(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.