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MENTAL HEALTH ACT 2016 - SECT 32
Powers of doctor or authorised mental health practitioner
32 Powers of doctor or authorised mental health practitioner
(1) This section applies if a person is subject to an examination authority.
(2) A doctor or authorised mental health practitioner may— (a) enter a place
stated in the authority or another place in which the doctor or authorised
mental health practitioner considers the person may be found, and any other
place necessary for entry to either of those places, to find the person; and
(b) examine the person, without the person’s consent, at— (i) the place at
which the person is found; or
(ii) if the doctor or authorised mental health
practitioner considers it clinically appropriate—an authorised mental health
service or public sector health service facility; and
(c) detain the person
at the place at which the person is examined— (i) if the place is an
authorised mental health service or public sector health service
facility—for a period, of not more than 6 hours, starting when the person
first attends at the service or facility for the examination; or
(ii)
otherwise—for a period, of not more than 1 hour, starting when the person is
found at the place.
(3) If subsection (2) (b) (ii) applies to the person, an
authorised person may transport the person to the authorised mental health
service or public sector health service facility for the examination.
(4) The
doctor or authorised mental health practitioner examining the person may
extend, or further extend, the period under subsection (2) (c) (i) before it
ends if the doctor or authorised mental health practitioner considers the
extension is necessary to carry out or finish the examination.
(5) An
extension under subsection (4) may be for a period, of not more than 12 hours,
starting when the person first attends at the service or facility for the
examination.
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