Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 9B

Taking a person to an approved mental health service

9B. Taking a person to an approved mental health service



(1) This section applies if a person is to be taken to an approved mental
health service under-

   (a)  a request and recommendation; or

   (b)  an authority to transport; or

   (c)  section 12(2)(a) or 12(6); or

   (ca) section 12AA(7); or





   (d)  section 12AC(4)(b).

(2) For the purpose of taking the person to the approved mental health
service, a prescribed person may with such assistance as is required and such
force as may be reasonably necessary-

   (a)  enter any premises in which the prescribed person has reasonable
        grounds for believing that the person may be found; and

   (b)  if necessary to enable the person to be so taken safely, use such
        restraint as may be reasonably necessary.

(3) If a prescribed registered medical practitioner considers that it is
necessary to sedate the person so that the person can be taken safely to the
approved mental health service, the prescribed registered medical practitioner
may administer or direct an authorised person to administer sedation to the
person.

(4) A person who uses restraint under subsection (2) or administers sedation
or directs an authorised person to administer sedation under subsection (3)
must specify the particulars required by the prescribed form and deal with the
prescribed form in accordance with the regulations.