143Compulsory treatment criteria

143 Compulsory treatment criteria

The compulsory treatment criteria for a person to be made subject to a temporary treatment order or treatment order are that—

(a) the person has mental illness; and

(b) because the person has mental illness, the person needs immediate treatment to prevent—

(ii) serious harm to the person or to another person; and

(c) if the person is made subject to a temporary treatment order or treatment order, the immediate treatment will be provided to the person; and

(d) there are no less restrictive means reasonably available to enable the person to receive the immediate treatment.

Part 4.2—Assessment orders

Division 1—Making of assessment order

144 Making of assessment order

(1) A registered medical practitioner or an authorised mental health practitioner may make an assessment order in respect of a person if the practitioner—

(a) has examined the person within the previous 24 hours; and

(b) is satisfied that the compulsory assessment criteria apply to the person.

(2) In determining whether to make an assessment order in respect of a person, a registered medical practitioner or an authorised mental health practitioner—

(a) must have regard to any relevant information communicated to the practitioner by the person being examined; and

(b) may have regard to any other relevant information, including information communicated to the practitioner by any other person.

(3) Before a registered medical practitioner or an authorised mental health practitioner examines a person under subsection (1)(a), the practitioner must—

(a) identify themselves to the person; and

(b) inform the person that the person will be examined by the practitioner; and

(c) take all reasonable steps to explain the purpose of the examination to the person.