Action before exercising powers
38 Action before exercising powers
Before exercising a power under section 36 in relation to a person, a doctor or authorised mental health practitioner must do or make a reasonable attempt to do the following—
identify himself or herself to the person;
tell the person a recommendation for assessment will be made;
explain to the person, in general terms, the nature and effect of a recommendation for assessment;
explain to the person that the person will be detained 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;
give the person an opportunity to allow the doctor or health practitioner to make the recommendation for assessment without detaining the person.
This Act’s bill:Explanatory memorandumSecond reading speech
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