Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT 2014 - SECT 62

62 .         Detention to enable person to be taken to hospital

        (1)         A medical practitioner or authorised mental health practitioner may make an order authorising the continuation of the person’s detention for up to 24 hours from the time when the order under section 61(1)(a) or (c) is made if satisfied that the person needs to be detained to enable the person to be taken to the hospital.

        (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 hospital.

        (3)         A person cannot be detained under orders made under this section for a continuous period of more than 72 hours.

        (4)         A medical practitioner or authorised mental health 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 hospital.

        (5)         Division 2 Subdivision 4 applies in relation to the conduct of 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 the continuation;

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

        (7)         A practitioner who makes an order under this section in respect of a person must, as soon as practicable, file it and give a copy to the person.

        (8)         A practitioner who makes an order under this section in respect of a 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 it is made; and

            (b)         at all reasonable times while the person is detained under it.

        (9)         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 hospital; and

            (b)         the person has not been apprehended under a transport order made under section 63(1); and

            (c)         an order under subsection (2) authorising the continuation of the person’s detention from the end of that period has not been made or, because of subsection (3), cannot be made.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback