New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) This section applies to 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 and who is, by virtue of section 36, to be dealt with in accordance with this section.
(2) If a police officer is present at the hospital to ascertain the results of any examination or examinations when the decision not to certify a person is made or the relevant opinions or opinion are or is known to the medical superintendent, the medical superintendent must release the person into the custody of the police officer.
(3) If a police officer is not so present, the medical superintendent must, as soon as practicable after that decision is made or the relevant opinions or opinion are or is known to the medical superintendent, notify a police officer at the police station nearest to the hospital, or a police station nominated for the purposes of this section by the Commissioner of Police, that the person will not be further detained.
(4) It is the duty of the police officer notified by the medical superintendent to ensure that a police officer attends the hospital and apprehends the person as soon as practicable after the notification.
(5) The medical superintendent must detain the person pending the apprehension of the person by a police officer.