80Apprehension

80 Apprehension (1) A police officer or authorised ambulance paramedic may apprehend a person if the police officer or paramedic believes on reasonable (a) the person has a mental disorder or mental illness; and (b) the person has attempted or is likely to attempt— (i) suicide; or (ii) to inflict serious harm on the person or another person; and (c) the person— (i) requires an immediate examination by a doctor; and (ii) does not agree to be examined immediately. (2) In forming a belief about a person for subsection (1), a police officer or authorised ambulance paramedic is not required to make a medical assessment or clinical judgment about the person. (3) A person apprehended under subsection (1) may be taken to an approved mental health facility by— (a) the police officer or authorised ambulance paramedic who apprehended the person; or (b) at the request of the police officer or authorised ambulance paramedic who apprehended the person—another police officer or authorised ambulance paramedic.

(4) A doctor or mental health officer may apprehend a person if the doctor or mental health officer believes on reasonable grounds that— (a) the person has a mental disorder or mental illness; and (i) the person requires immediate treatment, care or support; or (ii) the person’s condition will deteriorate within 3 days to such an extent that the person would require immediate (c) the person has refused to receive that treatment, care or support; and (d) detention is necessary for the person’s health or safety, social or financial wellbeing, or for the protection of someone else or the public; and (e) adequate treatment, care or support cannot be provided in a less restrictive environment. (5) A person apprehended under subsection (4) may be taken to an approved mental health facility by— (a) the doctor or mental health officer who apprehended the person; or (b) at the request of the doctor or mental health officer who apprehended the person— (i) another doctor or mental health officer; or (ii) a police officer; or (iii) an authorised ambulance paramedic.

(6) The ACAT must, on application, review the following decisions within 2 working days after the day the application is made: (a) a decision of a police officer or authorised ambulance paramedic under subsection (1); (b) a decision of a doctor or mental health officer under subsection (4) (b) (ii).