Mental Health and Related Services Act 1998

(1) An authorised psychiatric practitioner must examine a person admitted as an involuntary patient on the grounds of mental disturbance:

(a) not less than once every 24 hours, if the person is detained under section 42(1); or

(b) not less than once every 72 hours, if the person is detained under section 42(2) or 123(5)(b).

(2) Following the examination, if the authorised psychiatric practitioner is satisfied that the person:

(a) fulfils the criteria for involuntary admission on the grounds of mental illness, the authorised psychiatric practitioner must admit the person as an involuntary patient on those grounds; or

(b) fulfils the criteria for involuntary admission on the grounds of complex cognitive impairment, the authorised psychiatric practitioner must:

(ii) notify an authorised officer within one day after the examination; or

(c) fulfils the criteria for involuntary treatment in the community, the authorised psychiatric practitioner must make an interim community management order in relation to the person; or

(d) does not fulfil the criteria for involuntary admission on the grounds of mental illness or mental disturbance, or for involuntary treatment in the community, the authorised psychiatric practitioner must release the person.

Note for subsection (2)(b)

Under Part 6, Division 4, an application may be made by an authorised psychiatric practitioner and authorised officer for involuntary admission on the grounds of complex cognitive impairment.

(2A) Following an examination under subsection (1)(a), if the authorised psychiatric practitioner is satisfied the person fulfils the criteria for involuntary admission on the grounds of mental disturbance, the practitioner must continue to detain the person under section 42(1).

(2B) Following an examination under subsection (1)(b), if the authorised psychiatric practitioner is satisfied section 42(2)(a) to (c) applies to the person, the practitioner must continue to detain the person under section 42(2).

(3) An authorised psychiatric practitioner who took an action under subsection (2), (2A) or (2B) must make a note in the person's case notes of the reason for taking the action.

(4) If an authorised psychiatric practitioner considers a person to be released under subsection (2)(d) may cause serious harm to someone else on release, the practitioner must, at least 12 hours before the person's release, notify:

(a) the Commissioner of Police or a police officer nominated by the Commissioner for this subsection; and