New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 50

Matters which must be considered by Magistrate

50 Matters which must be considered by Magistrate

(1) In the course of the inquiry, the Magistrate must consider the reports and recommendations of the medical practitioners under sections 29 (Examination on detention at hospital) and 32 (Further examination at hospital) concerning the person in respect of whom the inquiry is held and must consider such other information as may be placed before the Magistrate.
(2) In the course of the inquiry, the Magistrate must inquire as to the administration of any medication to the person in respect of whom the inquiry is held and is to take account of the effect of the administration of the medication on the person's ability to communicate.
(3) In determining for the purposes of an inquiry whether a person brought before the Magistrate is a mentally ill person, the Magistrate is to have due regard:
(a) to any cultural factors relating to the person which may be relevant to the determination, and
(b) to any evidence given at the inquiry by an expert witness concerning the person's cultural background and its relevance to any question of mental illness.



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