42Detention following involuntary admission on grounds of

42 Detention following involuntary admission on grounds of mental disturbance (1) A person admitted to an approved treatment facility as an involuntary patient on the grounds of mental disturbance may be detained for up to 72 hours on those grounds. (2) The person may be detained for a further period of up to 7 days if, after examining the person, 2 authorised psychiatric practitioners are satisfied: (a) if the person is released and does not receive treatment or care under this Act, the person: and (b) the person is not capable of giving informed consent to the treatment or care or has unreasonably refused to consent to the treatment or care; and

Mental Health and Related Services Act 1998 39 (c) there is not a less restrictive way of ensuring the person receives the treatment or care. Note for subsections (1) and (2) Before the expiry of the period mentioned in subsection (1) or (2), any of the following may occur: (a) the person may be admitted as a voluntary patient under Part 5; (b) following an examination under section 44(1) or a review of the person's admission under section 123: (i) the person may be admitted as an involuntary patient on the grounds of mental illness; or (ii) an interim community management order may be made for the person; or (iii) the person may be released. (3) For subsection (2), the examination by the 2 practitioners may consist of an examination conducted under section 44(1)(a) and a separate examination conducted by another practitioner. (4) If it is not practicable for a practitioner to conduct a face-to-face examination for subsection (2), the practitioner may conduct the examination: