Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 25

25 Taking person to authorised mental health service

(1) A health practitioner or ambulance officer may take a person for whom assessment documents are in force to an authorised mental health service for assessment.

Editor's note—
For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(2) For subsection (1), the health practitioner or ambulance officer—

(a) may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and
(b) is a public official for the Police Powers and Responsibilities Act 2000.
Editor's note—
For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 16 (Helping public officials exercise powers under other Acts).

(3) If asked by a health practitioner or ambulance officer, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.

(4) For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000, section 16(3).

(5) In exercising the power under subsection (1), the health practitioner or ambulance officer must, to the extent that it is reasonable and practicable in the circumstances—

(a) tell the person that assessment documents are in force for the person; and
(b) explain to the person, in general terms, the nature and effect of the assessment documents.
Editor's note—
See also section 542 (Official to identify himself or herself before exercising powers).

(6) Failure to comply with subsection (5) does not affect the validity of the exercise of the power.



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