75Admission order

75 Admission order (1) This section applies if, after receiving a report prepared for section 74A, the court is satisfied: (a) the person fulfils the criteria for involuntary admission on the grounds of mental illness or mental disturbance; and (b) resources are available at a specified approved treatment facility to diagnose and treat the person. (2) The court may: (a) adjourn the proceedings for a period specified by the court; and

Mental Health and Related Services Act 1998 73 (b) order the person be detained in the approved treatment facility for: (i) an examination and assessment of the person under section 38(1); and (ii) if the person is admitted to the facility – diagnosis and (3) For subsection (2), the period specified must not exceed the shorter of the following: (a) the duration of the admission recommended in the report; (b) 15 days. (4) An order under subsection (2)(b) must specify who is responsible for conveying the person from the court to the facility and, if section 75B(2)(a) applies, returning the person to lawful custody. (5) A registrar of the Local Court must: (a) send a copy of the order to the person-in-charge of the facility: (i) as soon as practicable after the order is made; and (ii) before the person is conveyed to the facility; and (b) if the order is cancelled, varied or extended – send notification that the order has been cancelled or a copy of the order as varied or extended (as the case may be) to the person-in- charge of the facility as soon as practicable after the order has been cancelled, varied or extended. (6) The court may impose conditions for the order under subsection (2)(b). (7) The conditions may include, but are not limited to, any of the (a) a condition requiring the person to be detained in a particular part of the facility; (b) a condition requiring the person to be kept under guard at the facility; (c) a condition for the granting to the person of leave of absence from the facility;

Mental Health and Related Services Act 1998 74 (d) if the person is a prisoner – a condition requiring the person to be subject to the restrictions that would apply if the person were in a custodial correctional facility. (8) The court may grant the person bail to enable the person to be released from the facility while the proceedings are adjourned if section 75B applies. (9) The prosecutor, Chief Health Officer or the person may apply to the court at any time to cancel, vary or extend the order.