The first prerequisite of s 22(1) of the Mental Health Act 2007 (NSW) — that a person 'appears to be mentally ill or mentally disturbed' — requires only a genuine subjective belief by the police officer, not an objective assessment. The undefined term 'mentally disturbed' is broader than the defined term 'mentally disordered person' in s 15 and does not require a psychiatric diagnosis. The standard of 'probable' in s 22(1)(a) may not require a 'more probable than not' assessment (per Basten JA), though this was not resolved by the full Court. A licence to enter premises for a welfare check does not extend to searching rooms. Exemplary damages require a finding of conscious and contumelious disregard for rights, not merely that the plaintiff was wrongly detained.
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