Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 13 July 2020 at 02:39) Current version
Chapter 3 Part 2
Part 2 Involuntary detention and treatment in mental health facilities
Division 1 Preliminary
17   Definitions
In this Part:
assessable person means a person detained in a declared mental health facility for whom a mental health inquiry is required to be held under this Part.
mental health certificate means a certificate given under section 19.
Division 2 Admission to and initial detention in mental health facilities
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 primary carer, 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).
19   Detention on certificate of medical practitioner or accredited person
(cf 1990 Act, s 21)
(1)  A person may be taken to and detained in a declared mental health facility on the basis of a certificate about the person’s condition issued by a medical practitioner or accredited person. The certificate is to be in the form set out in Part 1 of Schedule 1.
(2)  A mental health certificate may be given about a person only if the medical practitioner or accredited person:
(a)  has personally examined or observed the person’s condition immediately before or shortly before completing the certificate, and
(b)  is of the opinion that the person is a mentally ill person or a mentally disordered person, and
(c)  is satisfied that no other appropriate means for dealing with the person is reasonably available, and that involuntary admission and detention are necessary, and
(d)  is not the primary carer or a near relative of the person.
(3)  A mental health certificate may contain a police assistance endorsement that police assistance is required if the person giving the certificate 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 mental health facility without the assistance of a police officer. The endorsement is to be in the form set out in Part 2 of Schedule 1.
(4)  A mental health certificate may not be used to admit or detain a person in a facility:
(a)  in the case of a person certified to be a mentally ill person, more than 5 days after it is given, or
(b)  in the case of a person certified to be a mentally disordered person, more than one day after it is given.
(5)  In this section:
near relative of a person means a parent, brother, sister, child or spouse of the person and any other person prescribed for the purposes of this definition.
20   Detention on information of ambulance officer
(1)  An ambulance officer who provides ambulance services in relation to a person may take the person to a declared mental health facility if the officer believes on reasonable grounds that the person appears to be mentally ill or mentally disturbed and that it would be beneficial to the person’s welfare to be dealt with in accordance with this Act.
(2)  An ambulance officer may request police assistance if 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 mental health facility without the assistance of a police officer.
21   Police assistance
(1)  A police officer to whose notice a police assistance endorsement on a mental health certificate, or a request for assistance by an ambulance officer under this Division, is brought must, if practicable:
(a)  apprehend and take or assist in taking the person the subject of the certificate or request to a declared mental health facility, or
(b)  cause or make arrangements for some other police officer to do so.
(2)  A police officer may enter premises to apprehend a person under this section, and may apprehend any such person, without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.
Note.
 Section 81 sets out the persons who may take a person to a mental health facility and their powers when doing so.
22   Detention after apprehension by police
(cf 1990 Act, s 24)
(1)  A police officer who, in any place, finds a person who appears to be mentally ill or mentally disturbed may apprehend the person and take the person to a declared mental health facility if the officer believes on reasonable grounds that:
(a)  the person is committing or has recently committed an offence or that the person has recently attempted to kill himself or herself or that it is probable that the person will attempt to kill himself or herself or any other person or attempt to cause serious physical harm to himself or herself or any other person, and
(b)  it would be beneficial to the person’s welfare to be dealt with in accordance with this Act, rather than otherwise in accordance with law.
(2)  A police officer may apprehend a person under this section without a warrant and may exercise any powers conferred by section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.
23   Detention after order for medical examination or observation
(cf 1990 Act, s 27)
(1)  A Magistrate or authorised officer may, by order, authorise a medical practitioner or accredited person to visit and to personally examine or personally observe a person to ascertain whether a mental health certificate should be issued for the person.
(2)  An order may be made if the Magistrate or officer is satisfied, by evidence on oath, that:
(a)  the person may be a mentally ill person or a mentally disordered person, and
(b)  because of physical inaccessibility, the person could not otherwise be personally examined or personally observed.
(3)  The order may also authorise any other person (including a police officer) who may be required to assist the medical practitioner or accredited person to accompany the medical practitioner or accredited person.
(4)  A person authorised to visit a person or accompany another person may enter premises, if need be by force, in order to enable the examination or observation to be carried out.
(5)  A person who is examined or observed under this section may be detained in accordance with section 19.
(6)  A person who takes action under an order must, as soon as practicable after taking the action, notify the person who made the order in writing of the action.
(7)  In this section:
authorised officer means an authorised officer within the meaning of the Criminal Procedure Act 1986.
24   Detention on order of Magistrate or bail officer
(cf 1990 Act, s 25)
A person may be taken to and detained in a declared mental health facility in accordance with an order made under section 33 of the Mental Health (Forensic Provisions) Act 1990.
25   Detention after transfer from another health facility
(1)  A person may be transferred from a health facility to a declared mental health facility and detained in the mental health facility if a medical officer of the health facility, or the authorised medical officer of the mental health facility, considers the person to be a mentally ill person or a mentally disordered person.
(2)  Any such person is taken to have been detained in the declared mental health facility under section 19 when the person is transferred to the facility.
26   Detention on request of primary carer, relative or friend
(cf 1990 Act, s 23)
(1)  A person may be detained in a declared mental health facility on a written request made to the authorised medical officer by the primary carer or a relative or friend of the person.
(2)  An authorised medical officer must not detain any such person unless the officer is satisfied that, because of the distance required in order for the person to be examined and the urgency of the circumstances, it is not reasonably practicable to have the person detained on the basis of a mental health certificate.
27   Steps for medical examination requirements for ongoing detention in mental health facility
The following steps must be taken in relation to a person who is detained in a mental health facility under this Division:
(a)  Step 1 Initial examination by authorised medical officer
An authorised medical officer must examine the person as soon as practicable (but not later than 12 hours) after the person arrives at the facility or after the person is detained after being a voluntary patient.
The person must not be detained after the examination unless the officer certifies that, in the officer’s opinion, the person is a mentally ill person or a mentally disordered person.
(b)  Step 2 Examination by second medical practitioner
The authorised medical officer must cause the person to be examined by another medical practitioner as soon as possible after giving the certificate in step 1. The second examiner must be a psychiatrist if the authorised medical officer is not a psychiatrist.
The second examiner must notify the authorised medical officer in the form prescribed by the regulations if of the opinion that the person is a mentally ill person or a mentally disordered person or if not able to form such an opinion.
(c)  Step 3 Examination by third medical practitioner if second examiner does not find person to be mentally ill or mentally disordered
If the second examiner is not of the opinion that the person is a mentally ill person or a mentally disordered person, the authorised medical officer must cause the person to be examined by a medical practitioner who is a psychiatrist, as soon as practicable after being notified of that opinion.
The third examiner must notify the authorised medical officer in the form prescribed by the regulations if of the opinion that the person is a mentally ill person or a mentally disordered person.
(d)  Step 4 Mental health inquiry or discharge
An authorised medical officer must notify the Tribunal and bring the person before the Tribunal for a mental health inquiry if:
(i)  the person is found to be a mentally ill person by an authorised medical officer on initial examination in step 1, and to be a mentally ill person or a mentally disordered person on examination in step 2 or step 3, or
(ii)  the person is found to be a mentally disordered person by an authorised medical officer on initial examination in step 1, and to be a mentally ill person on examination in step 2 or step 3.
The person must be brought before the Tribunal as soon as practicable after admission (subject to meeting the requirements set out above).
If the third examiner does not find that the person is a mentally ill person or a mentally disordered person, the person must not be detained after the third examination.
(e)  Step 5 Mentally disordered persons
If a person is found to be a mentally disordered person by an authorised medical officer on initial examination in step 1, and is found to be a mentally disordered person on examination in step 2 or step 3, the person may be detained in the mental health facility as a mentally disordered person.
28   Obligations of examining medical practitioners
(1)  An authorised medical officer or other medical practitioner who examines a person detained in a mental health facility under this Division may take into account his or her own observations and any other available evidence that he or she considers reliable and relevant in forming an opinion as to whether the person is a mentally ill person or a mentally disordered person.
(2)  A medical practitioner on whose certificate or request a person has been admitted to a mental health facility must not examine the person under section 27.
28A   Tribunal to be informed if detained person is a forensic patient
If an authorised medical officer of a mental health facility becomes aware that a person detained in the mental health facility under this Division is a forensic patient, the officer is, as soon as is reasonably practicable, to notify the Tribunal.
29   Treatment of persons detained in mental health facilities
(cf 1990 Act, s 31)
A person who authorises the administration of any medication to a person detained in a mental health facility 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 a mental health inquiry.
30   Assessable persons may be reclassified as voluntary patients
(cf 1990 Act, s 54)
An authorised medical officer may classify an assessable person as a voluntary patient at any time before a mental health inquiry is held about the person, but only if:
(a)  the authorised medical officer is of the opinion that the person is likely to benefit from care or treatment as a voluntary patient, and
(b)  the patient agrees to be so classified or, if the person is a person under guardianship or is under the age of 14 years, the person is admitted in accordance with the procedures under this Act applicable to admitting any such person as a voluntary patient.
31   Limited detention of mentally disordered persons
(cf 1990 Act, s 35)
(1)  A person detained as a mentally disordered person under step 5 in section 27 (e) must not be detained in a mental health facility for a continuous period of more than 3 days (not including weekends and public holidays).
(2)  If an authorised medical officer of a mental health facility is of the opinion that an assessable person has ceased to be a mentally ill person but is a mentally disordered person, the person must not be further detained in the facility for a continuous period of more than 3 days (not including weekends and public holidays).
(3)  An authorised medical officer must examine a mentally disordered person detained in a mental health facility at least once every 24 hours.
(4)  The person must not be further detained in the mental health facility if, on any such examination, the authorised medical officer 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, that is consistent with safe and effective care, is appropriate and reasonably available to the person.
(5)  A person must not be admitted to and detained in a mental health facility on the grounds that the person is a mentally disordered person on more than 3 occasions in any 1 calendar month.
32   Detention on order of Magistrate or bail officer
(cf 1990 Act, ss 36, 37, 37A)
(1)  This section applies to a person detained in a mental health facility under this Part who is required not to be detained or further detained in the facility and who was taken to the facility:
(a)  by a police officer under this Division after being apprehended by a police officer because the officer believed the person to be committing or to have recently committed an offence, or
(b)  on the order of a Magistrate or an authorised officer under section 33 of the Mental Health (Forensic Provisions) Act 1990.
(2)  An authorised medical officer must release the person into the custody of any relevant person who is present at the mental health facility to ascertain the results of any examination or examinations of the person.
(3)  If a relevant person is not so present when the authorised medical officer becomes aware that the person must not be detained or further detained, the authorised medical officer must, as soon as practicable, notify a police officer at the appropriate police station that the person will not be further detained.
(4)  The authorised medical officer may take any of the following actions in relation to a person (other than a person referred to in subsection (5)), after considering any matter communicated by a police officer as to the intended apprehension of the person by a police officer:
(a)  detain the person for a period not exceeding one hour pending the person’s apprehension by a police officer,
(b)  admit the person in accordance with this Act as a voluntary patient,
(c)  discharge the person, in so far as it may be possible to do so, into the care of the person’s primary carer,
(d)  discharge the person.
(5)  If the person is a person ordered to be brought back before a court under section 33 (1) (b) of the Mental Health (Forensic Provisions) Act 1990:
(a)  it is the duty of the police officer notified by the authorised medical officer to ensure that a police officer attends the mental health facility and apprehends the person as soon as practicable after notification, and
(b)  the authorised medical officer must detain the person pending the person’s apprehension by a police officer.
(6)  A police officer may apprehend a person under this section without a warrant.
(7)  In subsections (2) and (3):
relevant person means:
(a)  if the detained person was taken to the mental health facility on an order under section 33 of the Mental Health (Forensic Provisions) Act 1990, any person (including a police officer) charged by the order with taking the person from the facility, or
(b)  in any other case, a police officer.
33   Actions may be delayed because of other illnesses or conditions
Despite any other provision of this Act, an authorised medical officer is not required:
(a)  to take or complete a step referred to in section 27, or
(b)  to bring a person before the Tribunal for a mental health inquiry,
while the person is suffering from a condition or illness other than a mental illness or other mental condition and is not, in the officer’s opinion, fit to be the subject of the proposed action due to the seriousness of the person’s condition or illness.
Division 3 Continuing detention in mental health facilities
34   Mental health inquiries to be held
(1)  The Tribunal must hold an inquiry about an assessable person under step 4 in section 27 (d).
Note.
 Section 27 sets out the events that result in a mental health inquiry. Notice of the inquiry is to be given to the person concerned, and all reasonably practicable steps are to be taken to notify primary carers in accordance with section 76.
(2)  An authorised medical officer of the mental health facility in which an assessable person is detained:
(a)  must ensure that, as far as practicable, the person is brought before the Tribunal dressed in street clothes, and
(b)  must make all necessary arrangements to ensure that all appropriate medical witnesses appear before the Tribunal and other relevant medical evidence concerning the person is placed before the Tribunal at or before the inquiry, and
(c)  as soon as practicable after notifying the Tribunal under section 27 (d), and at or before the inquiry, must provide the Tribunal with all relevant medical reports of the examinations in step 1 or step 2, as referred to in section 27 (d), and any additional information required by the Tribunal for the purposes of the inquiry.
An assessable person, or any other person, may, with the approval of the Tribunal and subject to the regulations (if any), be brought or appear before the Tribunal by way of audio visual link.
The primary carer of an assessable person may, with the approval of the Tribunal, appear at an inquiry.
Note.
 The Tribunal must be constituted by at least one member who is the President or a Deputy President for the purposes of a mental health inquiry (see section 150 (2A)). Other provisions relating to the Tribunal’s procedures generally, that apply to mental health inquiries and other proceedings, are set out in Part 2 of Chapter 6.
35   Purpose and findings of mental health inquiries
(cf 1990 Act, ss 50–52)
(1)  The Tribunal when holding a mental health inquiry is to determine whether or not, on the balance of probabilities, the assessable person is a mentally ill person.
(2)  For that purpose, the Tribunal is to do the following:
(a)  consider the reports and recommendations of the authorised medical officer and other medical practitioners who examined the person under section 27 after the person’s detention,
(b)  consider any other information before the Tribunal,
(c)  inquire about the administration of any medication to the person and take account of its effect on the person’s ability to communicate,
(d)  have due regard to any cultural factors relating to the person that may be relevant to the determination,
(e)  have due regard 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.
(2A)  As soon as practicable after the beginning of a mental health inquiry, the Tribunal must ask the assessable person 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 74, and
(b)  has been informed of the duty imposed under section 76 on the authorised medical officer relating to the giving of the notice specified in that section.
(2B)  As soon as practicable after the beginning of a mental health inquiry, the Tribunal must ascertain from the authorised medical officer whether the written statement and notice referred to in subsection (2A) have been given or all such things as are reasonably practicable have been done to give that statement or notice, as the case requires.
(3)  If the Tribunal is not satisfied, on the balance of probabilities, that an assessable person is a mentally ill person, the Tribunal must order that the person be discharged from the mental health facility.
(4)  The Tribunal may defer the operation of an order for the discharge of a person for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the person to do so.
(5)  If the Tribunal is satisfied, on the balance of probabilities, that an assessable person is a mentally ill person, the Tribunal may make any of the following orders:
(a)  an order that the person be discharged into the care of the person’s primary carer,
(b)  a community treatment order,
(c)  an order that the person be detained in or admitted to and detained in a specified mental health facility for further observation or treatment, or both, as an involuntary patient, for a specified period of up to 3 months, if the Tribunal is of the opinion that no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available or that for any other reason it is not appropriate to make any other order under this subsection.
36   Adjournments
(1)  The Tribunal may, from time to time, adjourn a mental health inquiry for a period not exceeding 14 days.
(2)  Without limiting subsection (1), the Tribunal may adjourn the inquiry if it is not satisfied:
(a)  that the assessable person has been informed of the duty imposed under section 76 on the authorised medical officer 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 Tribunal may adjourn an inquiry under this section only if:
(a)  the Tribunal is of the opinion that it is in the best interests of the assessable person to do so, and
(b)  the Tribunal has considered any certificates given under this Act available to the Tribunal.
(4)  If an inquiry is adjourned, the assessable person is to continue to be detained in the mental health facility unless the person is discharged or allowed to be absent from the facility under another provision of this Act.
37   Reviews of involuntary patients by Tribunal
(1)  The Tribunal must review the case of each involuntary patient as follows:
(a)  at the end of the patient’s initial period of detention as a result of a mental health inquiry,
(b)  at least once every 3 months for the first 12 months the person is an involuntary patient,
(c)  at least once every 6 months while the person is an involuntary patient after the first 12 months of detention.
(1A)  The Tribunal may review the case of an involuntary patient at such other times as it sees fit.
(2)  An authorised medical officer must cause an involuntary patient to be brought before the Tribunal:
(a)  as soon as practicable before the end of the initial period of detention, if it appears to the officer that the person should continue to be detained, and
(b)  at such other times as may be required by the Tribunal for the purposes of any review under this section.
(3)  The authorised medical officer must ensure that, as far as practicable, a person brought before the Tribunal is dressed in street clothes.
(4)  Despite subsection (1) (c), the Tribunal may review the case of an involuntary patient at intervals of up to 12 months if it is of the opinion that it is appropriate to do so.
38   Purpose and findings of reviews of involuntary patients
(1)  The Tribunal is, on a review of an involuntary patient, to determine whether the patient is a mentally ill person for whom no other care (other than care in a mental health facility) is appropriate and reasonably available.
(2)  For that purpose, the Tribunal is to do the following:
(a)  consider any information before it,
(b)  inquire about the administration of any medication to the patient and take account of its effect on the patient’s ability to communicate.
(3)  If the Tribunal determines that the patient is not a mentally ill person, the patient must be discharged from the mental health facility in which the patient is detained.
(4)  If the Tribunal determines that the patient is a mentally ill person and that no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the patient, the Tribunal must make an order that the patient continue to be detained as an involuntary patient in a mental health facility for further observation or treatment, or both.
(5)  In any other case that the Tribunal determines that a patient is a mentally ill person, it must make an order that the patient be discharged from the mental health facility in which the patient is detained and may make a community treatment order.
(6)  The Tribunal may defer the operation of an order for the discharge of a patient for a period of up to 14 days, if the Tribunal thinks it is in the best interests of the patient to do so.
(7)  An order made by the Tribunal under this section is to be in the form approved by the President.
39   Medical examination of involuntary patients
(cf 1990 Act, s 61)
(1)  An authorised medical officer must medically examine each involuntary patient of the mental health facility, or cause each involuntary patient to be medically examined, to determine whether the patient’s continued detention in the facility is necessary.
(2)  The medical examinations are to be carried out at intervals of not more than 3 months.
40   Re-classification of involuntary patients as voluntary patients
(cf 1990 Act, s 64)
(1)  An involuntary patient may be classified as a voluntary patient of the mental health facility in which the patient is detained:
(a)  by an authorised medical officer at any time, or
(b)  by the Tribunal when conducting a review of the patient.
(2)  A patient may be so classified only if:
(a)  the authorised medical officer or Tribunal is of the opinion that the patient is likely to benefit from care or treatment as a voluntary patient, and
(b)  the patient agrees to be so classified or, if the patient is a person under guardianship, the patient is admitted in accordance with the procedures under this Act applicable to admitting such persons as voluntary patients.
(3)  Without limiting subsection (1), a person who is discharged as an involuntary patient may be admitted as a voluntary patient immediately on discharge.
Note.
 For additional circumstances when a patient or person must be released from a mental health facility, see section 12.
41   Discharge on making of community treatment order
(cf 1990 Act, s 132)
(1)  An authorised medical officer must discharge a patient or person who is detained in a mental health facility when a community treatment order is made about the patient or person and any order authorising the patient’s or person’s detention ceases to have effect.
(2)  This section does not prevent an affected person subject to a community treatment order from being admitted to or detained in a mental health facility.
42   Discharge of involuntary patients on own application
(cf 1990 Act, s 67)
(1)  An involuntary patient of a mental health facility or another person detained in a mental health facility may make an application to the authorised medical officer to be discharged.
(2)  The authorised medical officer may discharge the patient or person.
Note.
 The authorised medical officer may also classify a patient as a voluntary patient (see section 40).
43   Discharge of involuntary patients on application of primary carer
(cf 1990 Act, s 68)
(1)  The primary carer of an involuntary patient or another person detained in a mental health facility may, at any time, apply to an authorised medical officer of the mental health facility for the discharge of the patient or person.
(2)  The authorised medical officer may discharge the patient or person if:
(a)  the applicant gives the authorised medical officer a written undertaking that the patient or person will be properly taken care of, and
(b)  the authorised medical officer is satisfied that adequate measures will, so far as is reasonably practicable, be taken to prevent the patient or person from causing harm to himself or herself or others.
43A   Tribunal to be informed of discharge of a forensic patient
An authorised medical officer of a mental health facility must, as soon as is reasonably practicable, notify the Tribunal of the discharge of a person detained in the mental health facility whom the officer knows is a forensic patient.
44   Appeals against discharge refusals
(cf 1990 Act, ss 69, 70)
(1)  An involuntary patient or person detained at a mental health facility (the applicant) who applies to be discharged, or a person who applies for the discharge of the applicant, or a person appointed by the applicant, may appeal to the Tribunal if:
(a)  the authorised medical officer refuses the application, or
(b)  the authorised medical officer fails to determine the application within 3 working days after it is made.
(2)  An appeal may be made orally or in writing and is to be made in accordance with the regulations.
(3)  The authorised medical officer must provide the Tribunal with a report about the applicant, including the officer’s reasons for refusing to discharge the applicant or failing to determine the application.
(4)  For the purpose of determining an appeal, the Tribunal has and may exercise the functions of the authorised medical officer with respect to the discharge application and may make an order accordingly.
(5)  In addition, the Tribunal may determine that no further right of appeal may be exercised under this section before the date on which the person is next reviewed by the Tribunal under this Act, if it thinks it appropriate to do so, having regard to the following:
(a)  the interval between the last determination under this Act that the applicant was a mentally ill person and the date of the appeal,
(b)  the frequency of appeals under this section made by or on behalf of the applicant,
(c)  the last report about the applicant by the authorised medical officer under this section,
(d)  any other matter the Tribunal considers relevant.
45   Review and discharge of absent patients
(cf 1990 Act, ss 72, 73)
(1)  An authorised medical officer must review the mental health and welfare of a patient or person detained in a mental health facility under this Act who is absent from the mental health facility with permission if the absence is for a continuous period of more than 28 days.
(2)  The authorised medical officer must discharge the patient or person following the review unless the officer is of the opinion that further detention of the patient or person in the facility is necessary.
(3)  An authorised medical officer of a mental health facility must discharge a patient or person detained in the facility under this Act who is absent from the mental health facility for a single period exceeding 12 months.
Division 4 Leave of absence from mental health facilities
46   Application of Division
This Division applies to an involuntary patient or a person who is detained in a mental health facility under this Act.
47   Leave of absence on compassionate grounds, medical grounds or other grounds
(1)  An authorised medical officer may permit a person to be absent from a mental health facility for the period, and on the conditions, that the officer thinks fit.
(2)  Permission may be given on compassionate grounds, on the ground that medical treatment is required or on any other ground the authorised medical officer thinks fit.
Note.
 A person may also be transferred from a mental health facility to another health facility on medical grounds (see section 80).
(3)  An authorised medical officer may not grant leave of absence unless the officer is satisfied that, as far as is practicable, adequate measures have been taken to prevent the person concerned from causing harm to himself or herself or others.
48   Apprehension of persons not permitted to be absent from mental health facility
(cf 1990 Act, ss 75, 76)
(1)  An authorised medical officer of a mental health facility may apprehend a person, or direct a person to be apprehended, if:
(a)  the person fails to return to the facility on or before the expiry of a permitted period of absence granted under this Part or fails to comply with a condition of the permission, or
(b)  the person absents himself or herself from the facility otherwise than in accordance with this Act.
(2)  The person may be apprehended by any of the following persons:
(a)  an authorised medical officer or any other suitably qualified person employed at the mental health facility,
(b)  a police officer,
(c)  a person authorised by the Minister or the authorised medical officer,
(d)  a person assisting a person referred to in paragraph (a), (b) or (c).
(3)  A person who is apprehended is to be conveyed to and detained in the mental health facility from which the person absented himself or herself.
49   Police assistance
(1)  An authorised medical officer may request that a police officer apprehend, or assist in apprehending, a person under this Division if the officer 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 mental health facility without the assistance of a police officer.
(2)  A police officer to whose notice any such request is brought may:
(a)  apprehend and take or assist in taking the person to the mental health facility from which the person absented himself or herself, or
(b)  cause or make arrangements for some other police officer to do so.
(3)  A police officer may enter premises to apprehend a person under this section or section 48, and may apprehend any such person, without a warrant and may exercise any powers conferred under section 81 on a person who is authorised under that section to take a person to a mental health facility or another health facility.
Note.
 Section 81 sets out the persons who may take a person to a mental health facility and their powers when doing so.