Mental Health Act 2016
sec.728Application of sdiv 2
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sec.728 Application of sdiv 2
This subdivision applies if— the administrator of an authorised mental health service is responsible for a person (the relevant person ) subject to a treatment authority or treatment support order; and within 7 days before the hearing of a periodic review under chapter 12 (the scheduled review ) of the treatment authority or treatment support order— the relevant person becomes a patient required to return; and the relevant person’s treating health service can not locate the person. This subdivision also applies if— an authorised mental health service or the forensic disability service is responsible for a person (also the relevant person ) subject to a forensic order (mental health) or forensic order (disability); and within 14 days before the hearing of a periodic review under chapter 12 (also the scheduled review ) of the forensic order— if an authorised mental health service is responsible for the relevant person—the relevant person is a patient required to return and the service can not locate the person; or if the forensic disability service is responsible for the relevant person—the relevant person is a person to whom the Forensic Disability Act , section 113 applies and the forensic disability service can not locate the person. (sec.728-ssec.1) This subdivision applies if— the administrator of an authorised mental health service is responsible for a person (the relevant person ) subject to a treatment authority or treatment support order; and within 7 days before the hearing of a periodic review under chapter 12 (the scheduled review ) of the treatment authority or treatment support order— the relevant person becomes a patient required to return; and the relevant person’s treating health service can not locate the person. (sec.728-ssec.2) This subdivision also applies if— an authorised mental health service or the forensic disability service is responsible for a person (also the relevant person ) subject to a forensic order (mental health) or forensic order (disability); and within 14 days before the hearing of a periodic review under chapter 12 (also the scheduled review ) of the forensic order— if an authorised mental health service is responsible for the relevant person—the relevant person is a patient required to return and the service can not locate the person; or if the forensic disability service is responsible for the relevant person—the relevant person is a person to whom the Forensic Disability Act , section 113 applies and the forensic disability service can not locate the person.
- (a) the administrator of an authorised mental health service is responsible for a person (the relevant person ) subject to a treatment authority or treatment support order; and
- (b) within 7 days before the hearing of a periodic review under chapter 12 (the scheduled review ) of the treatment authority or treatment support order— (i) the relevant person becomes a patient required to return; and (ii) the relevant person’s treating health service can not locate the person.