AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 24

Making an assessment order

(1)  A medical practitioner may make an assessment order in respect of a person in, and only in, the following circumstances:
(a) .  .  .  .  .  .  .  .  
(b) .  .  .  .  .  .  .  .  
(c) the medical practitioner must have examined the person;
(d) the examination must have been done in the 24-hour period immediately before the assessment order is made;
(e) the medical practitioner must be satisfied from the examination that the person needs to be assessed against the assessment criteria;
(f) the medical practitioner must be satisfied that a reasonable attempt to have the person assessed, with informed consent, has failed or that it would be futile or inappropriate to make such an attempt.
(2)  A medical practitioner may make an assessment order authorising a patient's admission to and, if necessary, detention in an approved hospital.
(3)  Despite subsection (2) , a medical practitioner is not to make an assessment order authorising a patient who is a child to be admitted to and, if necessary, detained in an approved hospital unless the medical practitioner is satisfied that the hospital –
(a) has facilities and staff for the assessment of the patient; and
(b) is, in the circumstances, the most appropriate place available to accommodate the patient.
(4)  A medical practitioner may make an assessment order without having received an application for the order.



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