NSWIn ForceAct
Mental Health Act 2007
62Discharge and detention of affected persons
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#### 62 Discharge and detention of affected persons
62 Discharge and detention of affected persons
> > (1) An affected person detained in a declared mental health facility under this Division must be discharged from the facility—
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> > > (a) if the authorised medical officer determines that the person is not a mentally ill person or a mentally disordered person or is of the opinion that other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the person, or
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> > > (b) if the authorised medical officer decides at any time that it is appropriate to do so.
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> > (2) An authorised medical officer may do all necessary things to cause a person to be detained in a mental health facility under Part 2 at the end of the term of a community treatment order if the officer considers the person to be a mentally ill person.
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> > (3) Any such person is taken to be detained in the mental health facility under section 19 when the authorised medical officer takes action to detain the person.
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> **s 62:** Am 2008 No 79, Sch 2 \[15\].