40Re-classification of involuntary patients as voluntary patients

#### 40 Re-classification of involuntary patients as voluntary patients 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. > > **s 40:** Am 2010 No 96, Sch 1 \[2\] \[3\].