Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 11

Persons incapable of caring for themselves

11. Persons incapable of caring for themselves



(1) Where a member of the police force or any other person has reasonable
grounds for believing that a person who appears to be mentally ill is because
of mental illness incapable of caring for herself or himself the member of the
police force or that other person may give the information upon oath to a
magistrate.

(2) A magistrate may upon that information authorize and direct a member of
the police force accompanied by a registered medical practitioner to visit and
examine that person.

(3) An authorization and direction under subsection (2) is to be in the form
of a special warrant in the prescribed form.

(4) A member of the police force acting under a special warrant may with such
assistance as is required-

   (a)  enter any premises; and

   (b)  use such force as may be reasonably necessary to enable the registered
        medical practitioner to examine that person.