Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 59

59 .         Detention at place outside metropolitan area

        (1)         This section applies if —

            (a)         the person is referred for an examination at a place that is outside a metropolitan area; and

            (b)         it is not practicable to complete the examination within the 24-hour period referred to in section 58(1)(b).

        (2)         A medical practitioner or authorised mental health practitioner at the place may make an order authorising the continuation of the person’s detention at the place, to enable the examination to be completed, for up to an additional 48 hours from the end of the 24-hour period.

        (3)         The order 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 the continuation;

            (d)         the name, qualifications and signature of the practitioner making it.

        (4)         The practitioner who makes the order must, as soon as practicable, file it and give a copy to the person.

        (5)         The practitioner who makes the order 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.

        (6)         The person cannot continue to be detained if, by the end of the additional 48-hour period —

            (a)         the examination has not been completed; or

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



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