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MENTAL HEALTH ACT 2007 - SECT 27A
Examinations by medical practitioners or accredited persons for purposes of detention
27A Examinations by medical practitioners or accredited persons for purposes
of detention
(1) If it is not reasonably practicable for an authorised medical officer of a
mental health facility or other medical practitioner to personally examine a
person or observe the person's condition for the purpose of determining under
section 27 whether the person is a mentally ill person or a
mentally disordered person, the person may be examined or observed for that
purpose-- (a) by a medical practitioner using an audio visual link, or
(b) by
an accredited person authorised by the medical superintendent of the
mental health facility to examine or observe the person or observe for that
purpose-- (i) in person, or
(ii) using an audio visual link.
(2) The
examination or observation must be carried out by a medical practitioner who
is a psychiatrist if that is a requirement of section 27.
(3) A medical
practitioner or accredited person must not carry out an examination or
observation using an audio visual link under this section unless the medical
practitioner or accredited person is satisfied that the examination or
observation can be carried out in the circumstances with sufficient skill and
care so as to form the required opinion about the person.
(4) A medical
practitioner who is not a psychiatrist, or an accredited person, who examines
or observes a person under this section must, if it is reasonably practicable
to do so, seek the advice of a psychiatrist before making a determination as
to whether the person is a mentally ill person or a
mentally disordered person. The psychiatrist is not required to examine or
observe the person.
(5) The regulations may make provision for or with
respect to the audio visual link technology that may be used for the purposes
of this section and the medical practitioners who may examine or observe a
person for the purposes of this section.
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