MENTAL HEALTH ACT 2016 - SECT 377
Application for warrant for apprehension of person
MENTAL HEALTH ACT 2016 - SECT 377
Application for warrant for apprehension of person
377 Application for warrant for apprehension of person
(1) This section
applies if an authorised person considers a warrant for apprehension of a
person is necessary to enable an authorised person to transport the person
under this Act to an authorised mental health service or public sector health
service facility for examination, assessment, or treatment and care.
(2) The
authorised person may apply to a magistrate for a warrant for apprehension of
the person.
(3) The authorised person must prepare a written application
stating the grounds on which the warrant is sought.
(4) The written
application must be sworn.
(5) The magistrate may refuse to consider the
application until the authorised person gives the magistrate all the
information the magistrate requires about the application in the way the
magistrate requires.
Example—
The magistrate may require additional
information supporting the application to be given by statutory declaration.
