25Voluntary admission

25 Voluntary admission (1) A person who is 14 or over may apply to be admitted to an approved treatment facility as a voluntary patient. (2) A parent or guardian of a person who is under 18 may apply to have the person admitted to an approved treatment facility as a voluntary patient. (3) A medical practitioner employed by an approved treatment agency or at an approved treatment facility must examine the person and may admit the person as a voluntary patient if satisfied, following the examination, that the person has given informed consent to his or her admission. (4) An authorised psychiatric practitioner must examine a person admitted under subsection (3) not later than 72 hours after the person is admitted. (4A) If it is not practicable for the practitioner to conduct a face-to-face examination under subsection (4), the practitioner may conduct the examination: (5) If the medical practitioner who examines a person under subsection (3) is an authorised psychiatric practitioner, he or she cannot examine the person under subsection (4). (6) The authorised psychiatric practitioner may confirm the admission of the person as a voluntary patient if satisfied, following the examination under subsection (3), that the person has given informed consent to his or her admission. (7) An authorised psychiatric practitioner who is not able to form a view as to whether a person is capable of giving informed consent to his or her admission: (a) may confirm the admission of the person; and (b) must apply to the Tribunal for it to determine the person's capacity to give informed consent as soon as practicable after confirming the admission.

Mental Health and Related Services Act 1998 24 (8) A medical practitioner must refuse to admit a person as a voluntary patient and an authorised psychiatric practitioner must refuse to confirm the admission of a person unless the medical practitioner or authorised psychiatric practitioner is satisfied that the person is likely to benefit from being admitted. (9) On refusing to admit a person or to confirm the admission of a person under this section, the medical practitioner or authorised psychiatric practitioner: (a) must inform the person of the grounds of the decision and that the person has a right to apply to the Tribunal for a review of the decision; and (b) must explain the review procedure to the person. (10) The following persons cannot make an application under this section for another person: (a) an adult guardian of the other person; (b) a decision maker or other health care decision maker for the other person.