Victorian Current Acts Victorian Current ActsS. 351(1) amended by No. 55/2014 s. 175(2).
(1) A police officer, or a protective services officer on duty at a designated place, may apprehend a person if the police officer or the protective services officer is satisfied that—
(a) the person appears to have mental illness; and
(b) because of the person's apparent mental illness, the person needs to be apprehended to prevent serious and imminent harm to the person or to another person.
S. 351(2) amended by No. 55/2014 s. 175(3).
(2) A police officer or a protective services officer is not required for the purposes of subsection (1) to exercise any clinical judgement as to whether the person has mental illness.
S. 351(3) amended by No. 55/2014 s. 175(3).
(3) A police officer or a protective services officer exercising the powers conferred by this section may be accompanied by a registered medical practitioner or a mental health practitioner.
S. 351(4) amended by No. 55/2014 s. 175(4).
(4) A person apprehended under this section is subject to the custody of the police officer or the protective services officer, as the case may be, until released from that custody in accordance with this section.
S. 351(4A) inserted by No. 55/2014 s. 175(5).
(4A) As soon as practicable after apprehending a person under this section, a protective services officer must—
(a) hand the person into the custody of a police officer; or
(b) for the purposes of enabling the person to be examined in accordance with section 30, arrange for the person to be taken to—
(i) a registered medical practitioner or mental health practitioner; or
(ii) a public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988 .
S. 351(5) amended by No. 55/2014 s. 175(6).
(5) As soon as practicable after apprehending a person under this section or being handed a person apprehended by a protective services officer under subsection (4A)(a), a police officer must arrange for the person to be taken to—
(a) a registered medical practitioner or mental health practitioner; or
(b) a public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988 to enable a registered medical practitioner or mental health practitioner—
to examine the person in accordance with section 30 to determine whether to make an Assessment Order.
S. 351(5A) inserted by No. 55/2014 s. 175(7).
(5A) A person apprehended under this section by a protective services officer is released from the custody of the protective services officer when—
(a) the person enters into the custody of a police officer; or
(b) if subsection (4A)(b)(i) applies, the person is made subject to an Assessment Order; or
(c) if subsection (4A)(b)(ii) applies, the person enters into the care of the public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988 .
(6) A person apprehended under this section is released from the custody of the police officer when—
(a) if subsection (5)(a) applies, the person is made subject to an Assessment Order; or
(b) if subsection (5)(b) applies, the person enters into the care of the public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988 .
S. 351(7) amended by No. 55/2014 s. 175(8).
(7) For the purposes of apprehending a person under this section, a police officer or a protective services officer has all the powers necessary to do so.
(8) Nothing in this section limits—
(a) any other power of a registered medical practitioner or mental health practitioner in relation to a person apprehended under this section; or
S. 351(8)(b) amended by No. 55/2014 s. 175(8).
(b) any other power of a police officer or a protective services officer in relation to a person apprehended under this section.