Mental Health Act 2016
sec.31Examination
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sec.31 Examination
A doctor or authorised mental health practitioner may examine a person to decide whether to make a recommendation for assessment for the person. Without limiting subsection (1) , the examination may be carried out— if the person asks for, or consents to, the examination; or under this Act or another Act providing for the examination, including, for example, under an examination authority or emergency examination authority. See chapter 12 , part 8 in relation to applications for examination authorities. However, a doctor or authorised mental health practitioner must not examine a person subject to a forensic order (mental health), forensic order (Criminal Code) or treatment support order to decide whether to make a recommendation for assessment for the person. (sec.31-ssec.1) A doctor or authorised mental health practitioner may examine a person to decide whether to make a recommendation for assessment for the person. (sec.31-ssec.2) Without limiting subsection (1) , the examination may be carried out— if the person asks for, or consents to, the examination; or under this Act or another Act providing for the examination, including, for example, under an examination authority or emergency examination authority. See chapter 12 , part 8 in relation to applications for examination authorities. (sec.31-ssec.3) However, a doctor or authorised mental health practitioner must not examine a person subject to a forensic order (mental health), forensic order (Criminal Code) or treatment support order to decide whether to make a recommendation for assessment for the person.
- (a) if the person asks for, or consents to, the examination; or
- (b) under this Act or another Act providing for the examination, including, for example, under an examination authority or emergency examination authority. Note— See chapter 12 , part 8 in relation to applications for examination authorities.