Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 30

    (1)     Before a registered medical practitioner or mental health practitioner makes an Assessment Order in respect of a person, he or she must—

        (a)     to the extent that is reasonable in the circumstances—

              (i)     inform the person that he or she will be examined by the practitioner; and

              (ii)     explain the purpose of this examination to the person; and

        (b)     examine the person.

    (2)     A registered medical practitioner or mental health practitioner may make an Assessment Order in respect of a person if—

        (a)     the registered medical practitioner or mental health practitioner is satisfied that the criteria specified in section 29 apply to the person; and

        (b)     not more than 24 hours have passed since the registered medical practitioner or mental health practitioner examined the person.

    (3)     In determining whether the criteria specified in section 29 apply to the person, the registered medical practitioner or mental health practitioner may consider information communicated to the practitioner by a person other than the person being assessed.

    (4)     A registered medical practitioner or mental health practitioner may only make a person subject to an Inpatient Assessment Order if the practitioner is satisfied that assessment of the person cannot occur in the community.