AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 32

Affirmation or discharge of assessment order

(1)  This section applies once a patient who is subject to an assessment order has been independently assessed by an approved medical practitioner.
(2)  The approved medical practitioner must immediately affirm or discharge the assessment order.
(3)  To affirm the assessment order, the approved medical practitioner must be satisfied that –
(a) the patient meets the assessment criteria; and
(b) the order has not already been discharged.
(4)  If the approved medical practitioner affirms the assessment order, he or she may simultaneously extend its operation, once, by a period not exceeding 72 hours commencing from the time of affirmation.
(5)  The affirmation is to be effected by means of a signed instrument in writing in an approved form, and is invalid if not in that form.
(6)  The instrument of affirmation takes effect as soon as it is signed.
(7)  If the approved medical practitioner affirms the assessment order, the procedure in section 33 is to be followed.
(8)  If the approved medical practitioner discharges the assessment order, the procedure in section 35(3) and (4) is to be followed.



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