Mental Health Act 2016

The administrator of an authorised mental health service may agree to a person’s detention in the service only if the administrator is satisfied the service has the capacity to detain the person for treatment and care.

Without limiting subsection (1), if the authorised mental health service is not a high security unit, the administrator must be satisfied the person’s detention in the service does not present an unreasonable risk to the safety of the person or others having regard to the following—

the person’s mental state and psychiatric history;

the person’s treatment and care needs;

the security requirements for the person.

If the person is a minor, the administrator of the service must not agree under this part to the minor’s detention in a high security unit unless the chief psychiatrist has given prior written approval of the giving of the agreement.

In deciding whether to give the approval, the chief psychiatrist must have regard to the following—

the minor’s mental state and psychiatric history;

the minor’s treatment and care needs;

the security requirements for the minor.

As soon as practicable after deciding to give the approval, the chief psychiatrist must give a copy of the written approval to the administrator.