Transport, detention and examination of person under court examination order
670 Transport, detention and examination of person under court examination order
This section applies if the Mental Health Court makes a court examination order for a person the subject of a proceeding before the court.
For examining the person, the order may authorise an authorised person to transport the person to an inpatient unit of a stated authorised mental health service.
Note—
For the powers of an authorised person when detaining and transporting a person, see chapter 11, part 6, division 5.
However, the court may make an order under subsection (2) only if the court is satisfied there is no other reasonably practicable way to ensure a thorough examination of the person’s mental condition.
The person may be detained in the authorised mental health service for the examination for—
if the order states a period of more than 3 days—the stated period; or
otherwise—not more than 3 days.
The examining practitioner may examine the person without the consent of the person or anyone else.
Also, the examining practitioner, or anyone lawfully helping the examining practitioner, may use the force that is necessary and reasonable in the circumstances to examine the person.
This Act’s bill:Explanatory memorandumSecond reading speech
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