Mental Health Act

Question 1

32A Apprehension by police

Answer 1

(1) This section applies if a police officer believes, on reasonable grounds:
(a) a person may require treatment or care under this Act having regard to the appearance and behaviour of the person; and

(b) the person is likely to cause serious harm to himself or herself or to someone else unless apprehended immediately; and
(c) it is not practicable in the circumstances to seek the assistance of an authorised psychiatric practitioner, a medical practitioner or a designated mental health practitioner.
(2) The police officer may apprehend the person and bring the person to an authorised psychiatric practitioner, a medical practitioner or a designated mental health practitioner for an assessment under section 33.

(3) The person must be brought to the practitioner as soon as practicable.
(4) However, before the person is brought to the practitioner, the police officer must inform the person that he or she has been apprehended for the purposes of an assessment by a practitioner under this Act.
(5) The police officer must give the practitioner details of:
(a) the reasons for apprehending the person; and

(b) any force used to apprehend the person and bring the person to the practitioner.
(6) For subsection (1)(a), the police officer is not required to exercise any clinical judgment in forming a belief that the person requires treatment or care under this Act.

(7) For subsection (2), the police officer may:
(a) use any reasonable force and assistance; and

(b) enter private premises or any other private place where the police officer reasonably believes the person may be found

Question 2

166A Person absent without approval

Answer 2

(1) This section applies to a person who is admitted to an approved treatment facility under Part 5 or 6 if:
(a) the person is absent from the facility without leave granted under section 166(1); or

(b) the person has been granted leave under section 166(1) and any of the following occurs:
(i) the person fails to return to the facility by the end of the leave;

(ii) the leave is cancelled;
(iii) the person fails to comply with a condition of the leave.
Note for subsection (1)

Section 83A applies to a prisoner who is absent from an approved treatment facility.
(2) A police officer or person authorised by an authorised psychiatric practitioner may:

(a) apprehend the person; and

(b) return the person to the facility.
(3) Reasonable force and assistance may be used for subsection (2).

(4) For subsection (2), a police officer may enter private premises or any other private place where the police officer reasonably believes the person may be found.