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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
(ii) the person’s treatment and care needs; and
(iii) the security requirements for the person.