Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 36

36 .         Referral for examination at authorised hospital

        (1)         This section applies if the voluntary inpatient is assessed by a medical practitioner or authorised mental health practitioner —

            (a)         because of an order made under section 34(1); or

            (b)         in the course of the voluntary inpatient’s treatment while admitted by the authorised hospital.

        (2)         The practitioner may refer the voluntary inpatient for an examination to be conducted by a psychiatrist at the authorised hospital if, having regard to the criteria specified in section 25, the practitioner reasonably suspects that the inpatient is in need of an involuntary treatment order.

        (3)         Subdivision 3 applies in relation to the referral of a voluntary inpatient under subsection (2).

        Notes for this section:

        1.         A voluntary patient who is referred under section 36(2) can be detained at the authorised hospital under section 53(1) to enable the voluntary patient to be examined.

        2.         Part 7 Division 4 applies in relation to the release of a voluntary patient who is detained under section 53(1).

        3.         Part 7 Division 5 applies if a voluntary patient who is detained under section 53(1) is absent without leave from the authorised hospital where the voluntary patient is detained.



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