Mental Health (Care and Treatment) Act 2008 · 2020 Revised Edition · Part 2 · Admission and Detention of Mentally Disordered Persons in Psychiatric Institutions
10. General provisions as to admission and detention for treatment
Feedback & supportA designated medical practitioner at a psychiatric institution who has examined any person who is suffering from a mental disorder and is of the opinion that that person should be treated, or continue to be treated, as an inpatient at the psychiatric institution may at any time sign an order in accordance with Form 1 in the Schedule —
designated medical practitioner
“designated medical practitioner”, in relation to any psychiatric institution, means a medical practitioner who is working in the psychiatric institution and who is designated by name or office in writing by the Director or such public officer as the Director may appoint, for the purposes of this Act;
for the admission of the person into the psychiatric institution for treatment; or
in the case of an inpatient, for the detention and further treatment of the person,and the person may be detained for a period of 72 hours commencing from the time the designated medical practitioner signed the order.
A patient who has been admitted for treatment or detained for further treatment under an order made under subsection (1) may be detained for a further period of one month commencing from the end of the period of 72 hours mentioned in that subsection if —
patient
“patient” means any person who has been detained or is receiving treatment in a psychiatric institution;
before the end of the period of 72 hours, the patient has been examined by another designated medical practitioner at the psychiatric institution and that designated medical practitioner is of the opinion that the patient requires further treatment at the psychiatric institution; and
the designated medical practitioner mentioned in paragraph (a) signs an order in accordance with Form 2 in the Schedule.
A patient who has been detained for further treatment under an order made under subsection (2) must not be detained for any further period at the psychiatric institution for treatment unless before the end of the period of one month mentioned in that subsection, the patient has been brought before 2 designated medical practitioners working at the psychiatric institution, one of whom must be a psychiatrist, who have examined the patient separately and who are both satisfied that the patient requires further treatment at the psychiatric institution.
treatment
“treatment” includes observation, inpatient treatment, outpatient treatment and rehabilitation.
Each of the designated medical practitioners mentioned in subsection (3) must sign an order in accordance with Form 3 in the Schedule.
Two orders signed in accordance with subsection (4) are sufficient authority for the detention of the patient to whom they refer for a period not exceeding 6 months commencing from the date of the order.
A person must not be detained at a psychiatric institution for treatment unless —
psychiatric institution
“psychiatric institution” means a psychiatric institution designated by the Minister under section 3;
the person is suffering from a mental disorder which warrants the detention of the person in a psychiatric institution for treatment; and
it is necessary in the interests of the health or safety of the person or for the protection of other persons that the person should be so detained.