Public Health Act 2005

This section applies if an ambulance officer or police officer believes—

a person’s behaviour, including, for example, the way in which the person is communicating, indicates the person is at immediate risk of serious harm; and

the risk appears to be the result of a major disturbance in the person’s mental capacity, whether caused by illness, disability, injury, intoxication or another reason; and

the person appears to require urgent examination, or treatment and care, for the disturbance.

For the Police Powers and Responsibilities Act 2000, section 609(1)(a)(i), the police officer may consider advice received from a health practitioner about the person in forming a view as to whether there is an imminent risk of injury to a person.

The ambulance officer or police officer may detain the person and transport the person to a treatment or care place.

If the treatment or care place is a public sector health service facility that is not an inpatient hospital, the person may only be transported to the facility with the approval of the person in charge of the facility.

If the person is detained and transported to a treatment or care place, other than a public sector health service facility, the person can not be detained at the place unless an Act otherwise requires.

In this section—