New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 21

21 Detention on certificate of medical practitioner or accredited person

(1) A person may be taken to and detained in a hospital (other than an authorised hospital) on the certificate of a medical practitioner or an accredited person:

(a) who has personally examined or personally observed the person immediately before or shortly before completing the certificate, and

(b) who is of the opinion that the person is a mentally ill person or a mentally disordered person, and

(c) who is satisfied that no other appropriate means for dealing with the person are reasonably available, and that involuntary admission and detention are necessary, and

(d) who is not a near relative of the person.

(2) The certificate is to be in the form set out in Part 1 of Schedule 2.

(3) A medical practitioner or an accredited person who gives any such certificate and who has (directly or indirectly) a pecuniary interest in any authorised hospital, or has a near relative, partner or assistant who has such an interest, must, on giving the certificate, disclose that fact and give particulars of the interest in the certificate.

(4) A person may not be admitted to or detained in a hospital on a certificate:

(a) certifying that the person is a mentally ill person--unless the person is so admitted within 5 days after the day on which the certificate is given, or

(b) certifying that the person is a mentally disordered person--unless the person is so admitted within 1 day after the day on which the certificate is given.