Mental Health Act 2016

This section applies if—

a person asks for, or consents to, an examination under section 31 by a doctor or authorised mental health practitioner in an authorised mental health service or public sector health service facility; and

after examining the person, the doctor or authorised mental health practitioner decides under section 39 to make a recommendation for assessment for the person; and

there is a risk the person will leave the authorised mental health service or public sector health service facility in which the person is being examined before the recommendation for assessment is made.

The doctor or authorised mental health practitioner may detain the person in the authorised mental health service or public sector health service facility for the period, of not more than 1 hour, reasonably necessary to make the recommendation for assessment.

The doctor or authorised mental health practitioner must record in the person’s health records—

the reasons for detaining the person under subsection (2); and

the duration of the detention.