Mental Health and Related Services Act 1998
79Assessment of prisoner
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79 Assessment of prisoner (1) A designated mental health practitioner or authorised psychiatric practitioner may examine and assess a prisoner to determine if section 45, 80A or 81 applies to the prisoner. (2) If requested to do so by a medical practitioner, the Commissioner of Correctional Services must arrange for a prisoner to be examined and assessed by a practitioner under subsection (1) within 24 hours after receiving the request. (3) However, the practitioner may refuse to examine or assess the prisoner if the practitioner is otherwise satisfied none of the provisions mentioned in subsection (1) applies to the prisoner. (4) The examination and assessment under subsection (1) may take place: (a) at the custodial correctional facility where the prisoner is held; or (b) with the approval of the Commissioner of Correctional Services after consulting with the person-in-charge of the facility – at an approved treatment facility.