MENTAL HEALTH ACT 1990 - SECT 37 Limited detention of certain persons after examination at hospital

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 37

37 Limited detention of certain persons after examination at hospital

(1) This section applies to a person who is, by virtue of section 36, to be dealt with in accordance with this section.

(2) If a member of the Police Force is present at the hospital to ascertain the results of any examination or examinations when the decision not to certify a person is made or the relevant opinions or opinion are or is known to the medical superintendent, the medical superintendent must release the person into the custody of the member of the Police Force.

(3) If a member of the Police Force is not so present, the medical superintendent must, as soon as practicable after that decision is made or the relevant opinions or opinion are or is known to the medical superintendent, notify a member of the Police Force at the police station nearest to the hospital, or a police station nominated for the purposes of this section by the Commissioner of Police, that the person will not be further detained.

(4) The medical superintendent may, subject to subsection (5), after having considered any matter communicated by a member of the Police Force as to the intended apprehension of the person by a member of the Police Force:

(a) detain the person pending the apprehension of the person by a member of the Police Force, or

(b) admit the person, pursuant to an application made by the person in accordance with Part 1, to the hospital as an informal patient, or

(c) discharge the person, in so far as it may be possible to do so, into the care of a relative or friend of the person who is concerned for the welfare of the person or otherwise discharge the person.

(5) A person may not be detained in a hospital for a period in excess of 1 hour after the decision not to certify the person is made or the relevant opinions or opinion are or is known to the medical superintendent.