61Review of affected person at mental health facility after breach order

#### 61 Review of affected person at mental health facility after breach order 61 Review of affected person at mental health facility after breach order (cf 1990 Act, ss 141, 142) > > (1) This section applies to an affected person who is taken to or is at a declared mental health facility after refusing treatment at a mental health facility consequent on a breach order. > > > (2) An authorised medical officer must, not later than 12 hours after the person is taken to the declared mental health facility, review the affected person’s mental condition and determine whether the person is a mentally ill person or a mentally disordered person. > > > (3) The authorised medical officer may cause the person to be given treatment in accordance with the community treatment order. > > > (4) If the authorised medical officer determines that the affected person is a mentally ill person or a mentally disordered person for whom no other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate or reasonably available, the person is to be detained in the declared mental health facility for further observation or treatment, or both. > > > (5) The affected person may be detained until one of the following events occurs— > > > > > (a) in the case of a mentally ill person, the term of the community treatment order ends or the person is discharged from the declared mental health facility under this Act, > > > > > (b) in the case of a mentally disordered person, the maximum period for which a person may be held as such a person under Part 2 ends, the term of the community treatment order ends or the person is discharged from the declared mental health facility under this Act. > > **s 61:** Am 2008 No 79, Sch 2 \[13\].