12General restrictions on detention of persons

#### 12 General restrictions on detention of persons 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. > > **s 12:** Am 2008 No 79, Sch 2 \[3\].