Mental Health (Compulsory Assessment and Treatment) Act 1992

111 Powers of nurse where urgent assessment required

• (1) If—

  • (a) any person who has been admitted to hospital (not being a patient who is already subject to assessment or treatment under this Act) is acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, or such a person is brought to a hospital; and

  • (b) a nurse having immediate responsibility in the matter considers that—

    • (i) there are reasonable grounds for believing that the person may be mentally disordered; and

    • (ii) it may be desirable for the person to have an assessment examination urgently in the person's own interests or the interests of any other person,—

  the nurse shall arrange as soon as practicable for a medical practitioner to examine the patient with a view to the issue of a certificate by that medical practitioner under section 8B(4)(b).

  (2) Subject to subsection (3), in any case to which subsection (1) applies, the nurse may—

  • (a) detain the person where he or she is until a medical practitioner has examined the patient; or

  • (b) take the person to some other place to enable a medical practitioner to examine the patient, and detain the person at that other place until a medical practitioner has examined the patient.

  (3) No person shall be detained under this section for more than 6 hours from the time when the nurse first calls for a medical practitioner to examine the person.

  Section 111(1): amended, on 1 April 2000, by section 61(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 111(1)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

  Section 111(1)(b)(i): amended, on 1 April 2000, by section 61(a) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).