Mental Health Act 2013
63Admission
Start here
Get a plain-English read of 63
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2013.
63 Admission
(1) [Section 63 Subsection (1) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] An involuntary patient who is not a person to whom section 68(1) applies may be admitted to an SMHU if the admission is authorised by the Chief Psychiatrist.
Note
An involuntary patient who is a person to whom section 68(1) applies may be admitted to an SMHU under section 68 .
(2) However, such authorisation may be given only if –
(a) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] the patient is being detained in an approved facility; or
(b) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] the patient –
(i) is not a prisoner or youth detainee; or
(ii) is to cease to be a prisoner, or youth detainee, within 60 minutes of the authorisation being given; and
(c) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] . . . . . . . .
(d) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] the Chief Psychiatrist is satisfied that –
(i) the patient is, by reason of mental illness, a danger to himself or herself or to others; and
(ii) [Section 63 Subsection (2) amended by No. 4 of 2023, s. 82, Applied:25 Sep 2023] that danger is or has become so serious as to make –
(A) if the patient is detained at an approved facility other than an SMHU, the continued detaining of the patient at the approved facility untenable; or