New South Wales Consolidated Acts

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MENTAL HEALTH ACT 2007 - SECT 48

Apprehension of persons not permitted to be absent from mental health facility

48 Apprehension of persons not permitted to be absent from mental health facility

(cf 1990 Act, ss 75, 76)

(1) An authorised medical officer of a mental health facility may apprehend a person, or direct a person to be apprehended, if--
(a) the person fails to return to the facility on or before the expiry of a permitted period of absence granted under this Part or fails to comply with a condition of the permission, or
(b) the person absents himself or herself from the facility otherwise than in accordance with this Act.
(2) The person may be apprehended by any of the following persons--
(a) an authorised medical officer or any other suitably qualified person employed at the mental health facility,
(b) a police officer,
(c) a person authorised by the Minister or the authorised medical officer,
(d) a person assisting a person referred to in paragraph (a), (b) or (c).
(3) A person who is apprehended is to be conveyed to and detained in the mental health facility from which the person absented himself or herself (whether directly or indirectly by way of another mental health facility).



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