Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 378

378 Issue of warrant

(1) A magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to an authorised mental health service or public sector health service facility for examination, assessment, or treatment and care.

(2) The warrant authorises an authorised person—

(a) to enter a place the authorised person reasonably believes the person is; and

(b) to search the place to find the person; and

(c) to remain in the place for as long as the authorised person considers it reasonably necessary to find the person; and

(d) to transport the person to a stated authorised mental health service or public sector health service facility.

Note—

For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 . Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 .

(3) The warrant must state—

(a) the person to whom the warrant applies; and

(b) that an authorised person may, with necessary and reasonable help and force, exercise—

(i) the powers under the warrant mentioned in subsection (2) ; and

(ii) the powers mentioned in division 5 ; and

(c) the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and

(d) the magistrate’s name; and

(e) the day and time of the warrant’s issue; and

(f) the day, within 7 days after the warrant’s issue, the warrant ends.

(4) An authorised person may exercise a power under the warrant with the help, and using the force, that is necessary and reasonable in the circumstances.