Mental Health (Compulsory Assessment and Treatment) Act 1992

11 Further assessment and treatment for 5 days

• (1) If the medical practitioner records a finding under section 10(1)(b)(ii), the medical practitioner must require the patient to undergo further assessment and treatment throughout the first period. The medical practitioner must give the patient written notice of this requirement.

  (2) In the notice, the medical practitioner must—

  • (a) require the patient to attend at the patient's place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment throughout the first period; or

  • (b) if the medical practitioner considers that the patient cannot be further assessed and treated adequately as an outpatient, direct that the patient be admitted to and detained in a specified hospital for the purposes of assessment and treatment throughout the first period.

  (3) If, at any time during the first period, the responsible clinician considers that a patient who is an outpatient cannot continue to be assessed and treated adequately as an outpatient, the clinician may give a written notice—

  • (a) directing the patient to present himself or herself at a specified hospital to be admitted and detained for the purposes of assessment and treatment during the remainder of the first period; and

  • (b) directing the person in charge of the hospital to admit and detain the patient for the purposes of assessment and treatment during the remainder of the first period.

  (4) If, at any time during the first period, the responsible clinician considers that a patient who is an inpatient can continue to be assessed and treated adequately as an outpatient, the clinician must give a written notice—

  • (a) directing the person in charge of the hospital to discharge the patient; and

  • (b) directing the patient to attend at the patient's place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment during the remainder of the first period.

  (5) If, at any time during the first period, the responsible clinician considers that a patient who is an inpatient is fit to be granted leave of absence from the hospital, the clinician may grant the patient leave on such terms and conditions as the clinician thinks fit. The clinician must ensure that the following records are made:

  • (a) if the leave is for a period of up to 8 hours on 1 day between 8 am and 10 pm, the grant of leave, and its terms and conditions, must be recorded in the patient's clinical records:

  • (b) if the leave is other than as described in paragraph (a), the grant of leave, and its terms and conditions, must be recorded—

    • (i) in the patient's clinical records; and

    • (ii) in a written notice given to the patient and to the person in charge of the hospital.

  (6) If, at any time during the first period, the responsible clinician considers that a patient is fit to be released from compulsory status, the clinician must give a written notice to the patient and, if necessary, to the person in charge of the hospital directing that the patient be released from that status immediately.

  (7) At any time during the first period, the patient, or a person specified in section 10(4)(a)(ii) to (v), may apply to the court to have the patient's condition reviewed under section 16 (without limiting anything in this section).

  Section 11: substituted, on 1 April 2000, by section 11 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).