Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 34

Duration of an Assessment Order

    (1)     An Assessment Order comes into force when the Order is made and remains in force, unless the Assessment Order is extended in accordance with this section or revoked in accordance with section 37

        (a)     in the case of a Community Assessment Order, for a period of 24 hours; or

        (b)     in the case of an Inpatient Assessment Order for a period (whichever is the shorter)—

              (i)     ending 24 hours after the person who is subject to the Order is received at a designated mental health service in accordance with the Order; or

              (ii)     of 72 hours, if the person who is subject to the Order is not received at a designated mental health service.

    (2)     If, after examining the person who is subject to the Assessment Order, the authorised psychiatrist is not able to determine whether the treatment criteria apply to the person, the authorised psychiatrist may extend the duration of the Order for a period not exceeding 24 hours from the time that the Order is extended.

    (3)     The duration of an Assessment Order may not be extended more than twice in accordance with subsection (2).

    (4)     Before extending the duration of an Assessment Order under subsection (2), the authorised psychiatrist must examine the person who is subject to the Assessment Order.



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