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MENTAL HEALTH ACT 2007 - SECT 62
Discharge and detention of affected persons
62 Discharge and detention of affected persons
(1) An affected person detained in a declared mental health facility under
this Division must be discharged from the facility-- (a) if the
authorised medical officer determines that the person is not a
mentally ill person or a mentally disordered person or is of the opinion that
other care of a less restrictive kind, that is consistent with safe and
effective care, is appropriate and reasonably available to the person, or
(b)
if the authorised medical officer decides at any time that it is appropriate
to do so.
(2) An authorised medical officer may do all necessary things to
cause a person to be detained in a mental health facility under Part 2 at the
end of the term of a community treatment order if the officer considers the
person to be a mentally ill person.
(3) Any such person is taken to be
detained in the mental health facility under section 19 when the
authorised medical officer takes action to detain the person.
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