Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 130

130 .         Detention at place specified in order to attend

        (1)         This section applies in relation to an involuntary community patient who —

            (a)         attends a place in compliance with an order to attend; or

            (b)         is transported to a place under a transport order made under section 129(2).

        (2)         The involuntary community patient —

            (a)         must be received into the place; and

            (b)         can be detained at the place until the first of these things occurs —

                  (i)         treatment is provided to the involuntary community patient;

                  (ii)         the supervising psychiatrist makes an order under section 131(2)(a) in respect of the patient;

                  (iii)         the expiry of 6 hours from the time when the patient was received.

        (3)         A person prescribed by the regulations for this subsection is authorised to exercise the powers under section 172 for the purpose of detaining the involuntary community patient at the place.

        (4)         The involuntary community patient cannot continue to be detained if, by the end of the 6-hour period referred to in subsection (2)(b)(iii) —

            (a)         treatment has not been provided to the involuntary community patient; and

            (b)         the supervising psychiatrist has not made an order under section 131(2)(a) in respect of the involuntary community patient.

        (5)         The release of a person because of subsection (4) is an event to which Part 9 applies and the person in charge of the place is the person responsible under that Part for notification of that event.

        Notes for this section:

        1.         Part 7 Division 4 applies in relation to the release of an involuntary community patient who is detained at a place under section 130(2)(b).

        2.         Part 7 Division 5 applies if an involuntary community patient is absent without leave from the place where the patient can be detained under section 130(2)(b).



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