Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 34

34 .         Person in charge of ward may order assessment

        (1)         The person in charge of the voluntary inpatient’s ward may make an order for an assessment of the voluntary inpatient by a medical practitioner or authorised mental health practitioner at the authorised hospital if —

            (a)         the voluntary inpatient wants to leave the authorised hospital against medical advice; and

            (b)         having regard to the criteria specified in section 25, the person in charge reasonably suspects that the voluntary inpatient is in need of an involuntary treatment order.

        (2)         The order must be in the approved form and must include the following —

            (a)         the date and time when it is made;

            (b)         the reasons for making it;

            (c)         the name, qualifications and signature of the person in charge.

        (3)         The voluntary inpatient can be detained under the order at the authorised hospital for up to 6 hours from the time when the order was made to enable the assessment to be conducted.

        (4)         The person in charge of the voluntary inpatient’s ward must, as soon as practicable, file the order and give a copy to the voluntary patient.

        (5)         The person in charge of the voluntary inpatient’s ward must ensure that the inpatient has the opportunity and the means to contact any carer, close family member or other personal support person of the inpatient, a health professional who is currently providing the inpatient 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 voluntary inpatient is detained under the order.

        (6)         Subdivision 4 applies in relation to an assessment ordered under subsection (1).

        (7)         The voluntary inpatient cannot continue to be detained if, by the end of the 6-hour period referred to in subsection (3) —

            (a)         the assessment has not been completed; or

            (b)         the assessment has been completed but a referral has not been made under section 36(2) in respect of the voluntary inpatient.



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