17.5 - Authority to enter premises

Under section 511 of the Act, where there is an authority to take a person to an authorised mental health service for assessment, an authorised person may only enter a private dwelling where the person is at, if the occupier consents to that entry, or where entry is authorised by way of a warrant. The person with authority to take the person to an authorised mental health service may apply to a Magistrate for a warrant under section 512. Under section 513 the Magistrate will only issue the warrant where satisfied there are reasonable grounds for suspecting the patient may be at the place; and the warrant is necessary to take the person to an authorised mental health service for assessment. The warrant authorises a police officer to detain the person and take them to an authorised mental health service.