MENTAL HEALTH ACT 2016 - SECT 74
Person subject to examination order or court examination order remaining in authorised mental health service
MENTAL HEALTH ACT 2016 - SECT 74
Person subject to examination order or court examination order remaining in authorised mental health service
74 Person subject to examination order or court examination order remaining in
authorised mental health service
(1) This section applies if—
(a) a person is transported by an authorised
person, under an examination order or a court examination order, from the
person’s place of custody to an authorised mental health service; and
(b)
the authorised doctor making the examination considers it is clinically
appropriate for the person to receive treatment and care for the person’s
mental illness in an inpatient unit of an authorised mental health service;
and
(c) either—
(i) the person is subject to a treatment authority,
forensic order (mental health) or treatment support order; or
(ii) the person
consents to receiving treatment and care for the person’s mental illness in
an inpatient unit of an authorised mental health service.
(2) The person may
remain in the inpatient unit of the authorised mental health service to
receive treatment and care for the person’s mental illness if all of the
following have been made for the person—
(a) a recommendation in writing by
the authorised doctor for the person to receive treatment and care for the
person’s mental illness in an inpatient unit of an authorised mental health
service;
(3) For
subsection (2) (a) , the authorised doctor may make the recommendation only if
satisfied the person may have a mental illness and it is clinically
appropriate for the person to receive treatment and care for the person’s
mental illness in an authorised mental health service.
(4) For subsection (2)
(b) , the administrator of an authorised mental health service may, in the
approved form, consent to the person remaining in an inpatient unit of the
authorised mental health service to receive treatment and care for the
person’s mental illness.
(5) The administrator may consent only if
satisfied—
(a) the authorised mental health service has capacity 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
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.
(6) For
subsection (2) (c) , the custodian of the person must, in the approved form,
consent to the person remaining in an inpatient unit of the authorised mental
health service to receive treatment and care for the person’s
mental illness.
(7) However, subsection (6) does not apply if the custodian
is satisfied that providing the treatment and care would pose an unreasonable
risk to the safety of the person or others having regard to the security
requirements for the person.
(8) The authorised doctor may detain the person,
under the order, in the authorised mental health service for the period, of
not more than 7 days, reasonably necessary to obtain an administrator consent
and custodian consent for the person.
(9) When a person mentioned in
subsection (1) (c) (i) starts receiving treatment and care for the person’s
mental illness as a classified patient in the inpatient unit of the authorised
mental health service—
(a) if the category of the person’s treatment
authority, forensic order (mental health) or treatment support order is
community—the category is changed to inpatient; and
(b) if limited
community treatment has been authorised for the person by an authorised doctor
under section 52, 57, 209, 212or 216—the authorisation is revoked; and
(c) if limited community treatment has been approved or ordered by the Mental
Health Court or tribunal—the approval or order is of no effect while the
person is receiving treatment and care in the inpatient unit.
(10) Also, as
soon as practicable after the person remains in the inpatient unit of the
authorised mental health service to receive treatment and care for the
person’s mental illness, the authorised doctor must—
(a) tell the person
of the making of the recommendation under subsection (2) (a) ; and
(b)
explain its effect to the person; and
(c) give the person a copy of the
recommendation, if requested.
(11) Subsection (10) (c) does not apply if the
authorised doctor considers giving the copy may adversely affect the health
and wellbeing of the person.
(12) In this section—
"administrator consent" means consent given under subsection (4) .
"custodian" , of a person, means the custodian of the person immediately
before the making of an examination order or a court examination order for the
person.
"custodian consent" means consent given under subsection (6) .