31Limited detention of mentally disordered persons

#### 31 Limited detention of mentally disordered persons 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. > > **s 31:** Am 2008 No 79, Sch 2 \[5\].