Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 12AC

Examination by authorised psychiatrist

12AC. Examination by authorised psychiatrist



(1) If an involuntary treatment order is made for a person, the authorised
psychiatrist must examine the person-

   (a)  if section 12(5) or 12AA(6) applies-as soon as practicable after the
        order is made, but in any case within 24 hours after the order is
        made; or

   (b)  otherwise-within 24 hours after the order is made.

(2) On examining the person under subsection (1)-

   (a)  if the authorised psychiatrist considers that the criteria in section
        8(1) do not apply to the person-the authorised psychiatrist must
        discharge the person from the order;

   (b)  if the authorised psychiatrist is satisfied that the criteria in
        section 8(1) apply to the person-the authorised psychiatrist must
        confirm the order.

(3) If the authorised psychiatrist confirms an involuntary treatment order
under subsection (2)(b), he or she may make a community treatment order under
section 14 for the person.

(4) If the authorised psychiatrist confirms the involuntary treatment order
under subsection (2)(b) but does not make a community treatment order under
subsection (3)-

   (a)  the person is to be detained in the approved mental health service;
        and

   (b)  if the person is not currently in the approved mental health service,
        the authorised psychiatrist may take the person, or arrange for the
        person to be taken, to the approved mental health service.

(5) The authorised psychiatrist may confirm an involuntary treatment order
without making a community treatment order only if he or she is satisfied that
the treatment required for the person cannot be obtained through the making of
a community treatment order.

(6) A registered medical practitioner who has made a recommendation under
section 9 in respect of a person must not examine the person under this
section.