An application (Form 13) for an order authorising an accredited medical practitioner to visit and assess a person to ascertain whether a dependency certificate should be issued is filed with the court registry. The application must be sworn and include evidence of the matters of which the magistrate must be satisfied before making an order: see [60-220].

It may seek that any order include an authorisation for the accredited medical practitioner to be accompanied by a police officer (where there are serious concerns as to the safety and welfare of the person or others if the person was to be taken to a treatment centre without police assistance: see s 23) or other person.

The registry will make enquiries as to the availability of a bed prior to the listing and determination of the application.

Applications are listed and determined in court. However, s 41 prohibits the identification of a person to whom any proceedings under the Act relate, or of any person who is a witness or is mentioned or otherwise involved in the proceedings.

An order for assessment may only be made if the magistrate is satisfied that the person:

If it is considered there is insufficient evidence in the application to enable the determination of any of those matters, the agreed practice is for the application to be adjourned for up to 7 working days for further evidence to be collected.

The agreed timeframe for acting upon an order for assessment is 7 working days, with a new order to be sought if an assessment is not carried out under the original order within that period.

The accredited medical practitioner is to inform the registry of the outcome of an order for assessment (Form 2). If a dependency certificate has issued as a result of the assessment, a copy will be provided and a review hearing before a magistrate will be required.

Proceedings are to be conducted as quickly as possible, with as little formality and technicality as the proper consideration of the matter permits: s 37(1).

The accredited medical practitioner is responsible for making arrangements to ensure all appropriate medical witnesses and other relevant medical evidence concerning the person is before the magistrate: s 34(2). A summons may be issued, either at the request of a person involved in the proceedings or of the magistrate’s own motion, requiring a person to attend as a witness in the proceedings or produce documents relating to the proceedings (or both): s 39(1).

The rules of evidence do not apply to the conduct of a review hearing. The magistrate may inform himself or herself as is considered appropriate and as the proper consideration of the matter permits: s 37(2). An oath may be administered to any person giving evidence: s 37(6).

The proceedings are open to the public, but the magistrate may order that they be conducted in private or that the publication of any report of the proceedings, the evidence or names of persons involved in the proceedings be prohibited or restricted: s 37(3), (4). Such an order may be made if it is desirable to do so for the welfare of the person or for any other reason, either upon the application of the person or anyone else appearing in the proceedings, or of the magistrate’s own motion.

The dependent person is entitled to be legally represented but may choose not to be, or with the leave of the magistrate may nominate another person to represent them: s 37(7). The Mental Health Advocacy Service provides legal representation. An interpreter may assist the person if they are not able to communicate adequately in English: s 37(5).

The primary carer of the person may appear in the proceedings if the magistrate grants leave: s 37(9). They, or any other person appearing in the proceedings, may also be legally represented if the magistrate grants leave: s 37(9).

The proceedings must be recorded: s 42(1). The registry staff member accompanying the magistrate provides a hand-held recording device for that purpose.

The treatment centre provides a room for the conduct of the review hearings that has a suitable layout and is fitted out to ensure:

The magistrate is required to determine whether or not, on the balance of probabilities, the person meets the criteria for detention under s 9: s 34(3). To this end, the magistrate must consider the following matters set out in s 34(4):

If the magistrate is satisfied, having regard to the matters in s 34(4), that the person meets the criteria for detention under s 9, he or she may make an order that confirms the issuing of the dependency certificate, either:

If the magistrate is not so satisfied, he or she must order that the person be discharged from the treatment centre and the dependency certificate is of no further effect.

If the magistrate considers it is in the best interests of the person to do so, the proceedings may be adjourned for up to 7 days: s 38(1). The dependency certificate continues to have effect (subject to the existing expiry date specified in the certificate): s 38(2).

Under s 34, an application to extend a dependency certificate may be made by an accredited medical practitioner if he or she:

The application (Form 7) must be signed by the accredited medical practitioner and set out his or her reasons for being satisfied of the above matters. A copy of the proposed treatment plan is to be attached. The application is to specify the period of the extension sought. A dependency certificate may only be extended so as to continue for a period of up to 3 months from the date it was originally issued: s 35(2).

The application must be considered within 7 days: s 35(1).

The magistrate is to determine whether or not the detention and treatment period for the person should be extended, and if so for how long, having regard to (s 35(3)):

The same procedures and practical arrangements as for review hearings apply.