Mental Health Act 2016
sec.38Action before exercising powers
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sec.38 Action before exercising powers
Before exercising a power under section 36 in relation to a person, a doctor or authorised mental health practitioner must do or make a reasonable attempt to do the following— identify himself or herself to the person; tell the person a recommendation for assessment will be made; explain to the person, in general terms, the nature and effect of a recommendation for assessment; explain to the person that the person will be detained in the authorised mental health service or public sector health service facility for the period, of not more than 1 hour, reasonably necessary to make the recommendation for assessment; give the person an opportunity to allow the doctor or health practitioner to make the recommendation for assessment without detaining the person. s 38 amd 2022 No. 1 s 52
- (a) identify himself or herself to the person;
- (b) tell the person a recommendation for assessment will be made;
- (c) explain to the person, in general terms, the nature and effect of a recommendation for assessment;
- (d) explain to the person that the person will be detained in the authorised mental health service or public sector health service facility for the period, of not more than 1 hour, reasonably necessary to make the recommendation for assessment;
- (e) give the person an opportunity to allow the doctor or health practitioner to make the recommendation for assessment without detaining the person.