Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 353

Power to enter premises, apprehend and take person to a designated mental health service

    (1)     This section applies if a provision of this Act provides for a person to be taken to or from a designated mental health service or any other place.

    (2)     For the purposes of this section, an authorised person may—

        (a)     enter any premises at which the authorised person has reasonable grounds for being satisfied that the person may be found; and

        (b)     apprehend the person for the purpose of the person being taken to a designated mental health service.

    (3)     Before an authorised person enters any premises under this section, the authorised person must—

        (a)     announce to any person at or in the premises that the authorised person is authorised to enter the premises; and

        (b)     state the basis of the authority to enter; and

        (c)     give any person at or in the premises an opportunity to permit the authorised person to enter the premises.

    (4)     An authorised person may use reasonable force to gain entry to the premises if the authorised person is not permitted entry under subsection (3)(c).

    (5)     On gaining entry into the premises, an authorised person must, to the extent that it is reasonable in the circumstances—

        (a)     identify himself or herself to the person who is to be apprehended; and

        (b)     explain to the person why he or she is to be apprehended; and

        (c)     give the person the details of the place to which he or she will be taken.

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