47AAdmission to prevent possible harm

47A Admission to prevent possible harm

[Section 47A Inserted by No. 59 of 2016, s. 26, Applied:01 Jul 2017]

(1)  This section applies if –

(a) a patient is subject to a treatment order that provides for a combination of treatment settings and for the admission and re-admission of the patient to those settings; and

(b) the patient has complied with the treatment order; and

(c) the treating medical practitioner is satisfied on reasonable grounds that –

(i) despite the patient's compliance, the patient's health or safety or the safety of any other person has been, or is likely to be, seriously harmed; and

(ii) the harm, or likely harm, cannot be adequately addressed except by way of the patient's admission or re-admission to and, if necessary, detention in an approved hospital.

(2)  If this section applies, the treating medical practitioner may, according to the circumstances, seek to have the patient taken under escort and involuntarily admitted to, and detained in, an approved facility under and in accordance with section 42 .

(3)  However, the treating medical practitioner is not to seek to have a patient who is a child admitted to and, if necessary, detained in an approved hospital unless the treating medical practitioner is satisfied that the hospital –

(a) has facilities and staff for the treatment and care of the patient; and

(b) [Section 47A Subsection (3) amended by No. 4 of 2023, s. 67, Applied:25 Sep 2023] is, in the circumstances, the most appropriate place available to accommodate the patient.