NSWIn ForceAct
Mental Health Act 2007
23Detention after order for medical examination or observation
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#### 23 Detention after order for medical examination or observation
23 Detention after order for medical examination or observation
(cf 1990 Act, s 27)
> > (1) A Judge of the Local Court 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.
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> > (2) An order may be made if the judge or officer is satisfied, by evidence on oath, that—
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> > > (a) the person may be a mentally ill person or a mentally disordered person, and
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> > > (b) because of physical inaccessibility, the person could not otherwise be personally examined or personally observed.
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> > (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.
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> > (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.
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> > (5) A person who is examined or observed under this section may be detained in accordance with section 19.
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> > (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.
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> > (7) In this section—
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> > authorised officer means an authorised officer within the meaning of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209).
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> **s 23:** Am 2025 No 61, Sch 2.63\[2\] \[3\].