Mental Health Act 2016
sec.51Category
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sec.51 Category
If the authorised doctor makes a treatment authority for the person, and the person is not a classified patient, the authorised doctor must decide whether the category of the authority is— inpatient; or community. In deciding the category of the authority, the authorised doctor must have regard to the relevant circumstances of the person. However, the authorised doctor may decide the category of the authority is inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the person, that 1 or more of the following can not reasonably be met if the category of the authority is community— the person’s treatment and care needs; the safety and welfare of the person; the safety of others. If the person is a classified patient, the category of the authority is inpatient. (sec.51-ssec.1) If the authorised doctor makes a treatment authority for the person, and the person is not a classified patient, the authorised doctor must decide whether the category of the authority is— inpatient; or community. (sec.51-ssec.2) In deciding the category of the authority, the authorised doctor must have regard to the relevant circumstances of the person. (sec.51-ssec.3) However, the authorised doctor may decide the category of the authority is inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the person, that 1 or more of the following can not reasonably be met if the category of the authority is community— the person’s treatment and care needs; the safety and welfare of the person; the safety of others. (sec.51-ssec.4) If the person is a classified patient, the category of the authority is inpatient.
- (a) inpatient; or
- (b) community.
- (a) the person’s treatment and care needs;
- (b) the safety and welfare of the person;
- (c) the safety of others.