Judicial orders
AMHS Administrators: Roles and responsibilities
Examination orders
A magistrate may make an 'examination order' for a person before the court if the person has, or may have, a mental illness.
The examination order may direct an authorised person to transport the person immediately to an inpatient unit of a service, or direct the person to attend a service or a public sector health service facility within 28 days.
The examination order authorises an authorised doctor to examine the person, without the person's consent, to decide whether to:
- make a treatment authority for the person
- make a recommendation for the person's voluntary treatment and care
- if the person is already subject to an authority or order, change the nature of the treatment and care provided to the person under the authority or order.
Entering of not guilty plea and referral to Mental Health Court
Provisions of the Act apply where the Supreme Court or District Court believes a person may have been of unsound mind when an offence was allegedly committed or is unfit for trial.
Where this occurs, the court may enter a plea of not guilty for the person, adjourn the proceeding, and refer the matter of the person's mental state to the Mental Health Court.
The court may also order that the person be remanded in custody, granted bail or detained in an authorised mental health service.
An order for the detention of the person in an authorised mental health service requires the agreement of the administrator of the service or, if the administrator does not agree, the chief psychiatrist. An agreement may be made only if the service has the capacity to detain the person.
The detention of a minor in a high security unit requires the approval of the chief psychiatrist.
Detention in authorised mental health service during an adjournment
During an adjournment of a trial in relation to an indictable offence, a court may order that a person be detained in an authorised mental health service during the adjournment.
An order for the detention of the person in an authorised mental health service requires the agreement of the administrator of the service or, if the administrator does not agree, the chief psychiatrist. An agreement may be made only if the service has the capacity to detain the person.
The detention of a minor in a high security unit requires the approval of the chief psychiatrist.