Where a guardian with legal authority to determine a person's place of residence tacitly acquiesces in the person's continued detention at a facility — by not demanding release, approving outings on the basis of return, and accepting the status quo pending alternative arrangements — this constitutes sufficient justification for the detention, notwithstanding the guardian's public statements that formal consent has not been given. An order under s 32 of the Mental Health (Criminal Procedure) Act 1990 (NSW) requiring attendance at a facility for assessment and treatment justifies detention only for a reasonable time for those purposes, not indefinitely.
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