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MENTAL HEALTH ACT 2009 - SECT 45

MENTAL HEALTH ACT 2009 - SECT 45

45—Assistance of interpreters

        (1)         If—

            (a)         a medical practitioner or authorised mental health professional intends to conduct an examination of a person for the purposes of this Act; and

            (b)         the person is unable to communicate adequately in English but could communicate adequately with the assistance of an interpreter,

the medical practitioner or authorised mental health professional must arrange for a competent interpreter to assist during the examination of the person.

        (2)         Subsection (1) does not apply—

            (a)         to an examination following which a level 1 community treatment order or level 1 inpatient treatment order may be made unless the assistance of an interpreter can be readily arranged by the medical practitioner or authorised mental health professional in the circumstances; or

            (b)         if the medical practitioner or authorised mental health professional and the person can communicate adequately in a language other than English.