Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 9A

Authority to transport

9A. Authority to transport



(1) Despite anything to the contrary in section 9, a person in respect of whom
a request is made in accordance with section 9(1)(a) may be taken to an
appropriate approved mental health service without a recommendation being made
under section 9(1)(b) if-

   (a)  a registered medical practitioner is not available within a reasonable
        period to consider making a recommendation despite all reasonable
        steps having been taken to secure the attendance of one; and

   (b)  a mental health practitioner considers that-

   (i)  the criteria in section 8(1) apply to the person; and

   (ii) the person should be taken to an approved mental health service for
        examination by a registered medical practitioner for the purpose of
        making a recommendation; and

   (c)  the mental health practitioner completes an authority to transport in
        the prescribed form containing the prescribed particulars.

(2) A person who has made a request under section 9(1)(a) in respect of a
person must not complete an authority to transport that person under
subsection (1)(c).