Western Australian Current Acts Western Australian Current Acts (1) A medical
practitioner or authorised mental health practitioner may make an order
authorising the person’s detention for up to 24 hours from the time when
the order is made if satisfied that the person needs to be detained to enable
the person to be taken to the authorised hospital or other place.
(2) A medical
practitioner or authorised mental health practitioner may, immediately before
the end of the period of detention authorised under subsection (1) or any
further period of detention authorised under this subsection in respect of the
person, make an order authorising the continuation of the person’s
detention for up to 24 hours from the end of that period to enable the person
to be taken to the authorised hospital or other place.
(3) The person cannot
be detained under orders made under this section for a continuous period of
more than —
(a) if
the place where the referral is made is in a metropolitan area — 72
hours; or
(b) if
the place where the referral is made is outside a metropolitan area —
144 hours.
(4) A practitioner
cannot make an order under subsection (2) in respect of the person unless
—
(a)
immediately before making the order, the practitioner assesses the person; and
(b) as a
consequence, the practitioner is satisfied that the person still needs to be
detained to enable the person to be taken to the authorised hospital or other
place.
(5) Subdivision 4
applies in relation to an assessment required by subsection (4)(a).
(6) An order made
under this section must be in the approved form and must include the following
—
(a) the
date and time when it is made;
(b) the
date and time when it expires;
(c) the
reasons for making it;
(d) the
name, qualifications and signature of the practitioner making it.
(7) A practitioner who
makes an order under this section in respect of the person must, as soon as
practicable, file it and give a copy to the person.
(8) The making of an
order under this section is an event to which Part 9 applies and the
practitioner who makes the order is the person responsible under that Part for
notification of that event.
(9) A practitioner who
makes an order under this section in respect of the person must ensure that
the person has the opportunity and the means to contact any carer, close
family member or other personal support person of the person, a health
professional who is currently providing the person with treatment and the
Chief Mental Health Advocate —
(a) as
soon as practicable after the order is made; and
(b) at
all reasonable times while the person is detained under the order.
(10) The person cannot
continue to be detained if, by the end of a period of detention authorised
under this section in respect of the person —
(a) the
person has not been taken to the authorised hospital or other place; and
(b) an
order under subsection (2) authorising the continuation of the person’s
detention from the end of the period has not been made or, because of
subsection (3), cannot be made; and
(c) the
person has not been apprehended under a transport order made under
section 29(1).
(11) The person cannot
continue to be detained if the referral expires before the person is taken to
the authorised hospital or other place.
(12) The release of a
person because of subsection (10) or (11) is an event to which Part 9 applies
and a medical practitioner or authorised mental health practitioner is the
person responsible under that Part for notification of that event.