17.3 - Emergency Examination Orders

Where a Justices Examination Order would cause a dangerous delay and significantly increase the risk of harm to the person or others, Part 2 Division 3 of the Act authorises police officers, ambulance officers and psychiatrists to take a person to an authorised mental health service to determine whether the assessment documents should be made for the person. A police or ambulance officer must reasonably believe the person has a mental illness, and because of that illness, there is an imminent risk of significant physical harm to the person or others. The criteria for a psychiatrist to make an emergency examination order is exactly the same as the criteria for police officers and ambulance officers, except that a psychiatrist must be satisfied (rather than reasonably believe) that the person has a mental illness. In practice, the form is completed on arrival at the health service. The person may be detained for up to 6 hours after the order is made.