New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 49

49 Matters to be checked by Magistrate

(1) As soon as practicable after the beginning of an inquiry, the Magistrate is required to ask the person in respect of whom the inquiry is held whether the person:

(a) has been given a written statement, in the prescribed form, of the person’s legal rights and other entitlements, as required by section 30, and

(b) whether the person has been informed of the duty imposed under section 38 on the medical superintendent relating to the giving of the notice specified in that section.

(2) As soon as practicable after the beginning of an inquiry, the Magistrate is required to ascertain from the medical superintendent whether the written statement and notice referred to in subsection (1) have been given or all such things as are reasonably practicable have been done to give that statement or notice, as the case requires.