Part 2Part 2 Involuntary admission to hospitals
Division 1 Admission to and detention in hospitals
20 Detention of persons generally
A person must not be admitted to, or detained in or continue to be detained in, a hospital under this Part unless the medical superintendent is of the opinion that no other care of a less restrictive kind is appropriate and reasonably available to the person.
21 Detention on certificate of medical practitioner or accredited person
(1) A person may be taken to and detained in a hospital (other than an authorised hospital) on the certificate of a medical practitioner or an accredited person:(a) who has personally examined or personally observed the person immediately before or shortly before completing the certificate, and(b) who is of the opinion that the person is a mentally ill person or a mentally disordered person, and(c) who is satisfied that no other appropriate means for dealing with the person are reasonably available, and that involuntary admission and detention are necessary, and(d) who is not a near relative of the person.(2) The certificate is to be in the form set out in Part 1 of Schedule 2.(3) A medical practitioner or an accredited person who gives any such certificate and who has (directly or indirectly) a pecuniary interest in any authorised hospital, or has a near relative, partner or assistant who has such an interest, must, on giving the certificate, disclose that fact and give particulars of the interest in the certificate.(4) A person may not be admitted to or detained in a hospital on a certificate:(a) certifying that the person is a mentally ill person—unless the person is so admitted within 5 days after the day on which the certificate is given, or(b) certifying that the person is a mentally disordered person—unless the person is so admitted within 1 day after the day on which the certificate is given.
(1) A medical practitioner or an accredited person who gives a certificate under section 21 in relation to a person, and who is of the opinion that there are serious concerns relating to the safety of the person or other persons if the person is taken to a hospital (other than an authorised hospital) without the assistance of a member of the Police Force, may endorse the certificate in the form set out in Part 2 of Schedule 2.(2) A member of the Police Force to whose notice any such endorsement is brought must, as soon as practicable:(a) apprehend and take or assist in taking the person in respect of whom the certificate is given to a hospital (other than an authorised hospital), or(b) cause or make arrangements for some other member of the Police Force to apprehend or take or assist in taking the person to a hospital (other than an authorised hospital).(3) A member of the Police Force may enter premises, if need be by force, for the purpose of apprehending any such person, and may apprehend any such person, without a warrant.
23 Detention on request of relative or friend
(1) A person may be detained in a hospital (other than an authorised hospital) on a written request made by a relative or friend of the person to the medical superintendent.(2) The medical superintendent may not detain any such person unless the medical superintendent is satisfied that, because of the distance required to be travelled in order to have the person examined by a medical practitioner and the urgency of the circumstances, it is not reasonably practicable to seek to have the person detained under section 21.
24 Detention after apprehension by police
(1) If a member of the Police Force finds a person in any place who appears to be mentally disturbed and the member of the Police Force has reasonable grounds for believing:(a) that the person is committing or has recently committed an offence and that it would be beneficial to the welfare of the person that the person be dealt with in accordance with this Act rather than otherwise in accordance with law, or(b) that the person has recently attempted to kill himself or herself or any other person or that it is probable that the person will attempt to kill himself or herself or any other person or attempt to cause serious bodily harm to himself or herself or any other person,the member of the Police Force may apprehend the person and take the person to a hospital (other than an authorised hospital).(2) A member of the Police Force may apprehend any such person without a warrant.
25 Detention on order of court
A person may be taken to and detained in a hospital (other than an authorised hospital) in accordance with an order made under section 33 of the Mental Health (Criminal Procedure) Act 1990.
26 Detention on information of welfare officer
A person may be detained in a hospital (other than an authorised hospital) if the person is accompanied to the hospital by a welfare officer who, in writing, informs the medical superintendent that the welfare officer believes the person to be a mentally ill person or a mentally disordered person.
27 Detention following order for medical examination or observation
(1) If the appropriate person is satisfied, by evidence on oath:(a) that a person may be a mentally ill person or a mentally disordered person, and(b) that, because of physical inaccessibility, the person could not, but for the making of an order under this section, be personally examined or personally observed,the appropriate person may, by order, authorise a medical practitioner or an accredited person and any other person (including a member of the Police Force) who may be required to assist the medical practitioner or accredited person to visit and to personally examine or personally observe the person.(2) A person so authorised may enter premises, if need be by force, in order to enable the examination or observation to be carried out.(3) A person who is examined or observed in accordance with this section may be detained in accordance with section 21.(4) A medical practitioner or an accredited person authorised under this section is required to notify in writing the appropriate person who made the order of any action taken under the order as soon as practicable after the action is taken.(5) In this section, appropriate person includes a Magistrate and a person who is employed in the Attorney General’s Department and who is a person or a member of a class or description of persons prescribed for the purposes of this section.
The medical superintendent must refuse to detain a person under this Division if the medical superintendent is of the opinion that the person is not a mentally ill person or a mentally disordered person.
29 Examination on detention at hospital
(1) A person taken to and detained in a hospital under this Division must be examined, as soon as practicable (but not more than 12 hours) after the person’s arrival at the hospital, by the medical superintendent.(2) A person must not be detained (except as provided by section 37 or 37A) after the examination unless the medical superintendent certifies that, in the opinion of the medical superintendent, the person is a mentally ill person or a mentally disordered person.(3) A medical practitioner on whose certificate or request a person has been admitted to a hospital must not examine the person for the purposes of this section.
30 Information to be given to detained person
(1) The medical superintendent must, as soon as practicable after a person is taken to a hospital under this Division, give to the person an oral explanation and a written statement (in the form prescribed by the regulations) of the person’s legal rights and other entitlements under this Act.(2) The medical superintendent must, as soon as practicable after it is decided to do all such things as may be necessary to cause a person who is an informal patient to be detained in a hospital under this Division, give to the person an oral explanation and a written statement (in the form prescribed by the regulations) of the person’s legal rights and other entitlements under this Act.(3) If the medical superintendent is of the opinion that a person is not capable of understanding the explanation or statement when it is first given, another explanation or statement must be given to the person not later than 24 hours before an inquiry is held before a Magistrate in respect of the person.(4) The medical superintendent must, if the person is unable to communicate adequately in English but is able to communicate adequately in another language, arrange for an oral explanation under this section to be given in that other language.
(1) A person (including the medical superintendent of a hospital), in administering or authorising the administration of any medication to a person taken to and detained in a hospital under this Division:(a) must have due regard to the possible effects of the administration of the medication, and(b) must prescribe the minimum medication, consistent with proper care, to ensure that the person is not prevented from communicating adequately with any other person who may be engaged to represent the person at an inquiry under section 41 (Inquiry concerning detained person).(2) The medical superintendent of a hospital may, subject to this Act, give, or authorise the giving of, such treatment (including any medication) as the medical superintendent thinks fit to a person detained in the hospital in accordance with this Act.
32 Further examination at hospital
(1) If the medical superintendent has, under section 29, certified that a person is a mentally ill person or a mentally disordered person, the medical superintendent must, as soon as practicable after certifying the person, cause the person to be examined by another medical practitioner who is, if the medical superintendent is not a psychiatrist, a psychiatrist.(2) If the medical superintendent of a hospital (not being a medical officer, nominated by the medical superintendent, attached to the hospital) did not, under section 29, examine the person admitted to and detained in the hospital, the medical superintendent may, subject to subsection (1), be the examining medical practitioner referred to in that subsection.(3) If the medical practitioner who examines a person under subsection (1) is of the opinion that the person is not a mentally ill person or a mentally disordered person, the medical superintendent must, as soon as practicable after being notified of that opinion, cause the person to be examined by a medical practitioner who is a psychiatrist.(4) A medical practitioner on whose certificate or request a person has been admitted to a hospital may not examine the person for the purposes of this section.
33 Consequence of further examination
(1) If after examination under section 32 by a medical practitioner of a person taken to and detained in a hospital the medical practitioner is of the opinion that the person is a mentally ill person or a mentally disordered person, the medical practitioner must advise the medical superintendent accordingly in the prescribed form.(2) If after examination of a person under section 32 by 2 medical practitioners neither medical practitioner is of the opinion that the person is a mentally ill person or a mentally disordered person, the person must not (except as provided by section 37 or 37A) be further detained in the hospital.(3) A medical practitioner who furnishes advice under subsection (1) in respect of a person is wherever practicable required to be available, on reasonable notice, to attend an inquiry held under section 41 concerning the person in order to give evidence concerning the person.(4) A medical practitioner who furnishes advice under subsection (1) and who has (directly or indirectly) a pecuniary interest in any authorised hospital, or has a near relative, partner or assistant who has such an interest, must, on furnishing the advice, disclose that fact and give particulars of the interest in the advice.
34 Formation of opinion as to mental illness etc
The medical superintendent or other medical practitioner, in forming an opinion under section 29 or 32 as to whether a person is a mentally ill person or a mentally disordered person, may take into account, in addition to his or her own observations, any other available evidence which he or she considers reliable and relevant.
35 Limited detention of mentally disordered persons
(1) A person who has, under section 29, been certified to be a mentally disordered person and who has not subsequently, on examination under section 32, been found to be a mentally ill person must not be detained in the hospital for a continuous period of more than 3 days (not including weekends and public holidays).(2) The medical superintendent of a hospital must examine a mentally disordered person detained in the hospital at least once every 24 hours.(3) If, on examination of a person detained as a mentally disordered person or a mentally ill person, a medical superintendent is of the opinion that the person is not a mentally disordered person or a mentally ill person or that other care of a less restrictive kind is appropriate and reasonably available to the person, the person must not (except as provided by section 37 or 37A) be further detained in the hospital.(4) A person must not be admitted to and detained in a hospital on the grounds that the person is a mentally disordered person on more than 3 occasions in any 1 month.
36 Persons detained after apprehension by police or brought to hospital on Magistrate’s order
(1) This section applies:(a) to a person to whom section 24 (1) (a) applies who has been taken to a hospital under section 24, and(b) to a person who has been taken to and detained in a hospital pursuant to an order made under section 33 of the Mental Health (Criminal Procedure) Act 1990.(2) If, after examination under section 29 by the medical superintendent, the medical superintendent decides not to certify a person, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.(3) If, after examination of a person under section 32 by 2 medical practitioners, neither medical practitioner is of the opinion that the person is a mentally ill person or a mentally disordered person, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.(4) If, after examination of a person under section 35, the medical superintendent is not of the opinion that the person is a mentally disordered person or is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to the person, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.(5) If, at any time before an inquiry is held under section 41, the medical superintendent is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to a mentally ill person or a mentally disordered person, the person is to be dealt with in accordance with section 37 or 37A, in the case of a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital.
37 Limited detention of certain persons after examination at hospital
(1) This section applies to a person who is, by virtue of section 36, to be dealt with in accordance with this section.(2) If a member of the Police Force is present at the hospital to ascertain the results of any examination or examinations when the decision not to certify a person is made or the relevant opinions or opinion are or is known to the medical superintendent, the medical superintendent must release the person into the custody of the member of the Police Force.(3) If a member of the Police Force is not so present, the medical superintendent must, as soon as practicable after that decision is made or the relevant opinions or opinion are or is known to the medical superintendent, notify a member of the Police Force at the police station nearest to the hospital, or a police station nominated for the purposes of this section by the Commissioner of Police, that the person will not be further detained.(4) The medical superintendent may, subject to subsection (5), after having considered any matter communicated by a member of the Police Force as to the intended apprehension of the person by a member of the Police Force:(a) detain the person pending the apprehension of the person by a member of the Police Force, or(b) admit the person, pursuant to an application made by the person in accordance with Part 1, to the hospital as an informal patient, or(c) discharge the person, in so far as it may be possible to do so, into the care of a relative or friend of the person who is concerned for the welfare of the person or otherwise discharge the person.(5) A person may not be detained in a hospital for a period in excess of 1 hour after the decision not to certify the person is made or the relevant opinions or opinion are or is known to the medical superintendent.
37A Persons ordered to be brought back before court
(1) This section applies to a person who is ordered under section 33 (1) (b) of the Mental Health (Criminal Procedure) Act 1990 to be brought back before the court following assessment at a hospital if not detained at the hospital and who is, by virtue of section 36, to be dealt with in accordance with this section.(2) If a police officer is present at the hospital to ascertain the results of any examination or examinations when the decision not to certify a person is made or the relevant opinions or opinion are or is known to the medical superintendent, the medical superintendent must release the person into the custody of the police officer.(3) If a police officer is not so present, the medical superintendent must, as soon as practicable after that decision is made or the relevant opinions or opinion are or is known to the medical superintendent, notify a police officer at the police station nearest to the hospital, or a police station nominated for the purposes of this section by the Commissioner of Police, that the person will not be further detained.(4) It is the duty of the police officer notified by the medical superintendent to ensure that a police officer attends the hospital and apprehends the person as soon as practicable after the notification.(5) The medical superintendent must detain the person pending the apprehension of the person by a police officer.
Division 2 Inquiries relating to mentally ill persons
38 Notice of inquiry and other matters
(1) A medical superintendent must, after receiving advice under section 33 (1) that a person is a mentally ill person or that a person detained under section 29 as a mentally ill person is a mentally disordered person, and after complying with this section, bring the person before a Magistrate as soon as practicable.(2) On receiving advice under section 33 (1), the medical superintendent must:(a) inform the person in respect of whom the advice is furnished of the medical superintendent’s duty to do all such things as are reasonably practicable to give notice as referred to in subsection (3), and(b) obtain, or make all reasonable efforts to obtain, from the person the information required to enable the giving of that notice.(3) The medical superintendent must, in accordance with the regulations, do all such things as are reasonably practicable to give notice to the following persons of the medical superintendent’s intention to bring the person in respect of whom any such advice is furnished before a Magistrate:(a) the nearest relative, if there is one, of the person or a relative nominated by the person,(b) the person’s guardian, if any,(c) any personal friend or friends of the person, up to 2 in number.(4) Notice need not be given to the nearest relative or any personal friend of the person if the person objects to it being given.
The medical superintendent is to ensure that, so far as is reasonably practicable, a person in respect of whom advice under section 33 (1) is furnished is, when brought before the Magistrate, dressed in street clothes.
(1) If, at any time before a person is brought before a Magistrate under section 38, the medical superintendent is of the opinion:(a) that the person has ceased to be a mentally ill person or a mentally disordered person, or(b) that other care of a less restrictive kind is appropriate and reasonably available to the person,the medical superintendent must release the person from detention in the hospital.(1A) If, at any time before a person is brought before a Magistrate under section 38, the medical superintendent is of the opinion that the person has ceased to be a mentally ill person but is a mentally disordered person, the person must not be further detained for a period of more than 3 days (not including weekends and public holidays).(2) A medical superintendent may, immediately on releasing a person, admit that person as an informal patient.
41 Inquiry concerning detained person
(1) A Magistrate is required to hold an inquiry in respect of the person brought before the Magistrate under section 38.(2) The Magistrate may appoint a person to assist the Magistrate in respect of the inquiry and a person so appointed may appear before the Magistrate during the holding of the inquiry.(3) The medical superintendent who brings the person before the Magistrate is to make all such arrangements as may be necessary to ensure that all appropriate medical witnesses appear before the Magistrate and other relevant medical evidence concerning the person is placed before the Magistrate.(4) An inquiry is to be open to the public unless the person brought before the Magistrate or any representative of the person objects and the Magistrate upholds the objection.(5) A person brought before the Magistrate, being a person who is unable to communicate adequately in English but who is able to communicate adequately in another language, is entitled to be assisted, when appearing before the Magistrate, by a competent interpreter.
(1) The Magistrate may, from time to time, adjourn the inquiry for a period not exceeding 14 days.(2) Without limiting subsection (1), the Magistrate may adjourn the inquiry if the Magistrate is not satisfied:(a) that the person in respect of whom the inquiry is held has been informed of the duty imposed under section 38 on the medical superintendent relating to the giving of the notice specified in that section, or(b) that the notice specified in the section has been given or all such things as are reasonably practicable have been done to give that notice.(3) The Magistrate may adjourn an inquiry under this section only if:(a) the Magistrate is of the opinion that it is in the best interests of the person in respect of whom the inquiry is held to do so, and(b) the Magistrate has considered any certificates given under this Act available to the Magistrate.(4) If an inquiry is adjourned, the person in respect of whom the inquiry is held is to continue to be detained in the hospital unless the person is discharged or allowed to be absent from the hospital under another provision of this Act.
43 Representation and appearances at inquiries
(1) At an inquiry:(a) the person brought before the Magistrate is, unless the person decides that he or she does not want to be represented, to be represented by an Australian legal practitioner or, with the leave of the Magistrate, by another person of his or her choice, and(b) any other person appearing before the Magistrate may, with the leave of the Magistrate, be represented by an Australian legal practitioner.(2) A person who is the nearest relative, if there is one, the guardian or a personal friend of, or a relative nominated by, the person brought before the Magistrate may, with the leave of the Magistrate, appear at an inquiry.(3) A Magistrate may not grant leave under subsection (2) unless it would, in the opinion of the Magistrate, be in the best interests of the person brought before the Magistrate to do so.
(1) The name of a person who is involved in any inquiry before a Magistrate may not, except with the approval of the Magistrate and the consent of the person or any representative of the person, be published or broadcast.(2) A report (other than an official report) of any such inquiry may not include information which identifies or may lead to the identification of any person whose name is prohibited by this section from being published or broadcast.(3) A person must not:(a) publish or broadcast the name of a person whose name is prohibited by this section from being published or broadcast, or(b) publish or broadcast a report that contravenes this section.Maximum penalty: 50 penalty units.
45 Inspection etc of medical records
(1) A person brought before a Magistrate is, unless the Magistrate otherwise determines, entitled to inspect or otherwise have access to any medical records relating to the person in the possession of any other person.(2) A representative at an inquiry of a person brought before a Magistrate is entitled, at any time before or during the inquiry, to inspect or otherwise have access to any relevant medical records relating to that person in the possession of any other person.(3) Subject to any order or direction of the Magistrate, in relation to an inspection under subsection (2) of, or other access under that subsection to, any medical record relating to a person, if a medical practitioner warns the representative of the person that it may be harmful to communicate to the person, or any other person, specified information contained in those medical records:(a) the representative is to have full and proper regard to that warning, and(b) the representative is not obliged to disclose to the person any information obtained by virtue of the inspection or other access.(4) An order or direction of the Magistrate under this section has effect according to its tenor.
The Magistrate may administer an oath to any person giving evidence in an inquiry.
(1) A Magistrate holding an inquiry may on his or her own motion or on the application of a person brought before the Magistrate or a person given leave to appear under section 43 (2) issue a summons in the prescribed form requiring the person to whom the summons is addressed to do either or both of the following things:(a) to attend as a witness at the inquiry,(b) to attend at the inquiry and to produce any documents in the possession or under the control of the person relating to the inquiry and specified in the summons.(2) The regulations may make provision for or with respect to authorising compliance with a summons to produce any documents by the production of the documents at a place specified in the summons at any time before the inquiry at which the documents are required to be produced.(3) A person to whom a summons is addressed is entitled to receive:(a) if the summons was issued by the Magistrate on his or her own motion, from the principal officer of the hospital where the person to whom the inquiry relates is detained, or(b) if the summons was issued on the application of another person, from that other person,his or her reasonable costs, including any loss of earnings, incurred by the person in obeying the summons, calculated in accordance with the scales relating to summonses issued out of the District Court.(4) A person:(a) who is served with a summons addressed to the person under this section, and(b) to whom, at the time of service, is tendered an amount that is sufficient to cover the person’s travelling and other out-of-pocket expenses in attending the inquiry specified in the summons and producing anything required by the summons to be produced,must not, without cause, fail or refuse to obey the summons.Maximum penalty: 50 penalty units.
(1) Proceedings before a Magistrate in an inquiry are to be recorded but any such record which is made by means of shorthand, stenotype or sound-recording apparatus is not to be transcribed unless:(a) the Magistrate, on the application of the person brought before the Magistrate, is of the opinion that sufficient cause is shown to warrant the transcription of the record relating to the matter, or(b) the Magistrate directs that the record be transcribed, or(c) the transcription of the record is otherwise required by law.(2) Any transcription so made is, except as to such part, if any, of the transcription as is specified by the Magistrate, to be supplied to a person appearing before the Magistrate on payment of the prescribed fee.
49 Matters to be checked by Magistrate
(1) As soon as practicable after the beginning of an inquiry, the Magistrate is required to ask the person in respect of whom the inquiry is held whether the person:(a) has been given a written statement, in the prescribed form, of the person’s legal rights and other entitlements, as required by section 30, and(b) whether the person has been informed of the duty imposed under section 38 on the medical superintendent relating to the giving of the notice specified in that section.(2) As soon as practicable after the beginning of an inquiry, the Magistrate is required to ascertain from the medical superintendent whether the written statement and notice referred to in subsection (1) have been given or all such things as are reasonably practicable have been done to give that statement or notice, as the case requires.
50 Matters which must be considered by Magistrate
(1) In the course of the inquiry, the Magistrate must consider the reports and recommendations of the medical practitioners under sections 29 (Examination on detention at hospital) and 32 (Further examination at hospital) concerning the person in respect of whom the inquiry is held and must consider such other information as may be placed before the Magistrate.(2) In the course of the inquiry, the Magistrate must inquire as to the administration of any medication to the person in respect of whom the inquiry is held and is to take account of the effect of the administration of the medication on the person’s ability to communicate.(3) In determining for the purposes of an inquiry whether a person brought before the Magistrate is a mentally ill person, the Magistrate is to have due regard:(a) to any cultural factors relating to the person which may be relevant to the determination, and(b) to any evidence given at the inquiry by an expert witness concerning the person’s cultural background and its relevance to any question of mental illness.
51 Result of finding that person is mentally ill
(1) If, after holding an inquiry, a Magistrate is satisfied that on the balance of probabilities a person is a mentally ill person, the Magistrate must take the action set out in subsection (2) or subsection (3).(2) The Magistrate may order the discharge of the person to the care of a relative or friend who satisfies the Magistrate that the person will be properly taken care of or order such other course of action in respect of the person (including a community treatment order) as the Magistrate thinks fit.(3) If the Magistrate is of the opinion that no other care of a less restrictive kind is appropriate and reasonably available or that for any other reason it is not appropriate to take the action set out in subsection (2), the Magistrate must direct that the person be detained in, or admitted to and detained in, a hospital specified in the direction for further observation or treatment, or both, as a temporary patient for such period (not exceeding 3 months) as the Magistrate, having regard to all the circumstances of the case, specifies.(4) An order or direction made or given by a Magistrate under this section has effect according to its tenor.
52 Result of finding that person is not mentally ill
(1) If, after holding an inquiry, a Magistrate is not satisfied that on the balance of probabilities a person is a mentally ill person, the Magistrate must order that the person be discharged from the hospital in which the person is detained and any such order has effect according to its tenor.(2) The Magistrate may, if the Magistrate thinks it in the interests of the person to do so, defer the operation of an order for the discharge of a person for a period not exceeding 14 days.(3) Nothing in this section prevents the Magistrate from making a community counselling order in respect of the person.
(1) An order or direction of a Magistrate pursuant to an inquiry is to be recorded in the form of an instrument in writing and is to include the reasons for the order or direction.(2) Nothing in this section prevents a Magistrate from giving an order or direction orally.(3) An order or direction given orally by a Magistrate is to be recorded in accordance with this section.
54 Classification of persons as informal patients
A medical superintendent may, at any time before an inquiry under section 41 is held in respect of the person, classify a person admitted to and detained in a hospital under this Part as an informal patient but only if:(a) the patient, in the opinion of the medical superintendent, is likely to benefit from care or treatment as an informal patient, and(b) the patient agrees to being classified as an informal patient or is admitted in accordance with section 12 (2).
Division 3 Temporary patients and continued treatment patients
55 Notice of temporary patient’s rights of appeal
If a direction is given by a Magistrate under section 51 (3) in respect of a person, the medical superintendent of the hospital in which the person was detained immediately before the giving of the direction must, as soon as practicable after the direction is given, give or cause to be given to the person a statement, in a form approved by the Minister, of the rights of appeal conferred on the person, as a temporary patient, by or under this Act.
56 Bringing of certain temporary patients before the Tribunal
(1) If it appears that a temporary patient will, immediately before the expiration of the period of detention directed in respect of the patient under section 51, continue to be detained in a hospital as a temporary patient after the period has expired, the medical superintendent is required, as soon as practicable before the expiration of that period, to cause the patient to be brought before the Tribunal.(2) The medical superintendent is to ensure that, so far as is reasonably practicable, a temporary patient is, when brought before the Tribunal, dressed in street clothes.
57 Determination by the Tribunal
(1) If a temporary patient is brought before the Tribunal under section 56, the Tribunal must determine whether the patient is a mentally ill person.(2) In the course of making its determination, the Tribunal must inquire as to the administration of any medication to the temporary patient and is to take account of the effect of the administration of the medication on the patient’s ability to communicate and must consider such other information as may be placed before it.(3) If the Tribunal determines that the patient is a mentally ill person and is of the opinion that no other care of a less restrictive kind is appropriate and reasonably available to the patient, the Tribunal must determine whether the patient should be:(a) classified as a continued treatment patient and detained in a hospital for further observation or treatment, or both, or(b) detained in a hospital for further observation or treatment, or both, as a temporary patient for such period (not exceeding 3 months) as the Tribunal specifies in its determination.(4) If the Tribunal does not determine that the patient is a mentally ill person or is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to the patient, the patient must be discharged from the hospital in which the patient is detained.(5) If the Tribunal does not determine that a patient is a mentally ill person or forms an opinion referred to in subsection (4), the Tribunal may also defer the discharge of the patient for a period not exceeding 14 days.(6) A determination made by the Tribunal is to be in the prescribed form and has effect according to its tenor.
58 Further bringing of certain temporary patients before the Tribunal
(1) If it appears that a temporary patient will, immediately before the expiration of the period of detention determined in respect of the patient under section 57 (3) (b), continue to be detained in a hospital as a temporary patient, the medical superintendent is required, as soon as practicable before the expiration of that period, to cause the patient to be brought before the Tribunal.(2) The medical superintendent is to ensure that, so far as is reasonably practicable, a temporary patient is, when brought before the Tribunal, dressed in street clothes.
59 Further determination by the Tribunal
(1) If a temporary patient is brought before the Tribunal under section 58, the Tribunal must determine whether the patient is a mentally ill person.(2) In the course of making its determination, the Tribunal must inquire as to the administration of any medication to the temporary patient and is to take account of the effect of the administration of the medication on the patient’s ability to communicate and must consider such other information as may be placed before it.(3) If the Tribunal determines that the patient is a mentally ill person and is of the opinion that no other care of a less restrictive kind is appropriate and reasonably available to the patient, the Tribunal must classify the patient as a continued treatment patient.(4) If the Tribunal does not determine that the patient is a mentally ill person or is of the opinion that other care of a less restrictive kind is appropriate and reasonably available to the patient, the patient must be discharged from the hospital in which the patient is detained.(5) If the Tribunal does not determine that a patient is a mentally ill person or forms an opinion referred to in subsection (4), the Tribunal may also defer the discharge of the patient for a period not exceeding 14 days.(6) A determination made by the Tribunal is to be in a form approved by the Minister and has effect according to its tenor.