17.2 - Justices Examination Orders

If an examination by a doctor cannot readily occur, the examination may be initiated alternatively under a Justice's Examination Order. The order authorises an authorised mental health practitioner to enter a place to examine the person involuntarily and to decide whether a recommendation for assessment should be made. The order has effect for seven days.

Section 27 allows any adult to make a sworn application to either a Magistrate or a Justice of the Peace. Under section 28 the Magistrate or Justice of the Peace must be satisfied that the person has a mental illness; that the person should be examined by an authorised mental health practitioner to decide whether a recommendation for assessment should be made; and that the examination can not properly be undertaken without making the order. The order must be in the approved form (see forms below). It is important to note that the request and recommendation for assessment must also be made for the person in order to take the person to an authorised mental health service for assessment.

For further information click here