Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 8 July 2020 at 00:56) Current version
Chapter 3 Part 1 Section 12
12   General restrictions on detention of persons
(1)  A patient or other person must not be involuntarily admitted to, or detained in or continue to be detained in, a mental health facility unless an authorised medical officer is of the opinion that:
(a)  the person is a mentally ill person or a mentally disordered person, and
(b)  no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person.
(2)  If an authorised medical officer is not of that opinion about a patient or other person at a mental health facility, the officer must refuse to detain, and must not continue to detain, the person.
(3)  An authorised medical officer may, immediately on discharging a patient or person who has been detained in a mental health facility, admit that person as a voluntary patient.