34Recommendation for psychiatric examination

34 Recommendation for psychiatric examination (1) A medical practitioner, an authorised psychiatric practitioner or designated mental health practitioner must make a recommendation for psychiatric examination of a person if, after assessing the person, the practitioner is satisfied that the person fulfils the criteria for involuntary admission on the grounds of mental illness or mental disturbance. (2) The recommendation for psychiatric examination must be in the (3) The recommendation authorises the practitioner, a paramedic or anyone else specified in the recommendation to do any of the (a) to control the person and bring the person to an approved treatment facility for psychiatric examination of the person; (b) if the person cannot be brought immediately to an approved treatment facility – to hold the person at a hospital (or other place where the person can be safely held) until it becomes practicable to do so; (c) without the approval of the Tribunal – to administer treatment immediately necessary: (i) to prevent the person causing serious harm to the person or to someone else; or (ii) to prevent behaviour of the person likely to cause serious harm to the person or to someone else; or (iii) to prevent further physical or mental deterioration of the (iv) to relieve acute symptomatology; (d) to detain the person at an approved treatment facility for up to 24 hours.

Mental Health and Related Services Act 1998 31 (4) The recommendation may authorise a police officer to exercise, or to assist someone else exercising, the powers under subsection (3)(a) if the practitioner considers there is no other alternative in the circumstances. (5) The practitioner must revoke the recommendation if, after a further assessment of the person, the practitioner is no longer satisfied the person fulfils the criteria for involuntary admission on the grounds of mental illness or mental disturbance. (6) On revoking the recommendation, the practitioner must: (a) release the person; and (b) give to the Tribunal a written report of the revocation and the reasons for the revocation in the approved form. (7) The recommendation remains in force for 14 days from the date it is made unless, in the meantime: (a) the practitioner revokes the recommendation under subsection (5); or (b) an examination of the person has been conducted as required by the recommendation. (8) For subsection (3), the practitioner, paramedic or anyone specified in the recommendation (the authorised officer) may: (a) use reasonable force and assistance; and authorised officer reasonably believes the person may be found.