37Assessment warrant

37 Assessment warrant (1) A practitioner or police officer may apply to the Tribunal for a warrant to apprehend a person. (2) The application may be made in writing or by telephone, fax or other form of electronic communication. (3) The Tribunal may issue the warrant if satisfied: (a) the person may be unable to care for himself or herself; and (b) the person may fulfil the criteria for involuntary admission on the grounds of mental illness or mental disturbance; and (c) all other reasonable avenues to assess the person have been exhausted. (4) The warrant remains in force for 14 days from its date of issue unless, in the meantime: (a) the Tribunal revokes the warrant; or (b) an assessment of the person has been conducted. (5) If the warrant is issued, a copy of the warrant may be sent by fax or email to the applicant or anyone else who may apply for the warrant (the recipient). (6) The Tribunal must send the warrant to the recipient within 7 days after the warrant is issued. (7) A copy of the warrant has effect as if it were the warrant.

Mental Health and Related Services Act 1998 34 (8) The warrant authorises a practitioner: (a) to apprehend and control the person; and (b) to conduct an assessment of the person. (9) The warrant authorises a police officer: (a) to apprehend and control the person; and (b) to bring the person to a practitioner for an assessment of the (10) If a practitioner or police officer believes, on reasonable grounds, a warrant has been issued under this section for a person, the practitioner or police officer may apprehend and control the person. (11) As soon as possible after a person is apprehended under subsection (10), the practitioner or police officer: (a) must inform the person that the practitioner or police officer, as the case may be: (i) believes a warrant has been issued for the person under this section; and (ii) is authorised to apprehend the person and, subject to verification of the warrant, make arrangements for an assessment of the person by a practitioner; and (b) must take steps to verify that a warrant has been issued for (c) must: (i) if a warrant has been issued – contact the practitioner or police officer to whom the warrant was issued and make arrangements for an assessment of the person by a practitioner; or (ii) otherwise – release the person. (12) For this section, the Tribunal may be constituted by: (a) the President; or (b) a Deputy President; or (c) a member appointed with reference to section 16(2)(a) of the NTCAT Act.

Mental Health and Related Services Act 1998 35 (13) For subsection (8), (9) or (10), the practitioner or police officer may: (a) use reasonable force and assistance; and practitioner or police officer reasonably believes the person may be found. (14) In this section: medical practitioner or a designated mental health practitioner.