MENTAL HEALTH ACT 2016 - SECT 69
Administrator consent
MENTAL HEALTH ACT 2016 - SECT 69
Administrator consent
69 Administrator consent
(1) This section applies to a person in custody who—
(a) is subject to a
recommendation for assessment; or
(b) is subject to a treatment authority,
forensic order (mental health) or treatment support order; or
(c) consents to
receiving treatment and care for the person’s mental illness in an inpatient
unit of an authorised mental health service.
(2) The administrator of an
authorised mental health service may, in the approved form, consent to the
person in custody being transported by an authorised person from the
person’s place of custody to an inpatient unit of the authorised mental
health service—
(a) for a person mentioned in subsection (1) (a) —for
assessment under chapter 2 , part 3 ; or
(b) for a person mentioned in
subsection (1) (b) or (c) —to receive treatment and care for the person’s
mental illness.
(3) The administrator may consent only if satisfied—
(a)
the authorised mental health service has capacity—
(i) for a person
mentioned in subsection (1) (a) —to carry out the assessment; or
(ii) for a
person mentioned in subsection (1) (b) or (c) —to provide treatment and care
for the person’s mental illness; and
(b) for an authorised mental health
service that is not a high security unit—that carrying out the assessment,
or providing the treatment and care, would not pose an unreasonable risk to
the safety of the person or others having regard to—
(i) the person’s
mental state and psychiatric history; and