Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 58

58 .         Detention for examination

        (1)         The person —

            (a)         must be received into the place unless subsection (2) applies; and

            (b)         can be detained there, to enable the examination to be conducted, for up to 24 hours from the time when the person is received.

        (2)         The person cannot be received into the place if the referral has expired.

        (3)         The person in charge of the place 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 person is received into the place; and

            (b)         at all reasonable times while the person is detained there under subsection (1)(b).

        (4)         The person cannot continue to be detained if, by the end of the 24-hour period referred to in subsection (1)(b) —

            (a)         either —

                  (i)         the examination has not been completed; or

                  (ii)         the examination has been completed but an order has not been made under section 61(1) in respect of the person;

                and

            (b)         if the place is outside a metropolitan area — an order authorising the continuation of the person’s detention from the end of that period has not been made under section 59(2).



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