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MENTAL HEALTH ACT 2016 - SECT 45
Detention for assessment
45 Detention for assessment
(1) If a person subject to a recommendation for assessment is to be assessed
in an authorised mental health service or public sector health service
facility, the person may be detained for assessment in the service or facility
for a period of not more than 24 hours starting— (a) if the person is at the
service or facility when the recommendation for assessment is made—when the
recommendation is made; or
(b) otherwise—when the person first attends at
the service or facility for the assessment.
(2) The authorised doctor making
the assessment of the person may extend, or further extend, the period under
subsection (1) before it ends to a period of not more than 72 hours after it
starts if the authorised doctor considers the extension is necessary to carry
out or finish the assessment.
(3) If, at any time during the period mentioned
in subsection (1) , or extended under subsection (2) , the authorised doctor
making the assessment makes a decision on the assessment, the period for which
the person may be detained for assessment ends.
(4) The period under this
section for which the person may be detained for assessment is the
"assessment period" for the person.
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