New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 38

Notice of inquiry and other matters

38 Notice of inquiry and other matters

(1) A medical superintendent must, after receiving advice under section 33 (1) that a person is a mentally ill person or that a person detained under section 29 as a mentally ill person is a mentally disordered person, and after complying with this section, bring the person before a Magistrate as soon as practicable.
(2) On receiving advice under section 33 (1), the medical superintendent must:
(a) inform the person in respect of whom the advice is furnished of the medical superintendent's duty to do all such things as are reasonably practicable to give notice as referred to in subsection (3), and
(b) obtain, or make all reasonable efforts to obtain, from the person the information required to enable the giving of that notice.
(3) The medical superintendent must, in accordance with the regulations, do all such things as are reasonably practicable to give notice to the following persons of the medical superintendent's intention to bring the person in respect of whom any such advice is furnished before a Magistrate:
(a) the nearest relative, if there is one, of the person or a relative nominated by the person,
(b) the person's guardian, if any,
(c) any personal friend or friends of the person, up to 2 in number.
(4) Notice need not be given to the nearest relative or any personal friend of the person if the person objects to it being given.



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