Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 808

808 Emergency examination order

(1) Subsections (2) to (4) apply if, immediately before the commencement, a police officer or an ambulance officer was taking a person to an authorised mental health service under the repealed Act, section 34.

(2) The repealed Act, sections 35 and 36 continue to apply in relation to the persons mentioned in subsection (1) as if the new Act had not commenced.

(3) On examination of a person under the repealed Act as applied under subsection (2), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.

(4) The recommendation for assessment is a recommendation for assessment made under the new Act, section 39.

(5) Subsections (6) to (8) apply if, immediately before the commencement, a person—

(a) was being taken to an authorised mental health service under the repealed Act, section 39 by a psychiatrist, police officer or ambulance officer; or

(b) was being detained in an authorised mental health service under the repealed Act, section 40.

(6) The repealed Act, sections 39 and 40 continue to apply in relation to the persons mentioned in subsection (5).

(7) On examination of a person under the repealed Act as applied under subsection (6), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.

(8) The recommendation for assessment is a recommendation for assessment made under the new Act, section 39.

(9) The repealed Act, section 41 continues to apply in relation to a person the subject of an examination mentioned in this section.