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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
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.