New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 111

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

(1) Without limiting section 109, the authorised medical officer of a mental health facility may apprehend a person, or direct a person to be apprehended, if the person fails to return to the facility at the end of a period of leave of absence granted under this Part or fails to comply with a condition to which that grant of leave was subject.

(2) The person may be apprehended by any of the following persons--

(a) the 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 Secretary or the authorised medical officer,

(d) a person assisting a person referred to in paragraph (a), (b) or (c).

(3) The authorised medical officer may request that a police officer apprehend, or assist in apprehending, a person under this section if the authorised medical officer is of the opinion that there are serious concerns relating to the safety of the person or other persons if the person is taken to the mental health facility without the assistance of a police officer.

(4) A police officer to whose notice the request is brought may--

(a) apprehend and take or assist in taking the person to the mental health facility, or

(b) cause or make arrangements for some other police officer to do so.

(5) A police officer may enter premises to apprehend a person under this section, and may apprehend the person, without a warrant and may exercise any of the powers conferred on a person who is authorised under section 81 of the Mental Health Act 2007 to take a person to a mental health facility.

(6) A person who is apprehended under this section is to be conveyed to and detained at the mental health facility at which the person was detained immediately before the period of leave commenced.

(7) The authorised medical officer must notify the Tribunal if--

(a) the authorised medical officer directs a person to be apprehended under this section, or

(b) a person is apprehended under this section.