sec.364Particular persons may require return of absent person

sec.364 Particular persons may require return of absent person

A responsible person may— authorise an authorised person, other than a police officer, to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility; or ask a police officer to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility. The authorisation or request must— be in the approved form; and state the name of the person to be transported; and state the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and for a request to a police officer—state the reasons why the responsible person considers it necessary for a police officer to transport the person. Before acting under this section, the responsible person must make reasonable efforts to contact the person and encourage the person to come or return to the authorised mental health service or public sector health service facility. Subsection (3) does not apply if the responsible person considers there is a risk the person may harm himself or herself or others if the responsible person complies with the subsection. See also section 377 for applying for a warrant for the apprehension of a person. The person in charge of a public sector health service facility may delegate a function under this section to an appropriately qualified health service employee. In this section— function includes a power. responsible person means— the administrator of an authorised mental health service; or the person in charge of a public sector health service facility; or an authorised doctor; or an authorised mental health practitioner. s 364 amd 2017 No. 3 s 31 (sec.364-ssec.1) A responsible person may— authorise an authorised person, other than a police officer, to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility; or ask a police officer to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility. (sec.364-ssec.2) The authorisation or request must— be in the approved form; and state the name of the person to be transported; and state the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and for a request to a police officer—state the reasons why the responsible person considers it necessary for a police officer to transport the person. (sec.364-ssec.3) Before acting under this section, the responsible person must make reasonable efforts to contact the person and encourage the person to come or return to the authorised mental health service or public sector health service facility. (sec.364-ssec.4) Subsection (3) does not apply if the responsible person considers there is a risk the person may harm himself or herself or others if the responsible person complies with the subsection. See also section 377 for applying for a warrant for the apprehension of a person. (sec.364-ssec.5) The person in charge of a public sector health service facility may delegate a function under this section to an appropriately qualified health service employee. (sec.364-ssec.6) In this section— function includes a power. responsible person means— the administrator of an authorised mental health service; or the person in charge of a public sector health service facility; or an authorised doctor; or an authorised mental health practitioner.