Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 37B

Discharge of involuntary patients-assessment orders and diagnosis, assessment and treatment orders

37B. Discharge of involuntary patients-assessment orders and diagnosis,
assessment and treatment orders

If the chief psychiatrist, having regard to the criteria in section 90(1)(b)
or 91(1)(b) of the Sentencing Act 1991 (as the case requires), considers that
the continued detention of a person in an approved mental health service under
an assessment order or a diagnosis, assessment and treatment order is
unnecessary, the chief psychiatrist must order that the person be discharged
from the order.