Western Australian Current Acts

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MENTAL HEALTH ACT 2014 - SECT 95

95 .         Person must be allowed to leave

        (1)         This section applies whenever a person cannot continue to be detained at a hospital or other place for a reason referred to in section 94.

        (2)         A person in charge of the hospital or other place must ensure that, as soon as practicable —

            (a)         the person is advised in writing by a medical practitioner or mental health practitioner that the person cannot continue to be detained for that reason; or

            (b)         if the person leaves the hospital or other place before a medical practitioner or mental health practitioner can comply with paragraph (a) — a record of the time when the person left the hospital or other place is filed.

        (3)         The person must be allowed to leave the hospital or other place unless the person’s detention at the hospital or other place is authorised —

            (a)         for another reason referred to in section 94; or

            (b)         under section 96.

        (4)         The practitioner who provides the advice referred to in subsection (2)(a) must file a copy of the advice.



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