the person must not (except as provided by section 37 or 37A) be further detained in the hospital.
(3) A medical practitioner who furnishes advice under subsection (1) in respect of a person is wherever practicable required to be available, on reasonable notice, to attend an inquiry held under section 41 concerning the person in order to give evidence concerning the person.
(4) A medical practitioner who furnishes advice under subsection (1) and who has (directly or indirectly) a pecuniary interest in any authorised hospital, or has a near relative, partner or assistant who has such an interest, must, on furnishing the advice, disclose that fact and give particulars of the interest in the advice.