227Effect of detention in custody on certain orders

227 Effect of detention in custody on certain orders

(1) This section applies in relation to the following orders—

(a) an assessment order;

(b) a court assessment order;

(c) a temporary treatment order;

(d) a treatment order.

(2) An order to which this section applies has no effect while a person who is subject to the order is detained in custody.

(3) An order to which this section applies expires at the time it would otherwise have expired under this Act despite any period during which it has no effect under subsection (2).

(4) For the purposes of this section, a person is detained in custody if the person is held in—

(a) a prison within the meaning of the Corrections Act 1986; or

(b) a remand centre, youth justice centre or youth residential centre; or

(c) a police gaol within the meaning of the Corrections Act 1986; or

(d) immigration detention within the meaning of section 5 of the Migration Act 1958 of the Commonwealth, unless the person is assessed or receives treatment as an inpatient.

Chapter 5—Mental health crisis response and transport by authorised persons

Part 5.1—Principles and definitions

228 Health led response principle

The exercise of a power by an authorised person under this Chapter so far as is reasonably practicable in the circumstances—

(a) is to be exercised by an authorised health professional; or

S. 228(b) amended by No. 20/2023 s. 12.

(b) if it is not reasonably practicable in the circumstances for the power to be exercised by an authorised health professional, is so far as is reasonably practicable in the circumstances to be informed by—

(i) another authorised person who is an authorised health professional; or

(ii) the advice of a registered medical practitioner, an authorised mental health practitioner, a registered nurse or a registered paramedic.