Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 721

Tribunal may order examination

721 Tribunal may order examination

(1) The tribunal may order a relevant person to submit to an examination by a stated examining practitioner.
(2) If the proceeding is for a review under chapter 12 , the examining practitioner must not be responsible for the relevant person.
(3) The order must state the matters on which the examining practitioner must report to the tribunal.
(4) The order may, if the proceeding is for a review under chapter 12
(a) direct an authorised person to transport the relevant person immediately to the examining practitioner; or
Note—
For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .
(b) direct the relevant person to attend at the examining practitioner within a stated time, of not more than 28 days, after the order is made.
Note—
See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .
(5) The order authorises the examining practitioner to examine the relevant person without the person’s consent.
(6) The examining practitioner must give the tribunal a written report on the examination.
(7) In this section—

"relevant person" means—
(a) a person who is the subject of a proceeding for a review under chapter 12 ; or
(b) a person who is the subject of an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy; or
(c) a person who is the subject of an application under chapter 12 , part 10 , division 2 for approval of the transfer of the person out of Queensland.



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