MENTAL HEALTH ACT 2016 - SECT 178 Examination of person

MENTAL HEALTH ACT 2016 - SECT 178

178 Examination of person

(1) For the purpose of examining the person, the person may be detained in the relevant service for a period (the
"examination period" ) of not more than 6 hours starting—

(a) if the person is at the relevant service when the examination order is made—when the order is made; or

(b) if the person is transported to the relevant service under the examination order—when the person first arrives at the relevant service for the examination; or

(c) if the person attends at the relevant service under the order—when the person first attends at the service under the order.

(2) However, an authorised doctor or authorised mental health practitioner may extend, or further extend, the examination period before it ends to not more than 12 hours after it starts if the authorised doctor or authorised mental health practitioner reasonably believes the extension is necessary to carry out or finish the examination of the person.

(3) The authorised doctor who examines the person may—

(a) make a treatment authority for the person; or

(b) make a recommendation for the person’s treatment and care; or

(c) decide the person does not require treatment and care; or

(d) if the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.

(4) For subsection (3) (a) , section 48 applies as if a reference in the section to the assessment of a person under chapter 2 , part 3 were a reference to the examination of the person under an examination order.

(5) If the authorised doctor makes a recommendation under subsection (3) (b) for the person’s treatment and care, the authorised doctor must explain to the person the benefits of being treated voluntarily in accordance with the recommendation.

Note—

See section 55 for the matters the authorised doctor must tell, and explain to, the person if the authorised doctor makes a treatment authority for the person as mentioned in subsection (3) (a) .

(6) In this section—


"relevant service" means the authorised mental health service or public sector health service facility stated in the examination order.