84Initial examination at approved mental health facility

84 Initial examination at approved mental health facility (1) This section applies to a person (the subject person) detained at an approved mental health facility under section 81. (2) The person in charge of the approved mental health facility must ensure that a relevant doctor conducts an initial examination of the subject person within 4 hours after— (a) for a person detained under section 81 (1)—arriving at the facility; or (b) for a person detained under section 81 (2)—being detained at the facility. (3) However, the person in charge of the facility may continue to detain the subject person if the person believes on reasonable grounds that, if the subject person is released without an initial examination— (a) the subject person’s health or safety would be, or be likely to be, (b) the subject person would do, or be likely to do, serious harm to others; or (c) the subject person would seriously endanger, or be likely to seriously endanger, public safety.

(4) If the subject person continues to be detained under subsection (3)— (a) the person in charge of the approved mental health facility must immediately tell the chief psychiatrist that the subject person has been at the facility for 4 hours without an initial examination; and (b) the chief psychiatrist must arrange for an initial examination of the subject person to be conducted as soon as possible and within 2 hours of being told about the detention. (5) If the subject person is not given an initial examination within the time required under subsection (4) (b), the person in charge of the approved mental health facility must— (a) release the subject person; or (b) if the subject person was taken to the approved mental health facility under the Crimes Act, section 309 (1) (a) (Assessment whether emergency detention required)—release the person into the custody of a police officer; or (c) if a court order requires the subject person to be detained at a correctional centre—release the subject person into the custody of the corrections director-general; or (d) if a court order requires the subject person to be detained at a detention place—release the subject person into the custody of the CYP director-general. (6) The person in charge of the approved mental health facility must tell the public advocate, in writing, about any failure to give a subject person an initial examination within the time required under subsection (2) or (4) (b) and the reasons for the failure.

initial examination means— (a) examining the subject person in person; and (b) considering the observations arising from the examination; and (c) considering any other reliable and relevant information about the subject person’s condition. relevant doctor, of an approved mental health facility, means a person employed at the facility as a consultant psychiatrist, a psychiatric registrar in consultation with a consultant psychiatrist or another doctor in consultation with a consultant psychiatrist.