New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 68

68 Discharge of certain patients on relative's or friend's application

(1) A relative or friend of a temporary patient or a continued treatment patient may, at any time, apply orally or in writing to the medical superintendent for the discharge of the patient.

(2) On receiving any such application, the medical superintendent may discharge the patient:

(a) if the relative or friend gives the medical superintendent an undertaking, in writing, that the patient will be properly taken care of, and

(b) if the medical superintendent is satisfied that adequate measures will, so far as is reasonably practicable, be taken to prevent the patient from causing harm to himself or herself or others, and

(c) if the patient is a person under guardianship within the meaning of the Guardianship Act 1987 --if the person's guardian consents to the application.