36Notification of delay in taking person to approved treatment

36 Notification of delay in taking person to approved treatment facility (1) Where a person who is being held under section 34(3)(b) has not been taken to an approved treatment facility after a reasonable period after the recommendation is made or is taken to an approved temporary treatment facility, the person in whose custody the person is must notify the person-in-charge of the approved treatment facility to which the person is to be taken of: (a) the place where the person is being held; and (b) the reasons why the person has not been taken to the approved treatment facility. (2) When requested by the person-in-charge of the approved treatment facility, the person in whose custody the person is must: (a) notify the authorised psychiatric practitioner nominated by the person-in-charge; and (b) provide an assessment of the person; and (c) if necessary, obtain approval to treat the person from the authorised psychiatric practitioner nominated under paragraph (a). (3) The person-in-charge of the approved treatment facility notified under subsection (1) must forward a report to the Tribunal not later than 24 hours after being notified. (4) A report under subsection (3) is: (a) to be in the approved form; and

Mental Health and Related Services Act 1998 33 (b) to state where the person was held and the reasons why the person was not taken to the approved treatment facility; and (c) to give details of the treatment, if any, administered to the person and the reasons why it was necessary to administer the treatment. (5) A person who is admitted to an approved temporary treatment facility under subsection (1) must be transferred immediately to an approved treatment facility where: (a) the person's conditions deteriorates; or (b) 72 hours has elapsed since the person was admitted.