27Steps for medical examination requirements for ongoing detention in mental health facility

#### 27 Steps for medical examination requirements for ongoing detention in mental health facility 27 Steps for medical examination requirements for ongoing detention in mental health facility > > (1) 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 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 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. > > > (2) Any certification under subsection (1) (a) or notification under subsection (1) (b) or (c) of the opinion that a person is, after an examination under this section or section 27A, a mentally ill person or a mentally disordered person, is to be in the form prescribed by the regulations. > > > (3) Any form used for the purposes of this section or section 27A (as in force immediately before the commencement of this subsection) is, until such time as a form is prescribed for the purposes of subsection (2), taken to be the form so prescribed. > > **s 27:** Am 2008 No 107, Sch 16 \[3\] \[4\]; 2016 No 27, Sch 1.15 \[1\] \[2\].