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MENTAL HEALTH ACT 2007 - SECT 38
Purpose and findings of reviews of involuntary patients
38 Purpose and findings of reviews of involuntary patients
(1) The Tribunal is, on a review of an involuntary patient, to determine
whether the patient is a mentally ill person for whom no other care (other
than care in a mental health facility) is appropriate and reasonably
available.
(2) For that purpose, the Tribunal is to do the following-- (a)
consider any information before it,
(b) inquire about the administration of
any medication to the patient and take account of its effect on the patient's
ability to communicate.
(3) If the Tribunal determines that the patient is
not a mentally ill person, the patient must be discharged from the
mental health facility in which the patient is detained.
(4) If the Tribunal
determines that the patient is a mentally ill person and that no other care of
a less restrictive kind, that is consistent with safe and effective care, is
appropriate and reasonably available to the patient, the Tribunal must make an
order that the patient continue to be detained as an involuntary patient in a
mental health facility for further observation or treatment, or both.
(5) In
any other case that the Tribunal determines that a patient is a
mentally ill person, it must make an order that the patient be discharged from
the mental health facility in which the patient is detained and may make any
of the following orders-- (a) an order that the patient be discharged into the
care of a designated carer or the principal care provider of the person,
(b)
a community treatment order.
(6) The Tribunal may defer the operation of an
order for the discharge of a patient for a period of up to 14 days, if the
Tribunal thinks it is in the best interests of the patient to do so.
(7) An
order made by the Tribunal under this section is to be in the form approved by
the President.
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