Queensland Consolidated Acts Queensland Consolidated Acts(1) The justices examination order authorises a doctor or authorised mental health practitioner to examine the person to decide whether a recommendation for assessment for the person should be made.
Note—
If a recommendation for assessment for the person is made, the person may only be taken to an authorised mental health service for assessment if a request for assessment for the person is also made, see section 25(1).
(2) For subsection (1), the doctor or practitioner may enter a place stated in the order or another place the doctor or practitioner reasonably believes the person may be found.
(3) The doctor or practitioner may exercise a power under this section with the help that is reasonable in the circumstances.
(4) For subsections (1) and (2)—
(a) the doctor or practitioner is a public official for the Police Powers and Responsibilities Act 2000; and
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).
(b) a police officer may detain the person at the place for the examination to be carried out by a doctor or authorised mental health practitioner.
Editor's note—
For a police officer's entry and search powers, see the Police Powers and Responsibilities Act 2000, section 21 (General power to enter to arrest or detain someone or enforce warrant).
(5) If asked by the doctor or practitioner, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.
(6) 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).
(7) In exercising a power under this section, the doctor or practitioner must, to the extent that it is reasonable and practicable in the circumstances—
(a) explain to the person, in general terms, the nature and effect of the order; and
(b) produce the order to the person for inspection.
Editor's note—
See also section 542 (Official to identify himself or herself before exercising powers).
(8) Production by the doctor or practitioner of a facsimile copy of the order is sufficient compliance with subsection (7)(b).
(9) Failure to comply with subsection (7) does not affect the validity of the exercise of the power.
(10) A power under this section may be exercised at any reasonable time of the day or night.