MENTAL HEALTH ACT 2016 - SECT 79
Classified patient (involuntary) may become classified patient (voluntary)
MENTAL HEALTH ACT 2016 - SECT 79
Classified patient (involuntary) may become classified patient (voluntary)
79 Classified patient (involuntary) may become classified patient (voluntary)
(1) This section applies to—
(a) a classified patient (involuntary) who is
subject to a recommendation for assessment, if the assessment period for the
patient ends and a treatment authority is not made for the patient; or
(b) a
classified patient (involuntary) who is subject to a treatment authority,
forensic order (mental health) or treatment support order, if the authority or
order is revoked.
(2) Despite subsection (1) (b) , this section does not
apply if the tribunal—
(a) on revoking the forensic order (mental health),
makes either of the following for the patient—
(ii) 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
(b) the person consents to
receiving treatment and care for the person’s mental illness in an inpatient
unit of an authorised mental health service.
(4) The person may withdraw
consent under subsection (3) (b) at any time.
Note—
If the person withdraws
consent, see sections 80and 83.
(5) Subsection (4) does not prevent a
treatment authority being made under chapter 2 for the person.