Mental Health and Related Services Act 1998
75BPerson not required to be detained at approved treatment
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75B Person not required to be detained at approved treatment facility during adjournment (1) This section applies if the court has adjourned the proceedings under section 75(2) and one of the following applies: (a) the person is not admitted to the approved treatment facility as an involuntary patient following the examination and assessment of the person under section 38(1); (b) a determination is made under section 75A(1) for the person. (2) The person must, as soon as practicable: (a) if the person was in lawful custody when the order under section 75(2) was made and the person is not granted bail under section 75(8) – be returned to lawful custody; or
Division 2 Dismissal of charge following certificate from Chief Health Officer Mental Health and Related Services Act 1998 75 (b) otherwise – be released from the facility.