Mental Health Act 2016
sec.362Taking person after treatment and care to person’s requested place
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sec.362 Taking person after treatment and care to person’s requested place
This section applies if— a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an examination authority or recommendation for assessment; or a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an emergency examination authority and a recommendation for assessment is made for the person. At the end of the person’s detention in an authorised mental health service, or public sector health service facility, including under a recommendation for assessment or treatment authority made for the person after the examination or assessment of the person, the administrator of the service or person in charge of the facility must take reasonable steps to ensure the person is returned to a place reasonably requested by the person. (sec.362-ssec.1) This section applies if— a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an examination authority or recommendation for assessment; or a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an emergency examination authority and a recommendation for assessment is made for the person. (sec.362-ssec.2) At the end of the person’s detention in an authorised mental health service, or public sector health service facility, including under a recommendation for assessment or treatment authority made for the person after the examination or assessment of the person, the administrator of the service or person in charge of the facility must take reasonable steps to ensure the person is returned to a place reasonably requested by the person.
- (a) a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an examination authority or recommendation for assessment; or
- (b) a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an emergency examination authority and a recommendation for assessment is made for the person.