AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 27

Effect of assessment order

(1)  An assessment order is authority for the patient to be assessed, without informed consent, by an approved medical practitioner, to –
(a) confirm whether the patient meets the assessment criteria; and
(b) determine if the patient also meets the treatment criteria.
(2)  An assessment order is authority –
(a) for any MHO or police officer to take the patient under escort to ensure that he or she presents for assessment under the order; and
(b) if authorised to do so –
(i) by the terms of the order; or
(ii) by a medical practitioner under subsection (4)  –
for the patient to be admitted to an approved facility and, if necessary, detained in an approved facility for and in connection with that assessment.
(3)  For the purposes of subsection (2)  –
(a) the medical practitioner who makes the assessment order or any other medical practitioner may request that the patient be taken under escort (in which case the medical practitioner is to ensure that the escort is given a copy of the order); and
(b) the custody and escort provisions apply, and continue to apply for so long as the patient is subject to the assessment order.
(4)  Despite subsection (2)(b)(ii) , a medical practitioner is not to authorise 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.
(5)  An assessment order is not authority for a patient to be given any treatment.



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