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Contents (2007 - 8)
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Mental Health Act 2007 No 8
Current version for 28 November 2018 to date (accessed 19 November 2019 at 23:43)
18   When a person may be detained in mental health facility
(1)  A person may be detained in a declared mental health facility in the following circumstances:
(a)  on a mental health certificate given by a medical practitioner or accredited person (see section 19),
(b)  after being brought to the facility by an ambulance officer (see section 20),
(c)  after being apprehended by a police officer (see section 22),
(d)  after an order for an examination and an examination or observation by a medical practitioner or accredited person (see section 23),
(e)  on the order of a Magistrate or bail officer (see section 24),
(f)  after a transfer from another health facility (see section 25),
(g)  on a written request made to the authorised medical officer by a designated carer, the principal care provider, a relative or friend of the person (see section 26).
(2)  A person may be detained, under a provision of this Part, in a health facility that is not a declared mental health facility if it is necessary to do so to provide medical treatment or care to the person for a condition or illness other than a mental illness or other mental condition.
(3)  In this Act, a reference to taking to and detaining in a mental health facility includes, in relation to a person who is at a mental health facility, but not detained in the mental health facility in accordance with this Act, the detaining of the person in the mental health facility.
Note.
 A person taken to and detained in a mental health facility must be provided with certain information, including a statement of the person’s rights (see section 74).