38Examination at approved treatment facility

38 Examination at approved treatment facility (1) A person detained at an approved treatment facility under section 30 or 34(3)(d) must be examined and assessed by an authorised psychiatric practitioner. (2) Following the assessment, if the authorised psychiatric practitioner is satisfied the person: (a) fulfils the criteria for involuntary admission on the grounds of mental illness, the authorised psychiatric practitioner must admit the person as an involuntary patient; or (b) fulfils the criteria for involuntary admission on the grounds of mental disturbance, the authorised psychiatric practitioner must admit the person as an involuntary patient; or (c) fulfils the criteria for involuntary treatment in the community, the authorised psychiatric practitioner must make an interim community management order in relation to the person; or (d) does not fulfil the criteria for involuntary admission on the grounds of mental illness or mental disturbance, or for involuntary treatment in the community, the authorised psychiatric practitioner must release the person. (3) An authorised psychiatric practitioner must not examine a person and make an assessment of the person under this section if the authorised psychiatric practitioner made the recommendation for psychiatric examination of the person.

Division 2 Involuntary admission on grounds of mental illness Mental Health and Related Services Act 1998 36 Division 2 Involuntary admission on grounds of mental illness 39 Involuntary admission on grounds of mental illness (1) A person admitted as an involuntary patient on the grounds of mental illness may be detained at the approved treatment facility: (a) for up to 24 hours; or (b) if an authorised psychiatric practitioner makes the recommendation for psychiatric examination of the person before the admission – for up to 14 days after the examination. (2) An authorised psychiatric practitioner must examine a person detained under subsection (1)(a). (3) Following the examination, if the authorised psychiatric practitioner is satisfied that the person: (a) fulfils the criteria for involuntary admission, the authorised psychiatric practitioner may detain the person at the approved treatment facility for a further period of up to 14 days after the examination; or (b) does not fulfil the criteria for involuntary admission, the authorised psychiatric practitioner must discharge the person as an involuntary patient. (4) An authorised psychiatric practitioner must not rely exclusively on any other assessment that may have been made of a person when assessing the person under this section. (5) If it is not practicable for the authorised psychiatric practitioner to conduct a face-to-face examination under subsection (2), the practitioner may conduct the examination: