Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 26

26 .         Referral for examination at authorised hospital or other place

        (1)         A medical practitioner or authorised mental health practitioner may refer a person under subsection (2) or (3)(a) for an examination conducted by a psychiatrist if, having regard to the criteria specified in section 25, the practitioner reasonably suspects that —

            (a)         the person is in need of an involuntary treatment order; or

            (b)         if the person is under a community treatment order — the person is in need of an inpatient treatment order.

        (2)         The practitioner may refer the person for an examination to be conducted by a psychiatrist at an authorised hospital.

        (3)         The practitioner —

            (a)         may refer the person for an examination to be conducted by a psychiatrist at a place that is not an authorised hospital if, in the practitioner’s opinion, it is an appropriate place to conduct the examination having regard to the guidelines published under section 547(1)(b) for that purpose; and

            (b)         if the practitioner refers the person under paragraph (a) — must make any arrangements that are necessary to enable the examination to be conducted at that place.

        (4)         Subdivision 3 applies in relation to the referral of a person under subsection (2) or (3)(a).

        (5)         Sections 27 to 30 apply in relation to a person who is referred under subsection (2) or (3)(a).

        Notes for this section:

        1.         A person who is referred under section 26(2) or (3)(a) can be detained under an order made under section 28(1) or (2) to enable the person to be taken to the authorised hospital or other place and can be detained there under section 52(1)(b) or 58(1)(b) to enable the person to be examined.

        2.         Part 7 Division 4 applies in relation to the release of a person who is detained under section 28(1) or (2), 52(1)(b) or 58(1)(b).

        3.         Part 7 Division 5 applies if a person who is detained under section 28(1) or (2), 52(1)(b) or 58(1)(b) is absent without leave from the authorised hospital or other place where the person is be detained.



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