Mental Health (Compulsory Assessment and Treatment) Act 1992, s 12

The responsible clinician has to examine you and provide a certificate of further assessment before the end of the five-day period. The certificate must say whether or not the responsible clinician believes that you still have a “mental disorder” and, if they do, whether you need further assessment or treatment.

If the responsible clinician believes that you still have a “mental disorder” and need further treatment, you will stay under compulsory assessment for up to another 14 days. This is called the second period of assessment and treatment (see: “Step 6: The second period of assessment and treatment”).

You will be given a copy of the certificate and a notice explaining this. A copy of the certificate and the notice must also be sent to:

• the applicant for assessment
• your principal caregiver (if you have one)
• your usual GP or nurse
• your welfare guardian (if you have one)
• a district inspector
• an official visitor.

When the district inspector receives a copy of the certificate, they will contact you, find out your wishes and offer you legal advice about your rights. The district inspector will also give you information about your right to have a judge review the decision to keep you under compulsory assessment. If you (or any of the people who were sent a copy of the certificate) want a review, the district inspector can help with an application (see: “Reviews and appeals”).

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 70

Note: As the patient, you are entitled to legal advice and can request the assistance of a lawyer if you want advice about your legal rights.

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 12

You have to be released from compulsory status if the responsible clinician believes that you no longer have a “mental disorder” This means you can no longer be made to receive assessment or treatment, and, if you are in a hospital, you are free to leave.