Mental Health and Related Services Act 1998
32AApprehension by police
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32A Apprehension by police (1) This section applies if a police officer believes, on reasonable grounds: (a) a person may require treatment or care under this Act having regard to the appearance and behaviour of the person; and
Mental Health and Related Services Act 1998 29 (b) the person is likely to cause serious harm to himself or herself or to someone else unless apprehended immediately; and (c) it is not practicable in the circumstances to seek the assistance of an authorised psychiatric practitioner, a medical practitioner or a designated mental health practitioner. (2) The police officer may apprehend the person and bring the person to an authorised psychiatric practitioner, a medical practitioner or a designated mental health practitioner for an assessment under section 33. (3) The person must be brought to the practitioner as soon as practicable. (4) However, before the person is brought to the practitioner, the police officer must inform the person that he or she has been apprehended for the purposes of an assessment by a practitioner (5) The police officer must give the practitioner details of: (a) the reasons for apprehending the person; and (b) any force used to apprehend the person and bring the person to the practitioner. (6) For subsection (1)(a), the police officer is not required to exercise any clinical judgment in forming a belief that the person requires treatment or care under this Act. (7) For subsection (2), the police officer may: (a) use any reasonable force and assistance; and police officer reasonably believes the person may be found.