Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 90

90 When custodian is to take custody of patient

(1) This section applies to a patient—

(a) who—
(i) is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64(3); or
(ii) is serving a sentence of imprisonment or period of detention under a court order; or
(b) for whom the director has made a decision under section 89(2)(a).

(2) The director must immediately give written notice to the custodian who made the custodian's assessment authority for the patient that this section applies to the patient.

(3) Within 1 day after receiving the director's notice, the custodian must cause a proper officer to take the patient from the authorised mental health service into the custodian's custody.

(4) The proper officer may take the patient from the authorised mental health service into the custodian's custody.

(5) A proper officer, other than a police officer, may exercise the power under subsection (4) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(6) In this section—

proper officer means—

(a) a police officer; or
(b) a correctional officer; or
(c) a detention centre officer; or
(d) another person acting for the State or the Commonwealth who is prescribed under a regulation.


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