New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 36

Persons detained after apprehension by police or brought to hospital on Magistrate's order

36 Persons detained after apprehension by police or brought to hospital on Magistrate's order

(1) This section applies:
(a) to a person to whom section 24 (1) (a) applies who has been taken to a hospital under section 24, and
(b) to a person who has been taken to and detained in a hospital pursuant to an order made under section 33 of the Mental Health (Criminal Procedure) Act 1990 .
(2) If, after examination under section 29 by the medical superintendent, the medical superintendent decides not to certify a person, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.
(3) If, after examination of a person under section 32 by 2 medical practitioners, neither medical practitioner is of the opinion that the person is a mentally ill person or a mentally disordered person, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.
(4) If, after examination of a person under section 35, the medical superintendent is not of the opinion that the person is 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, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.
(5) If, at any time before an inquiry is held under section 41, the medical superintendent is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to a mentally ill person or a mentally disordered person, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.



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