Mental Health Act 2016
sec.809Detention for assessment
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sec.809 Detention for assessment
This section applies if, immediately before the commencement— a person was detained in an authorised mental health service for assessment under the repealed Act, section 44; and the assessment period for the person under that Act had not ended; and an assessment of the person under that Act had not been made. The person is taken to be detained for assessment, and may be dealt with, under the new Act. The assessment period for the person under the new Act is taken to have started when the person’s assessment period started under the repealed Act, and may be extended in compliance with the new Act. (sec.809-ssec.1) This section applies if, immediately before the commencement— a person was detained in an authorised mental health service for assessment under the repealed Act, section 44; and the assessment period for the person under that Act had not ended; and an assessment of the person under that Act had not been made. (sec.809-ssec.2) The person is taken to be detained for assessment, and may be dealt with, under the new Act. (sec.809-ssec.3) The assessment period for the person under the new Act is taken to have started when the person’s assessment period started under the repealed Act, and may be extended in compliance with the new Act.
- (a) a person was detained in an authorised mental health service for assessment under the repealed Act, section 44; and
- (b) the assessment period for the person under that Act had not ended; and
- (c) an assessment of the person under that Act had not been made.