New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 143

Effect of review by medical superintendent

143 Effect of review by medical superintendent

(1) If a medical superintendent, on reviewing the mental condition of an affected person under section 142, determines that the affected person is a mentally ill person or a mentally disordered person for whom no other care of a less restrictive kind is appropriate or reasonably available:
(a) in the case of a mentally ill person, a direction is to be taken to have been given under section 51 (3) for detention of the person in the hospital until the expiration of the community treatment order or the person is released under section 143A, whichever is the earlier, or
(b) in the case of a mentally disordered person, the person may be detained in accordance with section 35, but only until the community treatment order expires or the period of detention permitted by that section expires, whichever is the earlier.
(2) The affected person must be released from the hospital:
(a) if the medical superintendent 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 is appropriate and reasonably available to the person, or
(b) if the person is detained under this section and, at any time before expiration of the community treatment order, the medical superintendent decides that release from the hospital is appropriate,
but release from the hospital under this section does not affect the continuity of the community treatment order.
(3) An affected person may not be detained under this section after the expiration of the community treatment order, but this subsection does not affect the operation of any other provision of this Act.



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