New South Wales Consolidated Acts

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MENTAL HEALTH ACT 2007 - SECT 23

Detention after order for medical examination or observation

23 Detention after order for medical examination or observation

(cf 1990 Act, s 27)

(1) A Magistrate or authorised officer may, by order, authorise a medical practitioner or accredited person to visit and to personally examine or personally observe a person to ascertain whether a mental health certificate should be issued for the person.
(2) An order may be made if the Magistrate or officer is satisfied, by evidence on oath, that--
(a) the person may be a mentally ill person or a mentally disordered person, and
(b) because of physical inaccessibility, the person could not otherwise be personally examined or personally observed.
(3) The order may also authorise any other person (including a police officer) who may be required to assist the medical practitioner or accredited person to accompany the medical practitioner or accredited person.
(4) A person authorised to visit a person or accompany another person may enter premises, if need be by force, in order to enable the examination or observation to be carried out.
(5) A person who is examined or observed under this section may be detained in accordance with section 19.
(6) A person who takes action under an order must, as soon as practicable after taking the action, notify the person who made the order in writing of the action.
(7) In this section--

"authorised officer" means an authorised officer within the meaning of the Criminal Procedure Act 1986 .



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