MENTAL HEALTH ACT 2016 - SECT 195
Agreement for detention—administrator
MENTAL HEALTH ACT 2016 - SECT 195
Agreement for detention—administrator
195 Agreement for detention—administrator
(1) The administrator of an
authorised mental health service may agree to a person’s detention in the
service only if the administrator is satisfied the service has the capacity to
detain the person for treatment and care.
(2) Without limiting subsection (1)
, if the authorised mental health service is not a high security unit, the
administrator must be satisfied the person’s detention in the service does
not present an unreasonable risk to the safety of the person or others having
regard to the following—
(a) the person’s mental state and psychiatric
history;
(b) the person’s treatment and care needs;
(c) the security
requirements for the person.
(3) If the person is a minor, the administrator
of the service must not agree under this part to the minor’s detention in a
high security unit unless the chief psychiatrist has given prior written
approval of the giving of the agreement.
(4) In deciding whether to give the
approval, the chief psychiatrist must have regard to the following—
(a) the
minor’s mental state and psychiatric history;
(b) the minor’s treatment
and care needs;
(c) the security requirements for the minor.
(5) As soon as
practicable after deciding to give the approval, the chief psychiatrist must
give a copy of the written approval to the administrator.
