Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 13

13 What are the assessment criteria

(1) The assessment criteria for a person, are all of the following, based on available information—

(a) the person appears to have a mental illness;
(b) the person requires immediate assessment;
(c) the assessment can properly be made at an authorised mental health service;
(d) there is a risk that the person may—
(i) cause harm to himself or herself or someone else; or
(ii) suffer serious mental or physical deterioration;
(e) there is no less restrictive way of ensuring the person is assessed.

(2) Also, for chapter 2, the assessment criteria for a person include—

(a) lacking the capacity to consent to be assessed; or
(b) having unreasonably refused to be assessed.

(3) Despite the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998, the person's own consent only is relevant for subsection (2).

Example for subsection (3)—
If a guardian has been appointed under the Guardianship and Administration Act 2000 for a person, the guardian's consent to the person's assessment is not effective.


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