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MENTAL HEALTH ACT 2007 - SECT 18
When a person may be detained in mental health facility
(1) A person may be detained in a declared mental health facility in the
following circumstances-- (a) on a mental health certificate given by a
medical practitioner or accredited person (see section 19),
(b) after being
brought to the facility by an ambulance officer (see section 20),
(c) after
being apprehended by a police officer (see section 22),
(d) after an order
for an examination and an examination or observation by a medical practitioner
or accredited person (see section 23),
(e) on the order of a Magistrate or
bail officer (see section 24),
(f) after a transfer from another health
facility (see section 25),
(g) on a written request made to the
authorised medical officer by a designated carer, the principal care provider,
a relative or friend of the person (see section 26).
(2) A person may be
detained, under a provision of this Part, in a health facility that is not a
declared mental health facility if it is necessary to do so to provide medical
treatment or care to the person for a condition or illness other than a
mental illness or other mental condition.
(3) In this Act, a reference to
taking to and detaining in a mental health facility includes, in relation to a
person who is at a mental health facility, but not detained in the
mental health facility in accordance with this Act, the detaining of the
person in the mental health facility.
Note 1--: A person taken to and
detained in a mental health facility must be provided with certain
information, including a statement of the person's rights (see section 74).
Note 2--: A person authorised to be taken to and detained in a
mental health facility under this Division may be taken to the facility by a
person listed in section 81.
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