New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 40

Termination of detention

40 Termination of detention

(1) If, at any time before a person is brought before a Magistrate under section 38, the medical superintendent is of the opinion:
(a) that the person has ceased to be a mentally ill person or a mentally disordered person, or
(b) that other care of a less restrictive kind is appropriate and reasonably available to the person,
the medical superintendent must release the person from detention in the hospital.
(1A) If, at any time before a person is brought before a Magistrate under section 38, the medical superintendent is of the opinion that the person has ceased to be a mentally ill person but is a mentally disordered person, the person must not be further detained for a period of more than 3 days (not including weekends and public holidays).
(2) A medical superintendent may, immediately on releasing a person, admit that person as an informal patient.



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