New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 52

52 Result of finding that person is not mentally ill

(1) If, after holding an inquiry, a Magistrate is not satisfied that on the balance of probabilities a person is a mentally ill person, the Magistrate must order that the person be discharged from the hospital in which the person is detained and any such order has effect according to its tenor.

(2) The Magistrate may, if the Magistrate thinks it in the interests of the person to do so, defer the operation of an order for the discharge of a person for a period not exceeding 14 days.

(3) Nothing in this section prevents the Magistrate from making a community counselling order in respect of the person.