MENTAL HEALTH ACT 1990 - SECT 35 Limited detention of mentally disordered persons

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 35

35 Limited detention of mentally disordered persons

(1) A person who has, under section 29, been certified to be a mentally disordered person and who has not subsequently, on examination under section 32, been found to be a mentally ill person must not be detained in the hospital for a continuous period of more than 3 days (not including weekends and public holidays).

(2) The medical superintendent of a hospital must examine a mentally disordered person detained in the hospital at least once every 24 hours.

(3) If, on examination of a person detained as a mentally disordered person or a mentally ill person, a medical superintendent is of the opinion that the person is not a mentally disordered person or a mentally ill person or that other care of a less restrictive kind is appropriate and reasonably available to the person, the person must not (except as provided by section 37 or 37A) be further detained in the hospital.

(4) A person must not be admitted to and detained in a hospital on the grounds that the person is a mentally disordered person on more than 3 occasions in any 1 month.