{"id":"a-2015-38","name":"Mental Health Act 2015","slug":"mental-health-act-2015","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"38 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23949,"registerId":"act-a-2015-38-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Mental Health Act 2015.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘care and protection order—see the\nChildren and Young People Act 2008, section 422.’ means that the term\n‘care and protection order’ is defined in that section and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Chapter 1\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects and important","content":"Chapter 2 Objects and important\nconcepts\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Objects of Act","content":"5 Objects of Act\nThe objects of this Act are to—\n(a) promote the recovery of people with a mental disorder or mental\n(b) promote the capacity of people with a mental disorder or mental\nillness to determine, and participate in, their assessment and\ntreatment, care or support, taking into account their rights in\nrelation to mental health under territory law; and\n(c) ensure that people with a mental disorder or mental illness\nreceive assessment and treatment, care or support in a way that\nis least restrictive or intrusive to them; and\n(d) facilitate access by people with a mental disorder or mental\nillness to services provided in a way that recognises and respects\ntheir rights, inherent dignity and needs; and\n(e) promote the inclusion of, and participation by, people with a\nmental disorder or mental illness in communities of their choice;\nand\n(f) facilitate access by people with a mental disorder or mental\nillness to assessment and treatment, care or support as far as\npracticable in communities of their choice; and\n(g) support improvements in mental health through mental health\npromotion, illness prevention and early intervention.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Principles applying to Act","content":"6 Principles applying to Act\nIn exercising a function under this Act, the following principles must\nbe taken into account:\n(a) a person with a mental disorder or mental illness has the same\nrights and responsibilities as other members of the community\nand is to be supported to exercise those rights and\nresponsibilities without discrimination;\n(b) a person with a mental disorder or mental illness has the right\nto—\n(i) consent to, refuse or stop treatment, care or support; and\n(ii) be told about the consequences of consenting to, refusing\nor stopping treatment, care or support;\n(c) a person with a mental disorder or mental illness has the right to\ndetermine the person’s own recovery;\n(d) a person with a mental disorder or mental illness has the right to\nhave the person’s will and preferences, to the extent that they\nare known or able to be known, taken into account in decisions\nmade about treatment, care or support;\n(e) a person with a mental disorder or mental illness has the right to\naccess the best available treatment, care or support relating to\nthe person’s individual needs;\n(f) a person with a mental disorder or mental illness has the right to\nbe able to access services that—\n(i) are sensitive and responsive to the person’s individual\nneeds, including in relation to age, gender, culture,\nlanguage, religion, sexuality, trauma and other life\nexperiences; and\n(ii) observe, respect and promote the person’s rights, liberty,\ndignity, autonomy and self-respect;\n\n(g) a person with a mental disorder or mental illness has the right to\nbe given timely information, in a way that the person is most\nlikely to understand, to allow the person to make decisions or\nmaximise the person’s contribution to decision-making about\nthe person’s assessment and treatment, care or support;\n(h) a person with a mental disorder or mental illness has the right to\ncommunicate, and be supported in communicating, in a way\nappropriate to the person;\n1 aided augmentative and alternative communication including\nteletypewriter services, communication boards and communication\nbooks\n2 unaided augmentative and alternative communication including sign\nlanguage and facial expression\n3 use of an interpreter or translation service\n4 use of an independent advocacy service\n(i) a person with a mental disorder or mental illness has the right to\nbe assumed to have decision-making capacity, unless it is\nestablished that the person does not have decision-making\ncapacity;\n(j) services provided to a person with a mental disorder or mental\nillness should—\n(i) respect the informed consent of the person to the person’s\nassessment and treatment, care or support including\nconsent as expressed in an advance consent direction; and\n(ii) support and allow the person to make the person’s own\ndecisions; and\n(iii) be provided in a way that considers and respects the\npreferences of the person, including those expressed in an\nadvance agreement; and\n\n(iv) promote a person’s capacity to determine the person’s\nrecovery from mental disorder or mental illness; and\n(v) seek to bring about the best therapeutic outcomes for the\nperson and promote the person’s recovery; and\n(vi) be therapeutic or diagnostic in nature for the benefit of the\nperson, and never administered as punishment or for the\nbenefit of someone other than the person; and\n(vii) be delivered in a way that takes account of, and continues\nto build on, evidence of effective assessment and\n(viii) be provided in a way that ensures that the person is aware\nof the person’s rights; and\n(ix) facilitate appropriate involvement of close relatives, close\nfriends and carers in treatment, care or support decisions in\npartnership with medical professionals; and\n(x) acknowledge the impact of mental disorder and mental\nillness on the close relatives, close friends and carers of\npeople with a mental disorder or mental illness; and\n(xi) recognise the experience and knowledge of close relatives,\nclose friends and carers about a person’s mental disorder\nor mental illness; and\n(xii) promote inclusive practices in treatment, care or support to\nengage families and carers in responding to a person’s\nmental disorder or mental illness; and\n(xiii) promote a high standard of skill and training for the people\nproviding treatment, care or support.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of decision-making capacity","content":"7 Meaning of decision-making capacity\nFor this Act, a person has capacity to make a decision in relation to\nthe person’s treatment, care or support for a mental disorder or mental\nillness (decision-making capacity) if the person can, with assistance\nif needed—\n(a) understand when a decision about treatment, care or support for\nthe person needs to be made; and\n(b) understand the facts that relate to the decision; and\n(c) understand the main choices available to the person in relation\nto the decision; and\n(d) weigh up the consequences of the main choices; and\n(e) understand how the consequences affect the person; and\n(f) on the basis of paragraphs (a) to (e), make the decision; and\n(g) communicate the decision in whatever way the person can.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Principles of decision-making capacity","content":"8 Principles of decision-making capacity\n(1) In considering a person’s decision-making capacity under this Act,\nthe following principles must be taken into account:\n(a) a person’s decision-making capacity is particular to the decision\nthat the person is to make;\n(b) a person must be assumed to have decision-making capacity,\nunless it is established that the person does not have\ndecision-making capacity;\n(c) a person who does not have decision-making capacity must\nalways be supported to make decisions about the person’s\ntreatment, care or support to the best of the person’s ability;\n(d) a person must not be treated as not having decision-making\ncapacity unless all practicable steps to assist the person to make\ndecisions have been taken;\n\n(e) a person must not be treated as not having decision-making\ncapacity only because—\n(i) the person makes an unwise decision; or\n(ii) the person has impaired decision-making capacity under\nanother Act, or in relation to another decision;\n(f) a person must not be treated as having decision-making capacity\nto consent to the provision of treatment, care or support only\nbecause the person complies with the provision of the treatment,\ncare or support;\n(g) a person who moves between having and not having\ndecision-making capacity must, if reasonably practicable, be\ngiven the opportunity to consider matters requiring a decision at\na time when the person has decision-making capacity.\n(2) A person’s decision-making capacity must always be taken into\naccount in deciding treatment, care or support, unless this Act\nexpressly provides otherwise.\n(3) An act done, or decision made, under this Act for a person who does\nnot have decision-making capacity must be done in the person’s best\ninterests.\n(4) In considering a person’s decision-making capacity under this Act,\nany approved code of practice under section 198 must be taken into\naccount.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of mental disorder","content":"9 Meaning of mental disorder\nmental disorder—\n(a) means a disturbance or defect, to a substantially disabling\ndegree, of perceptual interpretation, comprehension, reasoning,\nlearning, judgment, memory, motivation or emotion; but\n(b) does not include a condition that is a mental illness.\n\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of mental illness","content":"10 Meaning of mental illness\nmental illness means a condition that seriously impairs (either\ntemporarily or permanently) the mental functioning of a person in\n1 or more areas of thought, mood, volition, perception, orientation or\nmemory, and is characterised by—\n(a) the presence of at least 1 of the following symptoms:\n(i) delusions;\n(ii) hallucinations;\n(iii) serious disorders of streams of thought;\n(iv) serious disorders of thought form;\n(v) serious disturbance of mood; or\n(b) sustained or repeated irrational behaviour that may be taken to\nindicate the presence of at least 1 of the symptoms mentioned in\nparagraph (a).\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"People not to be regarded as having mental disorder or","content":"11 People not to be regarded as having mental disorder or\nFor this Act, a person is not to be regarded as having a mental disorder\nor mental illness only because of any of the following:\n(a) the person expresses or refuses or fails to express, or has\npolitical opinion or belief;\n(b) the person expresses or refuses or fails to express, or has\nreligious opinion or belief;\n(c) the person expresses or refuses or fails to express, or has\nphilosophy;\n\n(d) the person expresses or refuses or fails to express, or has\nexpressed or has refused or failed to express, a particular sexual\npreference or sexual orientation;\n(e) the person engages in or refuses or fails to engage in, or has\nengaged in or has refused or failed to engage in, a particular\npolitical activity;\n(f) the person engages in or refuses or fails to engage in, or has\nengaged in or has refused or failed to engage in, a particular\nreligious activity;\n(g) the person engages in or has engaged in sexual promiscuity;\n(h) the person engages in or has engaged in immoral conduct;\n(i) the person engages in or has engaged in illegal conduct;\n(j) the person takes or has taken alcohol or any other drug;\n(k) the person engages in or has engaged in antisocial behaviour.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of carer","content":"12 Meaning of carer\n(1) For this Act, a person is a carer if the person provides personal care,\nsupport or assistance to a person who has a mental disorder or mental\n(2) However, a person is not a carer for another person—\n(a) in relation to care, support or assistance that is provided—\n(i) under a commercial arrangement, or an arrangement that is\nsubstantially commercial; or\n(ii) in the course of doing voluntary work for a charitable,\nwelfare or community organisation; or\n(iii) as part of a course of education or training; or\n\n(b) just because the person is the domestic partner, parent, child or\nother relative, or guardian of the other person; or\n(c) just because the person lives with the other person.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Proceedings relating to children","content":"13 Proceedings relating to children\nA person who is the subject of a proceeding is a child for the\nproceeding if the person was a child when the proceeding began.\n\nRights in relation to information and communication Part 3.1\nChapter 3 Rights of people with mental\ndisorder or mental illness\nPart 3.1 Rights in relation to information\nand communication\n14 Meaning of responsible person—pt 3.1\nresponsible person means—\n(a) for a mental health facility that is not conducted by the\nTerritory—the owner of the facility; or\n(b) for a psychiatric facility conducted by the Territory—the chief\npsychiatrist; or\n(c) for any other mental health facility or community care facility\nconducted by the Territory—the director-general of the\nadministrative unit responsible for the conduct of the facility.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Information to be given to people","content":"15 Information to be given to people\nfacility must ensure that, as soon as practicable after it is decided to\ngive treatment, care or support to a person at the facility, the person—\n(a) is orally advised of their rights under this Act; and\n(b) is given a written information statement including—\n(i) a statement of the right to obtain a second opinion from an\nappropriate mental health professional; and\n(ii) a statement of the right to obtain legal advice; and\n\n","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Rights in relation to information and communication","content":"Part 3.1 Rights in relation to information and communication\n(iii) a statement that, if the person has decision-making\ncapacity, the person has the right to—\n(A) nominate someone else to be the person’s nominated\n(B) enter into an advance agreement; and\n(C) make an advance consent direction; and\n(iv) information about the role of a nominated person under this\nAct; and\n(v) the location of the information required to be available at\nthe facility under section 16; and\n(vi) anything else prescribed by regulation.\n(2) A mental health professional giving treatment, care or support in the\ncommunity to a person with a mental disorder or mental illness must\nensure that the advice and information mentioned in\nsubsection (1) (a) and (b) is given to the person as soon as practicable\nafter it is decided to give the person treatment, care or support in the\ncommunity.\n(3) The responsible person or mental health professional must ensure that\nthe advice and information—\n(a) is provided in a way that the person is most likely to understand;\nand\n(b) if the person appears to be unable to understand the advice or\ninformation, the public advocate is told of that fact.\n(4) The responsible person or mental health professional must also take\nreasonable steps to give a copy of the information to—\n(a) if the person has a nominated person—the nominated person;\nand\n\nRights in relation to information and communication Part 3.1\n(d) if a health attorney is involved in the treatment, care or support\n(e) if the person is a child—each person with parental responsibility\n(f) if the person has a legal representative—the legal representative;\nand\n(g) if the person has a carer—the carer.\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Information to be available at facilities","content":"16 Information to be available at facilities\nfacility must ensure that current copies of the following information\nare available at the facility in a place readily accessible to people\nadmitted to or receiving treatment, care or support at the facility:\n(a) this Act, the Guardianship and Management of Property\nAct 1991 and any other relevant legislation;\n(b) any publications prepared by the administrative unit responsible\nfor that legislation for the purpose of explaining the legislation;\n(c) information statements printed in different languages;\n(d) a list of the names, addresses, telephone numbers and relevant\nfunctions of the entities prescribed by regulation.\n(2) The responsible person must also ensure that a notice indicating\nwhere the information is available is displayed in a prominent\nposition at the facility.\n\nPart 3.1 Rights in relation to information and communication\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Communication","content":"17 Communication\nfacility must ensure that a person admitted to or receiving treatment,\ncare or support at the facility—\n(a) is given reasonable opportunities and facilities to communicate\nwith people of the person’s choice by means other than written\ncommunication; and\n(b) is given, on request, reasonable opportunities and facilities for\npreparing written communications and for enclosing the\ncommunications in sealed envelopes.\n(2) The responsible person for a mental health facility or community care\nfacility must ensure that any written communication addressed to or\nwritten by a person admitted to or receiving treatment, care or support\nat the facility is forwarded, without being opened and without delay,\nto the person to whom it is addressed.\n(3) Subsection (2) does not apply if the responsible person is complying\nwith a limit imposed on communication between the admitted person\nand other people under section 115 (Limits on communication—\nforensic mental health order).\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Failure by owner of facility to comply with pt 3.1","content":"18 Failure by owner of facility to comply with pt 3.1\n(1) The owner of a mental health facility that is not conducted by the\nTerritory commits an offence if the owner fails to comply with this\npart.\n(2) Subsection (1) does not apply if the owner has a reasonable excuse.\n\nNominated people Part 3.2\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Nominated person","content":"19 Nominated person\n(1) A person with a mental disorder or mental illness, who has\ndecision-making capacity, may, in writing nominate someone else to\nbe the person’s nominated person.\n1 a close relative or close friend\n2 a carer\n3 the person’s neighbour\nNote If a person makes an advance agreement under pt 3.3, the agreement may\nset out contact details for a nominated person (see s 26 (2) (c)).\n(2) However, a person cannot be nominated under subsection (1) unless\n(b) is able to undertake the functions of a nominated person; and\n(c) is readily available; and\n(d) agrees to the nomination.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Nominated person—functions","content":"20 Nominated person—functions\n(1) The main function of a nominated person for a person with a mental\ndisorder or mental illness is to help the person by ensuring that the\ninterests, views and wishes of the person are respected if the person\nrequires treatment, care or support for a mental disorder or mental\n(2) The other functions of a nominated person include—\n(a) receiving information under this Act; and\n(b) being consulted about decisions in relation to treatment, care or\nsupport; and\n\n(c) other functions given to the nominated person under this Act.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Nominated person—obligations of person in charge of","content":"21 Nominated person—obligations of person in charge of\nThe person in charge of an approved mental health facility or\napproved community care facility must take all reasonable steps to\nensure that—\n(a) a person receiving treatment, care or support at the facility is\nasked whether the person has a nominated person; and\n(b) if the person has a nominated person—\n(i) details about the nominated person and a copy of the\nwritten nomination are kept with the person’s record; and\n(ii) a process is in place to periodically check the currency of\nthe information kept under subparagraph (i); and\n(iii) if the ACAT is involved in decisions about the person—\nthe name of and contact information for the nominated\nperson is given to the ACAT.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Nominated person—end of nomination","content":"22 Nominated person—end of nomination\n(1) A person who has a nominated person and has decision-making\ncapacity may end the nomination by telling a member of the person’s\ntreating team, orally or in writing, that they do not want the nominated\nperson to continue to perform the functions of a nominated person.\n(2) A nominated person may end their nomination by telling a member\nof the person’s treating team, orally or in writing, that they are not\nable to continue to perform the functions of a nominated person.\n(3) A nomination ended by a person under subsection (1) or (2) ends on—\n(a) the day the person tells the member of the treating team; or\n(b) if the person tells the member of the treating team in writing that\nthe nomination ends on a later day—the later day.\n\nNominated people Part 3.2\n(4) The chief psychiatrist may end the nomination of a nominated person\nif—\n(a) the chief psychiatrist believes on reasonable grounds that—\n(i) the nominated person is not able to continue to perform the\nfunctions of a nominated person under section 20\n(Nominated person—functions); or\n(ii) the nominated person no longer satisfies the criteria\nmentioned in section 19 (2) (Nominated person); or\n(iii) it is in the best interest of the person who made the\nnomination that the nomination ends; and\n(b) the chief psychiatrist consults with the person who made the\nnomination about the reasonable grounds for ending the\nnomination.\n(5) If the chief psychiatrist ends a nomination under subsection (4), the\nchief psychiatrist—\n(a) must make a record about the reason for ending the nomination;\nand\n(b) must give written notice of the day that the nomination is to end\nto the following:\n(i) the person who made the nomination;\n(ii) the nominated person;\n(iii) a member of the person’s treating team; and\n(c) may, if the person who made the nomination has\ndecision-making capacity, ask the person whether there is\nsomeone else who can be nominated; and\n\n(d) must advise the person who made the nomination about\nadvocacy services that may be available to provide assistance to\nExamples—par (d)\n1 the public advocate\n2 ACT Disability, Aged and Carer Advocacy Service\n(6) A member of a person’s treating team who is told about a nomination\nending under subsection (1), (2) or (4) must ensure that—\n(a) information about the nomination ending is entered in the\nperson’s record as soon as practicable; and\n(b) the person is told in a way that the person is most likely to\nunderstand that the information has been entered in the person’s\nrecord; and\n(c) the person is given a copy of the information entered in the\ntreating team, for a person with a mental disorder or mental illness—\nsee section 24.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Nominated person—protection from liability","content":"23 Nominated person—protection from liability\n(1) A nominated person is not civilly liable for anything done or omitted\nto be done honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\n(2) Any civil liability that would, apart from subsection (1), attach to a\nnominated person attaches instead to the Territory.\n\nPart 3.3 Advance agreements and\nadvance consent directions\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Definitions—pt 3.3","content":"24 Definitions—pt 3.3\nrepresentative, of a treating team, means the member of the treating\nteam nominated by the team to exercise the functions of a\nrepresentative for this part.\ntreating team, for a person with a mental disorder or mental illness,\nmeans the mental health professionals involved in the treatment care\nor support of the person for a particular episode of treatment, care or\nsupport, and includes—\n(a) if the person names another mental health professional as the\nperson’s current mental health professional—that other mental\nhealth professional; and\n(b) if another mental health professional referred the person to the\ntreating team for that episode of care—that other mental health\nprofessional.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Rights in relation to advance agreements and advance","content":"25 Rights in relation to advance agreements and advance\nconsent directions\nThe representative of the treating team for a person with a mental\ndisorder or mental illness must, as soon as practicable, ensure that the\n(a) is told that the person may enter into an advance agreement; and\n(b) is given the opportunity to enter into an advance agreement; and\n(c) is told that the person may make an advance consent direction;\nand\n(d) is given the opportunity to make an advance consent direction;\nand\n\n(e) is told that the person may have someone with them to assist in\nentering into an advance agreement or making an advance\nExample—par (e)\na nominated person could assist the person\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Entering into advance agreement","content":"26 Entering into advance agreement\n(1) A person with a mental disorder or mental illness who has\ndecision-making capacity may enter into an agreement (an advance\nagreement) with the person’s treating team that sets out—\n(a) information the person considers relevant to their treatment, care\nor support for the mental disorder or mental illness (but not\ninformation more appropriate to include in an advance consent\ndirection); and\nNote See s 27 (1) for what an advance consent direction may be about.\n(b) any preferences the person has in relation to practical help the\nperson may need as a result of the mental disorder or mental\nExamples—practical help\n1 arranging for the payment of bills\n2 arranging care or providing care for a close relative or close friend\nusually cared for by the person with the mental disorder or mental illness\n(2) An advance agreement for a person may also set out the following:\n(a) if the person has an advance consent direction—a copy of the\nadvance consent direction;\n(b) if the person has a nominated person—contact details for the\nnominated person;\n(c) if there is a person who is likely to provide practical help under\nthe agreement—contact details for the person;\n(d) if the person has a carer—contact details for the carer;\n\nManagement of Property Act 1991—contact details for the\nguardian;\nAct 2006—contact details for the attorney;\n(g) any other relevant details.\nExamples—par (g)\n1 that the person cannot speak, read or write English, but is fluent in\nanother stated language (for example, AUSLAN or Italian)\n2 that the person cannot speak but can communicate using a stated\ncommunication device (for example, a communication book or board)\n(3) An advance agreement for a person must be—\n(b) signed by—\n(ii) the representative of the person’s treating team; and\n(iii) if the person has a nominated person—the nominated\n(4) If there is a person who is likely to provide practical help under the\nadvance agreement, the agreement may also be signed by that person.\n(5) The representative of the person’s treating team must ensure that—\n(a) the advance agreement is entered in the person’s record; and\n(b) a copy of the advance agreement is given to—\n(ii) if the person has a nominated person—the nominated\n\n(iii) if there is a person who is likely to provide practical help\nunder the agreement and the person consents to that person\nbeing given a copy—that person; and\n(iv) if the person has a carer and the person consents to the carer\nbeing given a copy—the carer; and\n(v) if the person has a guardian under the Guardianship and\nACAT; and\n(vi) if the person has an attorney under the Powers of Attorney\n(vii) any member of the person’s treating team who does not\nhave access to the person’s record.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Making advance consent direction","content":"27 Making advance consent direction\n(1) A person with a mental disorder or mental illness may make a\ndirection (an advance consent direction) about 1 or more of the\n(a) the treatment, care or support that the person consents to\nreceiving if the mental disorder or mental illness results in the\nperson not having decision-making capacity;\n(b) particular medications or procedures that the person consents to\nreceiving if the mental disorder or mental illness results in the\nperson not having decision-making capacity;\n(c) particular medications or procedures that the person does not\nconsent to receiving if the mental disorder or mental illness\nresults in the person not having decision-making capacity;\n(d) the people who may be provided with information about the\ntreatment, care or support the person requires for a mental\ndisorder or mental illness;\n\n(e) the people who are not to be provided with information about\nthe treatment, care or support the person requires for a mental\ndisorder or mental illness.\nNote The disclosure of personal health information is subject to the\nHealth Records (Privacy and Access) Act 1997.\n(2) A person with a mental disorder or mental illness may make an\nadvance consent direction only if the person—\n(a) has decision-making capacity; and\n(b) has consulted with the person’s treating team about options for\ntreatment care and support in relation to the mental disorder or\nmental illness.\n(3) An advance consent direction that does not include advance consent\nfor electroconvulsive therapy or psychiatric surgery must be—\n(b) signed by the person in the presence of a witness who is not a\ntreating health professional for the person, and by the witness in\nthe presence of the person; and\n(c) signed by the representative of the person’s treating team in the\npresence of a witness who is not a treating health professional\nfor the person, and by the witness in the presence of the\nrepresentative.\n(4) An advance consent direction that includes advance consent for\nelectroconvulsive therapy must—\n(b) state the maximum number of times (not more than 9) that\nelectroconvulsive therapy may be administered to the person\nunder the consent; and\n\n(c) be signed by the person in the presence of 2 witnesses who are\nnot treating health professionals for the person, and by each\nwitness in the presence of the other witness and the person; and\n(d) be signed by the representative of the person’s treating team in\nthe presence of 2 witnesses who are not treating health\nprofessionals for the person, and by each witness in the presence\nof the other witness and the representative.\n(5) An advance consent direction that includes advance consent for\npsychiatric surgery must be—\n(b) signed by the person in the presence of 2 witnesses who are not\ntreating health professionals for the person, and by each witness\nin the presence of the other witness and the person; and\n(c) signed by the representative of the person’s treating team in the\npresence of 2 witnesses who are not treating health professionals\nfor the person, and by each witness in the presence of the other\nwitness and the representative.\n(6) The representative of the person’s treating team must ensure that—\n(a) the advance consent direction is entered in the person’s record;\nand\n(b) a copy of the advance consent direction is given to—\n(ii) if the person has a nominated person—the nominated\n(iii) if the person has a carer and the person consents to the carer\nbeing given a copy—the carer; and\n(iv) if the person has a guardian under the Guardianship and\nACAT; and\n\n(v) if the person has an attorney under the Powers of Attorney\n(vi) any member of the person’s treating team who does not\nhave access to the person’s record.\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Giving treatment etc under advance agreement or","content":"28 Giving treatment etc under advance agreement or\nadvance consent direction\n(1) A mental health professional must, before giving treatment, care or\nsupport to a person with a mental disorder or mental illness, take\nreasonable steps to find out whether an advance agreement or\nadvance consent direction is in force in relation to the person.\n(2) If an advance agreement is in force and the person does not have\ndecision-making capacity, a mental health professional—\n(a) must, if reasonably practicable, give treatment, care or support\nto the person in accordance with the preferences expressed in\nthe agreement; and\n(b) must not apprehend, detain, restrain or use force to give effect\nto the agreement.\n(3) If an advance consent direction is in force and the person does not\nhave decision-making capacity, a mental health professional—\n(a) may give the person the treatment, care or support if the\ndirection gives consent for the treatment, care or support; and\n(b) may give a particular medication or procedure if the direction\nindicates that the person consents to the medication or\nprocedure; and\n(c) must not give a particular medication or procedure if the\ndirection indicates that the person does not consent to the\nmedication or procedure; and\n(d) must not apprehend, detain, restrain or use force to give effect\nto the direction.\n\n(4) If an advance consent direction is in force in relation to a person but\nthe person resists being given treatment, care or support to which they\nhave consented under the direction, a mental health professional may\ngive the treatment, care or support to the person only if the ACAT, on\napplication by the mental health professional, orders that the\ntreatment, care or support may be given.\n(5) If a mental health professional believes on reasonable grounds that\ngiving treatment, care or support to a person with impaired\ndecision-making capacity in accordance with an advance consent\ndirection is unsafe or inappropriate, the mental health professional\nmay give the person other treatment, care or support only if—\n(a) both of the following apply:\n(i) the person is willing to receive the treatment, care or\n(ii) the person has a guardian or health attorney under the\nGuardianship and Management of Property Act 1991, or\nattorney under the Powers of Attorney Act 2006, and the\nguardian, health attorney or attorney gives consent to the\ntreatment, care or support in accordance with the guardian,\nhealth attorney or attorney’s appointment; or\n(b) the ACAT, on application by the mental health professional,\norders that the treatment, care or support may be given.\n(6) The mental health professional must enter in the person’s record the\nreasons for the treatment, care or support given under\nsubsection (5) (a).\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Ending advance agreement or advance consent direction","content":"29 Ending advance agreement or advance consent direction\n(1) A person who has decision-making capacity may end the person’s\nadvance agreement by—\n(a) telling a member of the person’s treating team, orally or in\nwriting, that the person wants to end the agreement; or\n\n(b) entering into another advance agreement.\n(2) A person who has decision-making capacity may end the person’s\nadvance consent direction by—\n(a) telling a member of the person’s treating team, orally or in\nwriting, that the person wants to end the direction; or\n(b) making another advance consent direction.\n(3) An advance agreement ended under subsection (1) (a) or an advance\nconsent direction ended under subsection (2) (a) ends on—\n(a) the day the person tells the member of the person’s treating\nteam; or\n(b) if the person tells the member of the person’s treating team in\nwriting that agreement or direction ends on a later day—the later\nday.\n(4) A member of a person’s treating team who is told about an advance\nagreement ending under subsection (1) (a) or an advance consent\ndirection ending under subsection (2) (a) must ensure that—\n(a) information about the end of the agreement or direction—\n(i) is entered in the person’s record as soon as practicable; and\n(ii) is given to—\n(A) any member of the person’s treating team who does\nnot have access to the person’s record; and\n(B) if the person has a nominated person—the nominated\n(C) if there is a person who was likely to provide practical\nhelp under the agreement and the person consents to\nthat person being given a copy—that person; and\n(D) if the person has a carer and the person consents to the\ncarer being given a copy—the carer; and\n\n(E) if the person has a guardian under the Guardianship\nand Management of Property Act 1991—the guardian\nand the ACAT; and\n(F) if the person has an attorney under the Powers of\nAttorney Act 2006—the attorney; and\n(b) the person is told in a way that the person is most likely to\nunderstand that the information has been entered in the person’s\nrecord; and\n(c) the person is given a copy of the information entered in the\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Effect of advance agreement and advance consent","content":"30 Effect of advance agreement and advance consent\ndirection on guardian with authority to give consent for\ntreatment, care or support\n(a) an advance agreement or an advance consent direction is in force\nin relation to a person; and\n(b) the person has a guardian under the Guardianship and\nManagement of Property Act 1991 with authority to give\nconsent for medical treatment involving treatment, care or\nsupport under this Act.\n(2) Any power of the guardian to consent to treatment, care or support\nfor the person must be exercised taking into account the advance\nagreement or advance consent direction.\n(3) However, the guardian’s consent is not required for any treatment,\ncare or support for which consent is provided under the advance\n\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Effect of advance agreement and advance consent","content":"31 Effect of advance agreement and advance consent\ndirection on attorney with power to deal with health care\n(a) an advance agreement or an advance consent direction is in force\nin relation to a person; and\n(b) the person has an enduring power of attorney under the Powers\nof Attorney Act 2006 that deals with health care matters under\nthat Act.\n(2) The advance agreement or advance consent direction may be used by\nthe attorney to work out a person’s wishes or needs under the Powers\nof Attorney Act 2006, schedule 1, section 1.6 (Participation in\ndecision making).\n(3) Any power of the attorney to consent to treatment, care or support for\nthe person must be exercised taking into account the advance\nagreement or advance consent direction.\n(4) However, the attorney’s consent is not required for any treatment,\ncare or support for which consent is provided under the advance\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Effect of health direction on previous advance consent","content":"32 Effect of health direction on previous advance consent\ndirection\n(a) a person makes an advance consent direction; and\n(b) after the direction is made the person makes a health direction\nunder the Medical Treatment (Health Directions) Act 2006; and\n(c) the health direction deals with a matter mentioned in the advance\n(2) The advance consent direction has no effect to the extent that is\ninconsistent with the health direction.\n\n","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Applications for assessment","content":"Part 4.1 Applications for assessment\nNote In addition to assessments under this chapter, a person may also be\nassessed as a result of apprehension and examination under ch 6\n(Emergency detention).\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Applications by people with mental disorder or mental","content":"33 Applications by people with mental disorder or mental\nillness—assessment order\n(1) This section applies if a person believes themself to be, because of\nmental disorder or mental illness—\n(a) unable to make reasonable judgments about matters relating to\ntheir own health or safety; or\n(b) unable to do something necessary for their own health or safety;\nor\n(c) likely to do serious harm to others.\n(2) The person may apply to the ACAT for an assessment order in\nrelation to themself.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Applications by other people—assessment order","content":"34 Applications by other people—assessment order\n(1) This section applies if a person (the applicant) believes on reasonable\n(a) the health or safety of another person (the subject person) is, or\nis likely to be, substantially at risk because the subject person is\nunable, because of mental disorder or mental illness—\n(i) to make reasonable judgments about matters relating to the\nsubject person’s health or safety; or\n\nApplications for assessment orders Part 4.1\n(ii) to do something necessary for the subject person’s health\nor safety; or\n(b) another person (the subject person) is doing, or is likely to do,\nbecause of mental disorder or mental illness, serious harm to\nothers.\n(2) The applicant may apply to the ACAT for an assessment order in\nrelation to the subject person.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Applications by referring officers—assessment order","content":"35 Applications by referring officers—assessment order\n(1) This section applies if a referring officer believes on reasonable\n(a) a person alleged to have committed an offence has a mental\ndisorder or mental illness; and\n(b) because of the mental disorder or mental illness—\n(i) the person’s health or safety is, or is likely to be,\n(ii) the person is doing, or is likely to do, serious harm to\nothers; and\n(c) it may not be appropriate to prosecute, or to continue to\nprosecute, the person considering—\n(i) the nature and circumstances of the alleged offence; and\n(ii) the person’s apparent mental disorder or mental illness.\n\n(2) The referring officer may apply to the ACAT for an assessment order\nin relation to the person.\nNote After an assessment is made, the ACAT may decide to make a mental\nhealth order in relation to a person (see pt 5.2). The ACAT is not able to\nmake a forensic mental health order for a person unless the person is\notherwise a person for whom a forensic mental health order can be made\n(see ch 7).\n(3) A referring officer who applies under subsection (2) and believes on\nreasonable grounds that there is a risk of serious danger to public\nsafety from the person, must tell the ACAT, in writing, about the risk\nand the basis for the belief about the risk.\nalleged to have committed an offence—a person is alleged to have\ncommitted an offence if—\n(a) the person is arrested in connection with an offence; or\n(b) a police officer believes on reasonable grounds that there are\nsufficient grounds on which to charge the person in connection\nwith an offence; or\n(c) the person is charged in connection with an offence.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Applicant and referring officer to tell ACAT of risks—","content":"36 Applicant and referring officer to tell ACAT of risks—\nassessment order\n(a) a person (the applicant) applies under section 34 (Applications\nby other people—assessment order), or a referring officer\napplies under section 35, for an assessment order in relation to\nsomeone else; and\n(b) the applicant or referring officer believes on reasonable grounds\nthat anything to do with the application process is likely to\nsubstantially increase—\n(i) the risk to the other person’s health or safety; or\n\nApplications for assessment orders Part 4.1\n(a) the applicant’s or referring officer’s belief about the\nsubstantially increased risk; and\n(3) The ACAT must give the chief psychiatrist a copy of the application.\n\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Assessment order","content":"37 Assessment order\n(1) The ACAT may order an assessment of a person if—\n(a) an application for an assessment order is made under part 4.1\nand the ACAT is satisfied on the face of the application that—\n(i) the person appears to have a mental disorder or mental\n(ii) either—\n(B) the person is doing, or is likely to do, serious harm to\nothers; or\n(b) the ACAT reviews a mental health order in force in relation to\nthe person under section 79 (Review of mental health order); or\n(c) the person is required to submit to the jurisdiction of the ACAT\nunder—\n(i) an ACAT mental health provision in a care and protection\norder or interim care and protection order; or\n(ii) a mental health referral by the Childrens Court in a\nproceeding for an interim intensive therapy order or\nintensive therapy order; or\n(iii) a requirement of an interim intensive therapy order or\nintensive therapy order; or\n(d) the person is required by a court to submit to the jurisdiction of\n(Cwlth), part 1B; or\n\n(e) the ACAT reviews an order for detention in force in relation to\nthe person under section 180 (Review of detention under court\nNote If a person is assessed under an assessment order as having a mental\ndisorder or mental illness, the ACAT may make a mental health order or\nforensic mental health order in relation to the person (see s 58, s 66, s 101\nand s 108).\nACAT mental health provision, in a care and protection order or\ninterim care and protection order—see the Children and Young\nPeople Act 2008, section 491.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Consent for assessment order","content":"38 Consent for assessment order\n(1) If the ACAT is considering ordering an assessment of a person under\nsection 37 (1) (a), (b) or (c), the ACAT must take reasonable steps\nto—\n(a) tell the person in writing that—\n(i) the ACAT is considering ordering an assessment; and\n(ii) an assessment may lead to an order for treatment; and\n(iii) if an order for treatment is made at a later time the person’s\nrights in relation to treatment will be explained to the\nperson at that time; and\n(b) find out the person’s opinion in relation to the assessment; and\n(c) obtain the person’s consent to the assessment.\n(2) However, subsection (1) does not prevent the ACAT from ordering\nan assessment without the person’s consent.\n\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Emergency assessment order","content":"39 Emergency assessment order\n(a) the ACAT is considering ordering an assessment of a person\nunder section 37 (1) (a), (b) or (c); and\n(b) a presidential member of the ACAT has a serious concern about\nthe immediate safety of the person, the applicant for the order or\nanother person arising out of the application process.\n(2) The presidential member of the ACAT—\n(a) must give the chief psychiatrist written notice of the serious\nconcern; and\n(b) may if necessary and reasonable order an assessment without\ncomplying with section 38 (Consent for assessment order).\nNote 1 For principles that must be taken into account when exercising a function\nNote 2 Section 188 (Notice of hearing) does not apply in relation to the making\nof an emergency assessment order (see s 188 (3)).\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Content and effect of assessment order","content":"40 Content and effect of assessment order\n(1) An assessment order (including an emergency assessment order)\n(a) state the nature of the assessment to be conducted; and\n(b) state the approved mental health facility or other place at which\nthe assessment is to be conducted and, if appropriate, the person\nwho is to conduct the assessment; and\n(c) if the assessment is to be conducted at an approved mental health\nfacility—\n(i) direct the person to be assessed to attend the facility and, if\nnecessary and reasonable, stay at the facility until the\nassessment has been conducted; and\n\n(ii) direct the person in charge of the facility to—\n(A) if appropriate, admit the person to be assessed to the\nfacility to conduct the assessment; and\n(B) if necessary and reasonable, detain the person at the\nfacility until the assessment has been conducted; and\n(C) provide the assistance that is necessary and\nreasonable to conduct the assessment.\n(2) An assessment order (including an emergency assessment order)\nauthorises—\n(a) the conduct of the assessment stated in the order; and\n(b) anything necessary and reasonable to be done to conduct the\nassessment.\n(3) In making an assessment order (other than an emergency assessment\norder), the ACAT must explain the effect of section 58 (Psychiatric\ntreatment order) or section 66 (Community care order) to the person\nin relation to whom the order is to be made, in a way that the person\nis most likely to understand.\nNote Under s 58 and s 66, an application is not required for a psychiatric\ntreatment order or community care order in relation to a person who has\nbeen assessed under an assessment order as having a mental disorder or\nmental illness.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Public advocate to be told about assessment order","content":"41 Public advocate to be told about assessment order\nThe ACAT must tell the public advocate, in writing, about an\nassessment order made in relation to a person immediately after the\norder is made.\n\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Time for conducting assessment","content":"42 Time for conducting assessment\n(1) The assessment of a person in relation to whom an assessment order\nis made must be conducted as soon as practicable, and not later than—\n(a) 7 days after the day the order is made; or\n(b) if an earlier day is stated in the order—the stated day; or\n(c) if a removal order is made under section 43 (2) in relation to the\nassessment—7 days after the day the removal order is executed.\n(2) However, the ACAT may, on application, extend the period for\nconducting the assessment if satisfied, based on clinical evidence\nprovided to it by the person conducting the assessment, that a\nsatisfactory assessment cannot be completed within the period under\nsubsection (1).\n(3) The extension must be for a period not longer than 7 days.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Removal order to conduct assessment","content":"43 Removal order to conduct assessment\n(1) This section applies if the ACAT makes—\n(a) an assessment order in relation to a person under section 37 (1)\n(a), (b) or (c) who—\n(i) has not been served with a subpoena under the ACT Civil\nand Administrative Tribunal Act 2008, section 41 (Powers\nin relation to witnesses etc) for a reason stated in\nsection 192 (3) (Subpoena to appear in person); or\n(ii) does not appear at a proceeding in relation to the order\nunder a subpoena given under the ACT Civil and\nAdministrative Tribunal Act 2008, section 41; or\n(iii) does not comply with the assessment order; or\n(b) an assessment order in relation to a person under section 37 (1)\n(d) or (e); or\n(c) an emergency assessment order in relation to a person.\n\n(2) The ACAT may order (a removal order) the removal of the person to\nan approved mental health facility to conduct the assessment if\nsatisfied that—\n(a) the person has been made aware of the assessment order (unless\nthe assessment order is an emergency assessment order); and\n(i) if the person does not comply with the assessment order—\nthe person does not have a reasonable excuse for failing to\ncomply with the order; or\n(ii) in any other case—the ACAT is satisfied that it is\nappropriate in the circumstances.\n(3) The removal order must state—\n(a) the day (not later than 1 month after the day the order is made)\nwhen the order stops having effect; and\n(b) the mental health facility to which the person is to be removed;\nand\n(c) the nature of the assessment to be conducted in relation to the\n(4) A removal order authorises—\n(a) the apprehension of the person named in the order; and\n(b) the removal of the person to the mental health facility stated in\nthe order.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Executing removal order","content":"44 Executing removal order\n(1) A removal order made under section 43 (2) in relation to a person\nmay be executed by a police officer, authorised ambulance\nparamedic, doctor or mental health officer.\n\n(2) The person executing the order must, before removing the person,\nexplain to the person the purpose of the order.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Contact with others","content":"45 Contact with others\n(1) This section applies if a person is admitted to a mental health facility\nunder an assessment order.\n(2) The person in charge of the mental health facility must, as soon as\npracticable after admitting the person to the facility, tell the public\nadvocate in writing that the person has been admitted.\n(3) The person in charge of the mental health facility must ensure that,\nwhile at the facility, the person has access to facilities, and adequate\nopportunity, to contact each of the following:\n(a) a relative or friend;\n(c) a lawyer;\n(d) if the person has a nominated person—the nominated person.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Public advocate and lawyer to have access","content":"46 Public advocate and lawyer to have access\n(1) This section applies if a person is admitted to a mental health facility\nunder an assessment order.\n(2) The public advocate and the person’s lawyer are entitled to have\naccess to the person at any time.\n(3) The person in charge of the mental health facility must, if asked by\nthe public advocate or the person’s lawyer, give the reasonable\nassistance necessary to allow the public advocate or lawyer to have\naccess to the person.\n\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Person to be assessed to be told about order","content":"47 Person to be assessed to be told about order\n(1) This section applies if an assessment is to be conducted at an\napproved mental health facility or other place under an assessment\n(2) The person in charge of the approved mental health facility or other\nplace must, before the assessment is conducted, ensure that the person\nto be assessed is told about the assessment order, including the\nprocess of assessment and possible outcomes of an assessment, in a\nway that the person is most likely to understand.\n(3) This section applies even if the person to be assessed was present\nwhen the order was made.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Copy of assessment","content":"48 Copy of assessment\n(1) This section applies if an assessment is conducted at a mental health\nfacility or other place under an assessment order.\n(2) The person in charge of the mental health facility or other place must,\nas soon as practicable, but not later than 7 days after completing the\nassessment—\n(a) give a copy of the assessment to—\n(i) the person assessed; and\n(ii) the ACAT; and\n(iii) the public advocate; and\n(iv) if the person is a child—each person with parental\nand\n(v) if the person was assessed as a result of an application\nunder section 35 (Applications by referring officers—\nassessment order)—the referring officer; and\n\n(b) tell the following people in writing about the outcome of the\nassessment:\nAct 2006—the attorney.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Notice of outcome of assessment","content":"49 Notice of outcome of assessment\n(1) This section applies if an assessment is conducted as a result of an\napplication under section 34 (Applications by other people—\nassessment order) or section 35 (Applications by referring officers—\nassessment order).\n(2) The ACAT must, as soon as practicable after it is given a copy of the\nassessment under section 48 (2), give written notice to the applicant\nor the referring officer of any recommendations made by the\nassessment.\n(3) An applicant or referring officer who receives notice under\nsubsection (2) may, within 48 hours of receiving the notice, give the\nfollowing to the ACAT:\n(a) further information about the person’s mental disorder or mental\nillness;\n(b) concerns about the implications for the person or for other\npeople of not considering a mental health order in relation to the\n(4) In deciding whether to hold a hearing to consider making a mental\nhealth order in relation to a person, the ACAT must take into account\nthe information provided under subsection (3).\n\nPreliminary Part 5.1\n","sortOrder":50},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Preliminary","content":"Part 5.1 Preliminary\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Definitions—ch 5","content":"50 Definitions—ch 5\nrelevant official, for a mental health order, means—\n(a) for a psychiatric treatment order—the chief psychiatrist; or\n(b) for a community care order—the care coordinator.\nrelevant person, for a mental health order application, means—\n(a) for a psychiatric treatment order—the chief psychiatrist or\nanother person nominated by the chief psychiatrist; and\n(b) for a community care order—a person who can make the\nstatement required under section 51 (3) (a) for the application.\n\nPart 5.2 Applications for mental health orders\nPart 5.2 Applications for mental health\n51 Applications for mental health orders\n(1) This section applies if a relevant person believes on reasonable\ngrounds that a person (the subject person) is a person in relation to\nwhom the ACAT could reasonably make an order under section 58\n(Psychiatric treatment order) or section 66 (Community care order).\n(2) The relevant person may apply to the ACAT for a mental health order\nin relation to the subject person.\nNote 1 An application is not required in relation to a person who has been\nassessed under an assessment order as having a mental disorder or mental\nillness (see s 58 and s 66).\nNote 2 Requirements for applications to the ACAT are set out in the ACT Civil\n(3) The application must include—\n(a) a written statement by the relevant person addressing the criteria\nthe ACAT must consider in making an order under section 58\n(Psychiatric treatment order) or section 66 (Community care\norder); and\n(b) a plan setting out the proposed treatment, care or support of the\nsubject person.\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Applicant to tell ACAT of risks","content":"52 Applicant to tell ACAT of risks\n(a) a person (the applicant) applies under section 51 for a mental\nhealth order in relation to someone else (the subject person); and\n(b) the applicant believes on reasonable grounds that anything to do\nwith the application process is likely to substantially increase—\n(i) the risk to the subject person’s health or safety; or\n\nApplications for mental health orders Part 5.2\n(a) the applicant’s belief about the substantially increased risk; and\n\nPart 5.3 Making of mental health orders—\npreliminary matters\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"ACAT must consider assessment—mental health order","content":"53 ACAT must consider assessment—mental health order\n(1) Before making a mental health order in relation to a person, the\nACAT must consider—\n(a) an assessment of the person conducted under an assessment\n(b) another assessment of the person that the ACAT considers\n(2) In considering an assessment, the ACAT must take into account how\nrecently the assessment was conducted.\n(3) The ACAT may consider making a mental health order even if an\nassessment recommends that the ACAT not consider making a mental\nhealth order.\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Consultation by ACAT—mental health order","content":"54 Consultation by ACAT—mental health order\n(1) Before making a mental health order in relation to a person, the\nACAT must, as far as practicable, consult—\nand\n\nMaking of mental health orders—preliminary matters Part 5.3\n(f) if the chief psychiatrist or care-coordinator is likely to be\nresponsible for providing the treatment, care or support\nproposed to be ordered—the chief psychiatrist or\ncare-coordinator; and\n(g) if the person is a detainee, a person released on parole or licence,\nor a person serving a community-based sentence—the\ncorrections director-general; and\n(h) if the person is covered by a bail order that includes a condition\nsection 25 (4) (e) or section 25A—the director-general\nresponsible for the supervision of the person under the Bail\nAct 1992; and\n(i) if the person is a child covered by a bail order that includes a\ncondition that the child accept supervision under the Bail\nAct 1992, section 26 (2)—the CYP director-general; and\n(j) if the person is a young detainee or a young offender serving a\ncommunity-based sentence—the CYP director-general; and\n(k) if an assessment order under part 4.1 (Applications for\nassessment orders) gave rise to the ACAT consideration of the\nmaking of the mental health order—the applicant for the\nassessment order.\n(2) Before making a mental health order in relation to a person who has\na carer, the ACAT must, as far as practicable, tell the carer in writing\n(a) a hearing will be held in relation to making a mental health order\nfor the person; and\n\n(b) the carer may do either or both of the following:\n(i) make a submission to the ACAT in relation to making a\nmental health order for the person;\n(ii) apply to the ACAT to attend the hearing.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"ACAT must hold hearing—mental health order","content":"55 ACAT must hold hearing—mental health order\nBefore making a mental health order in relation to a person, the\nACAT must hold a hearing into the matter.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"What ACAT must take into account—mental health order","content":"56 What ACAT must take into account—mental health order\n(1) In making a mental health order in relation to a person, the ACAT\nmust take into account the following:\n(a) for a person the subject of an application under section 51\n(Applications for mental health orders)—a plan for the proposed\ntreatment, care or support of the person, mentioned in section\n51 (3) (b);\n(b) whether the person consents, refuses to consent or has the\ndecision-making capacity to consent, to a proposed course of\ntreatment, care or support;\n(c) the views and wishes of the person, so far as they can be found\n(d) the views of the people responsible for the day-to-day care of\n(e) the views of the people appearing at the proceeding;\n\nMaking of mental health orders—preliminary matters Part 5.3\n(f) if the proceeding is on a mental health order for which there is a\nregistered affected person for an offence committed or alleged\nto have been committed by the person—any statement by the\nregistered affected person;\n(g) the views of the people consulted under section 54 (Consultation\nby ACAT—mental health order);\n(h) that any restrictions placed on the person should be the\nminimum necessary for the safe and effective care of the person;\n(i) any alternative treatment, care or support available, including—\n(j) any relevant medical history of the person;\n(k) for a person required by a court to submit to the jurisdiction of\n(Cwlth), part 1B—\n(i) the nature and circumstances of the alleged offence or the\noffence in relation to which the person is charged; and\n(ii) the nature and extent of the person’s mental illness or\nmental disorder and the effect it is likely to have on the\nperson’s behaviour in the future; and\n(iii) whether, if the person is not detained—\n(B) the person is likely to do serious harm to others;\n\n(l) if the proceeding is on a mental health order for which there is a\nregistered affected person for the offence committed or alleged\nto have been committed by the person—the views of the victims\nof crime commissioner;\n(m) anything else prescribed by regulation.\n(2) Before the ACAT makes a mental health order for the provision of\nparticular treatment, care or support at a stated facility or by a stated\nperson, the ACAT must be satisfied that the treatment, care or support\ncan be provided at the stated facility or by the stated person.\n(3) The ACAT may ask the relevant person to provide information on the\noptions that the relevant person considers are appropriate for the\nprovision of particular treatment, care or support under the proposed\nmental health order.\n(4) The relevant person must respond to the ACAT within 7 days after\nreceiving a request under subsection (3), or any longer time allowed\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"ACAT must not order particular treatment, care or","content":"57 ACAT must not order particular treatment, care or\nsupport—mental health order\nIn making a mental health order in relation to a person, the ACAT\nmust not order a particular form of treatment, care or support.\n\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Psychiatric treatment order","content":"58 Psychiatric treatment order\n(a) a person assessed under an assessment order; or\n(b) a person in relation to whom an application for a mental health\norder has been made under part 5.2; or\n(c) a person in relation to whom an application for a forensic mental\nhealth order has been made under division 7.1.2; or\n(d) a person required by a court to submit to the jurisdiction of the\n(2) The ACAT may make a psychiatric treatment order in relation to the\nperson if—\n(i) the person does not have decision-making capacity to\nconsent to the treatment, care or support and refuses to\nreceive the treatment, care or support; or\n(ii) the person has decision-making capacity to consent to the\ntreatment, care or support, but refuses to consent; and\nmental illness, the person—\n\n(d) in relation to a person mentioned in paragraph (b) (ii)—the\nACAT is satisfied that the harm or deterioration, or likely harm\nor deterioration, mentioned in paragraph (c) is of such a serious\nnature that it outweighs the person’s right to refuse to consent;\nand\n(e) the ACAT is satisfied that psychiatric treatment, care or support\nis likely to—\n(i) reduce the harm or deterioration, or the likelihood of the\nharm or deterioration, mentioned in paragraph (c); or\n(ii) result in an improvement in the person’s psychiatric\ncondition; and\n(f) if an application has been made for a forensic mental health\norder—the ACAT is satisfied that a psychiatric treatment order\nshould be made instead; and\n(g) the ACAT is satisfied that the treatment, care or support to be\nprovided under the psychiatric treatment order cannot be\nadequately provided in another way that would involve less\n","sortOrder":59},{"sectionNumber":"59","sectionType":"section","heading":"Content of psychiatric treatment order","content":"59 Content of psychiatric treatment order\n(1) A psychiatric treatment order made in relation to a person may state\n1 or more of the following:\n(a) an approved mental health facility to which the person may be\nadmitted;\n(b) that the person must do either or both of the following:\n(i) undergo psychiatric treatment, other than\nelectroconvulsive therapy or psychiatric surgery;\n(ii) undertake a counselling, training, therapeutic or\nrehabilitation program;\n\n(c) that limits may be imposed on communication between the\nperson and other people.\n(2) A psychiatric treatment order made in relation to a person must—\nunder section 62 (Role of chief psychiatrist—psychiatric\ntreatment order); and\ncriteria under section 58 (2) (Psychiatric treatment order).\n(3) A psychiatric treatment order must not include any requirement\nmentioned in section 61 (1) (Content of restriction order made with\npsychiatric treatment order).\n","sortOrder":60},{"sectionNumber":"60","sectionType":"section","heading":"Criteria for making restriction order with psychiatric","content":"60 Criteria for making restriction order with psychiatric\nIn addition to making a psychiatric treatment order in relation to a\nperson, the ACAT may make a restriction order in relation to the\nperson if it believes on reasonable grounds that—\n(a) it is in the interests of the person’s health or safety or the safety\nof someone else or the public to do so; and\n(b) the treatment, care or support to be provided under the\npsychiatric treatment order cannot be adequately provided in\nanother way that would involve less restriction of the freedom\nof choice and movement of the person.\n\n","sortOrder":61},{"sectionNumber":"61","sectionType":"section","heading":"Content of restriction order made with psychiatric","content":"61 Content of restriction order made with psychiatric\n(1) A restriction order made under section 60 in relation to a person may\nstate either or both of the following:\n(a) that the person must—\n(i) live (but not be detained) at a stated place; or\n(ii) be detained at a stated place;\n(b) that the person must not approach a stated person or stated place\n(2) A restriction order does not prevent the chief psychiatrist from\ngranting leave to a person detained at a stated place.\n","sortOrder":62},{"sectionNumber":"62","sectionType":"section","heading":"Role of chief psychiatrist—psychiatric treatment order","content":"62 Role of chief psychiatrist—psychiatric treatment order\n(1) The chief psychiatrist is responsible for the treatment, care or support\nof a person to whom a psychiatric treatment order applies.\n(2) Within 5 working days after the day the order is made, the chief\npsychiatrist must determine, in writing—\n(a) whether the person requires admission to an approved mental\nhealth facility to receive treatment, care or support under the\norder and, if so, whether the person can be given leave from the\nfacility; and\n(b) for a person living in the community—the times when and the\nplace where the person is required to attend to receive treatment,\ncare or support, in accordance with the order; and\n(c) the nature of the psychiatric treatment to be given to the person.\n\n(3) If the chief psychiatrist forms a belief on reasonable grounds that a\nperson subject to a psychiatric treatment order who is living in the\ncommunity requires admission to an approved mental health facility\nto receive treatment, care or support under the order, the chief\npsychiatrist may determine, in writing—\n(a) the approved mental health facility that the person is to be\nadmitted to; and\n(b) the nature of the psychiatric treatment to be given to the person;\nand\n(c) whether the person can be given leave from the facility.\n(4) For subsection (2) (c) or (3) (b), the chief psychiatrist must not\ndetermine treatment that has, or is likely to have, the effect of\nsubjecting the person to whom it is given to undue stress or\ndeprivation, having regard to the benefit likely to result from the\ntreatment.\n(5) Before making a determination in relation to a person, the chief\npsychiatrist must—\n(a) take all reasonable steps to consult the following:\n(v) if the person has a carer—the carer;\n(vi) if the person has a nominated person—the nominated\n\n(vii) if a health attorney is involved in the treatment, care or\n(viii) if the person is a detainee, a person released on parole or\n(ix) if the person is covered by a bail order that includes a\n(x) if the person is a child covered by a bail order that includes\n(xi) if the person is a young detainee or a young offender\n(b) take into account the views of the people consulted under this\nsection.\n(6) After making a determination in relation to a person, the chief\npsychiatrist must record whether the person was consulted and—\n(7) The chief psychiatrist must, as soon as practicable after making a\n(b) if the person is a child—each person with parental responsibility\n(c) the ACAT; and\n\n(d) the public advocate; and\n(g) if the person has a nominated person—the nominated person;\nand\n(h) if a health attorney is involved in the treatment, care or support\n","sortOrder":63},{"sectionNumber":"63","sectionType":"section","heading":"Treatment etc to be explained—psychiatric treatment","content":"63 Treatment etc to be explained—psychiatric treatment\n(1) Before treatment, care or support is given to a person under a\npsychiatric treatment order, the chief psychiatrist must explain to the\nperson, the nature and effects (including any side effects) of the\n","sortOrder":64},{"sectionNumber":"64","sectionType":"section","heading":"Action if psychiatric treatment order no longer","content":"64 Action if psychiatric treatment order no longer\n(a) a psychiatric treatment order is in force in relation to a person;\nand\n(b) the chief psychiatrist is satisfied that—\n(i) the person is no longer a person in relation to whom the\nACAT could make a psychiatric treatment order; or\n\n(ii) if a restriction order is also in force in relation to the\nperson—it is no longer necessary for the restriction order\nto be in force.\nNote 1 For the criteria for making a psychiatric treatment order, see s 58. For the\ncriteria for making a restriction order with a psychiatric treatment order,\nsee s 60.\n(2) The chief psychiatrist must take all reasonable steps to give notice\nto—\n(a) if the person has a carer—the carer; and\n(b) if the person has a nominated person—the nominated person.\n(b) ask whether the carer or nominated person is aware of any other\ninformation that may be relevant to whether the psychiatric\ntreatment order or restriction order continues to be appropriate\nfor the person; and\nsubsection (1) (b) and the ACAT must review the psychiatric\ntreatment order or restriction order; and\n(i) make a submission to the ACAT review of the psychiatric\ntreatment order or restriction order;\n\n(e) tell the nominated person that the nominated person is entitled\nto make a submission to the ACAT review of the psychiatric\ntreatment order or restriction order.\n(4) If, having taken into account any information given under subsection\n(3) (b), the chief psychiatrist is still satisfied of the matter mentioned\nin subsection (1) (b), the chief psychiatrist must tell the ACAT and\nthe public advocate in writing about—\nunder this section (see s 79 (3)).\n","sortOrder":65},{"sectionNumber":"65","sectionType":"section","heading":"Powers in relation to psychiatric treatment order","content":"65 Powers in relation to psychiatric treatment order\n(1) This section applies if a psychiatric treatment order has been made in\nrelation to a person and—\n(a) a restriction order has also been made in relation to the person\nrequiring the person to be detained at a stated place; or\n(b) the chief psychiatrist makes a determination under\nsection 62 (Role of chief psychiatrist—psychiatric treatment\norder) requiring the person to be admitted to an approved mental\nhealth facility; or\n(c) the person is detained at an approved mental health facility\nunder section 77 (Contravention of mental health order).\n(2) The chief psychiatrist may—\n(a) detain the person at an approved mental health facility; and\nNote See s 264 (Powers of search and seizure).\n\nand\n(d) determine that the person can be given leave from the facility.\n(3) If the chief psychiatrist subjects a person to involuntary seclusion, the\nchief psychiatrist must ensure that the person is examined by a\nrelevant doctor of the relevant place at least once in each 4-hour\nperiod for which the person is in seclusion.\n(4) If the chief psychiatrist determines that a person be given medication\nfor the treatment of the person’s mental illness, the chief psychiatrist\nmay—\nmedication prescribed by a doctor in accordance with the chief\npsychiatrist’s determination; and\n\n(5) If the chief psychiatrist subjects a person to restraint, involuntary\nseclusion or forcible giving of medication, the chief psychiatrist\nand\nrelevant doctor, of a relevant place, means a person employed at the\nplace as a consultant psychiatrist, psychiatric registrar in consultation\nwith a consultant psychiatrist or another doctor in consultation with a\nconsultant psychiatrist.\n\n","sortOrder":66},{"sectionNumber":"66","sectionType":"section","heading":"Community care order","content":"66 Community care order\n(a) a person assessed under an assessment order; or\n(b) a person in relation to whom an application for a mental health\norder has been made under part 5.2; or\n(c) a person in relation to whom an application for a forensic mental\nhealth order has been made under division 7.1.2; or\n(d) a person required by a court to submit to the jurisdiction of the\n(2) The ACAT may make a community care order in relation to the\nperson if—\n(a) the person has a mental disorder; and\n(i) the person does not have decision-making capacity to\nconsent to the treatment, care or support and refuses to\nreceive the treatment, care or support; or\n(ii) the person has decision-making capacity to consent to the\ntreatment, care or support, but refuses to consent; and\nmental disorder, the person—\n\n(d) in relation to a person mentioned in paragraph (b) (ii)—the\nACAT is satisfied that the harm or deterioration, or likely harm\nor deterioration, mentioned in paragraph (c) is of such a serious\nnature that it outweighs the person’s right to refuse to consent;\nand\n(e) the ACAT is satisfied that treatment, care or support is likely to\nreduce the harm or deterioration, or likelihood of harm or\ndeterioration, mentioned in paragraph (c); and\n(f) the ACAT is satisfied that, in the circumstances, a psychiatric\ntreatment order should not be made; and\n(g) if an application has been made for a forensic mental health\norder—the ACAT is satisfied that a community care order\nshould be made instead; and\n(h) the ACAT is satisfied that the treatment, care or support to be\nprovided under the community care order cannot be adequately\nprovided in another way that would involve less restriction of\nthe freedom of choice and movement of the person.\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"Content of community care order","content":"67 Content of community care order\n(1) A community care order made in relation to a person may state 1 or\nmore of the following:\n(a) that the person is to be given treatment, care or support;\n(b) that the person may be given medication for the treatment of the\nperson’s mental disorder that is prescribed by a doctor;\n(c) that the person is to undertake a counselling, training,\ntherapeutic or rehabilitation program;\n(d) that limits may be imposed on communication between the\nperson and other people.\n\n(2) A community care order may not include any requirement mentioned\nin section 69 (Content of restriction order made with community care\norder etc).\n(3) A community care order made in relation to a person must—\nunder section 70 (Role of care coordinator—community care\norder); and\ncriteria under section 66 (2) (Community care order).\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Criteria for making restriction order with community care","content":"68 Criteria for making restriction order with community care\nIn addition to making a community care order in relation to a person,\nthe ACAT may make a restriction order in relation to the person if it\nbelieves on reasonable grounds that—\n(a) it is in the interests of the person’s health or safety or the safety\nof someone else or the public to do so; and\n(b) the treatment, care or support to be provided under the\ncommunity care order cannot be adequately provided in another\nway that would involve less restriction of the freedom of choice\nand movement of the person.\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Content of restriction order made with community care","content":"69 Content of restriction order made with community care\norder etc\n(1) A restriction order made under section 68 in relation to a person may\nstate either or both of the following:\n(a) that the person must—\n(i) live (but not be detained) at a stated approved community\ncare facility or another stated place; or\n(ii) be detained at a stated approved community care facility;\n\n(b) that the person must not approach a stated person or stated place\n(2) If the restriction order states that the person must be detained at a\nstated approved community care facility, the order may also state\nwhether the person may be granted leave from the facility.\n(3) The ACAT may, on application, grant leave to a person detained at a\nstated approved community care facility (whether or not the order\nincludes a statement about leave).\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Role of care coordinator—community care order","content":"70 Role of care coordinator—community care order\n(1) The care coordinator is responsible for coordinating the provision of\ntreatment, care or support for a person to whom a community care\norder applies.\n(2) Within 5 working days after the day the order is made, the care\ncoordinator must determine, in writing, the times when and the place\nwhere the person is required to attend to receive treatment, care or\nsupport, or undertake a counselling, training, therapeutic or\nrehabilitation program, in accordance with the order.\n(3) Before making a determination in relation to a person, the care\ncoordinator—\n(a) must take all reasonable steps to consult the following:\n(v) if the person has a carer—the carer;\n\n(vi) if the person has a nominated person—the nominated\n(vii) if a health attorney is involved in the treatment, care or\n(viii) if the person is a detainee, a person released on parole or\n(ix) if the person is covered by a bail order that includes a\nAct 1992, section 25 (4) (e) or section 25A—the director-\ngeneral responsible for the supervision of the person under\nthe Bail Act 1992;\n(x) if the person is a child covered by a bail order that includes\n(xi) if the person is a young detainee or a young offender\n(b) may consult any other service provider the care coordinator\nconsiders relevant; and\n(c) must take into account the views of the people consulted under\nthis section.\n(4) After making a determination in relation to a person, the care\ncoordinator must record whether the person was consulted and—\n(5) The care coordinator must, as soon as practicable after making a\n\n(b) if the person is a child—each person with parental responsibility\n(c) the ACAT; and\n(d) the public advocate; and\n(g) if the person has a nominated person—the nominated person;\nand\n(h) if a health attorney is involved in the treatment, care or support\n","sortOrder":71},{"sectionNumber":"71","sectionType":"section","heading":"Treatment etc to be explained—community care order","content":"71 Treatment etc to be explained—community care order\n(1) Before treatment, care or support is given to a person under a\ncommunity care order, the care coordinator must ensure that the\nnature and effects (including any side effects) of the treatment, care\nor support are explained to the person.\n\n","sortOrder":72},{"sectionNumber":"72","sectionType":"section","heading":"Action if community care order no longer appropriate—","content":"72 Action if community care order no longer appropriate—\nno longer person in relation to whom ACAT could make\n(a) a community care order is in force in relation to a person; and\n(b) the care coordinator forms the opinion that—\n(i) the person is no longer a person in relation to whom the\nACAT could make a community care order; or\n(ii) if a restriction order is also in force in relation to the\nperson—it is no longer necessary for the restriction order\nto be in force.\nNote 1 For the criteria for making a community care order, see s 66. For the\ncriteria for making a restriction order with a community care order, see\ns 68.\n(2) The care coordinator must give written notice to—\n(a) if the person has a carer—the carer; and\n(b) if the person has a nominated person—the nominated person.\n(b) ask whether the carer or nominated person is aware of any other\ninformation that may be relevant to whether the community care\norder or restriction order continues to be appropriate for the\n\ncommunity care order or restriction order; and\n(i) make a submission to the ACAT review of the community\ncare order or restriction order;\n(e) tell the nominated person that the nominated person is entitled\nto make a submission to the ACAT review of the community\ncare order or restriction order.\nmentioned in subsection (1) (b) the care coordinator must tell the\nunder this section (see s 79 (3)).\n\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Powers in relation to community care order","content":"73 Powers in relation to community care order\n(a) a community care order has been made in relation to a person;\nand\n(i) a restriction order has also been made in relation to the\nperson requiring the person to be detained at an approved\ncommunity care facility; or\n(ii) the care coordinator requires the person to be detained at\nan approved community care facility under\nsection 77 (Contravention of mental health order).\n(2) The care coordinator may—\n(a) detain the person at the facility in the custody that the care\ncoordinator considers appropriate; and\nNote See s 264 (Powers of search and seizure).\nand\ncausing harm to themself or someone else.\n\n(3) If the care coordinator subjects a person to involuntary seclusion, the\ncare coordinator must ensure that the person is examined by a relevant\ndoctor of the approved community care facility at least once in each\n4-hour period for which the person is in seclusion.\n(4) If a community care order made in relation to a person authorises the\ngiving of medication for the treatment of the person’s mental\ndisorder, the care coordinator may—\nmedication prescribed by a doctor in accordance with the order;\nand\n(5) If the care coordinator subjects a person to restraint, involuntary\nseclusion or the forcible giving of medication, the care coordinator\n(a) enter in the person’s record the fact of and reasons for the\nand\nrelevant doctor, of an approved community care facility, means a\nperson employed at the facility as a consultant psychiatrist,\npsychiatric registrar in consultation with a consultant psychiatrist or\nanother doctor in consultation with a consultant psychiatrist.\n\nPart 5.6 Limits on communication under mental health orders\nPart 5.6 Limits on communication under\nmental health orders\n74 Limits on communication—mental health order\n(a) a mental health order is made in relation to a person; and\n(b) the order states that a limit may be imposed on communication\nbetween the person and other people.\n(2) The relevant official for the order may impose a limit on\ncommunication by the person with other people if—\n(a) the limit is consistent with the order; and\n(b) the relevant official believes on reasonable grounds that the limit\nis necessary and reasonable to avoid prejudicing the\neffectiveness of the person’s treatment, care or support.\n(3) The relevant official must not impose a limit on communication by\nthe person with someone authorised under a territory law to\ncommunicate with the person.\n(4) As soon as practicable after imposing a limit on communication by a\nperson, the relevant official must explain to the person, in a way the\nperson is most likely to understand—\n(a) the nature of the limit; and\n(b) the period for which the limit will be in effect; and\n(c) the reason for imposing the limit.\n(5) A limit must not be imposed for a period longer than 7 days.\n(6) Subsection (5) does not prevent a further limit being imposed\nimmediately after the limit previously imposed ceases to be in effect.\n(7) This section has effect despite part 3.1 (Rights in relation to\ninformation and communication) but subject to section 75.\n\nLimits on communication under mental health orders Part 5.6\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Offence—limits on communication—mental health order","content":"75 Offence—limits on communication—mental health order\n(1) A relevant official commits an offence if—\nperson subject to a mental health order; and\n(b) the relevant official does not ensure that the person has\nreasonable access to facilities and adequate opportunity to\ncontact the public advocate and the person’s lawyer.\n(2) A relevant official commits an offence if—\nperson subject to a mental health order; and\n(b) the public advocate or the person’s lawyer asks the relevant\nofficial to give any reasonable assistance necessary to allow the\npublic advocate or lawyer to have access to the person; and\n(c) the relevant official does not ensure that the assistance is given.\n\nPart 5.7 Duration, contravention and\nreview of mental health orders\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Duration of mental health orders","content":"76 Duration of mental health orders\nUnless sooner revoked—\n(a) a psychiatric treatment order or community care order has effect\nfor—\n(i) 6 months; or\n(ii) if a shorter period is stated in the order—the shorter period;\nand\n(b) a restriction order has effect for—\n(i) 3 months; or\n(ii) if a shorter period is stated in the order—the shorter period.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Contravention of mental health order","content":"77 Contravention of mental health order\n(a) a mental health order is in force in relation to a person; and\n(b) the person contravenes the order; and\n(c) section 78 (Contravention of mental health order—absconding\nfrom facility) does not apply to the contravention.\nExamples—contravention\n1 failure to return from leave granted by chief psychiatrist\n2 not attending mental health facility for treatment, care or support\n(2) The relevant official for the order or a mental health officer may take\naction to tell the person that failure to comply with the order may\nresult in the person being apprehended and taken to an approved\nmental health facility or approved community care facility for\n\n(3) Action under subsection (2) must—\n(a) be taken within 7 days of the contravention; and\n(b) involve the taking of all reasonable steps to tell the person the\ninformation mentioned in subsection (2).\n(4) If the noncompliance continues after the taking of action under\nsubsection (2), the relevant official or mental health officer may\nrequire the person to be detained at an approved mental health facility\nor approved community care facility to ensure compliance with the\nNote The chief psychiatrist may make a determination requiring a person to be\ntaken to a place for treatment, care or support (see s 62 (Role of chief\npsychiatrist—psychiatric treatment order)).\n(5) A person is taken to have complied with an order after the relevant\nofficial or mental health officer has taken action under subsection (2)\nif—\n(a) the person consents to receiving treatment at a place other than\nan approved mental health facility or approved community care\nfacility (a facility); and\n(b) the relevant official or mental health officer is satisfied that—\n(i) the person can be appropriately treated at a place other than\na facility; and\n(ii) the other place is a suitable place for the treatment.\nExample—other place\nthe person’s home\n(6) If a person is required to be detained under subsection (4), a police\nofficer, authorised ambulance paramedic, mental health officer or\ndoctor may apprehend the person and take the person to an approved\nmental health facility or approved community care facility.\n\n(7) If the relevant official or mental health officer requires the detention\nof a person under subsection (4), the relevant official or the mental\nhealth officer must, within 24 hours of the person being detained, tell\nthe ACAT and the public advocate in writing—\n(b) the reasons for requiring the detention; and\n(c) the name and address of the approved mental health facility or\napproved community care facility where the person is detained;\nand\n(d) if the mental health order includes a restriction order that\nrestricts the place where a person must live—whether the\nrestriction order has been contravened.\nunder this subsection (see s 79 (3)).\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Contravention of mental health order—absconding from","content":"78 Contravention of mental health order—absconding from\n(a) a mental health order is in force in relation to a person; and\n(b) a restriction order or a determination requires the person to be\ndetained at an approved mental health facility or approved\ncommunity care facility; and\n(c) the person absconds from the facility.\n(2) A police officer, authorised ambulance paramedic, mental health\nofficer or doctor may apprehend the person and take the person to an\napproved mental health facility or approved community care facility.\n\n(3) A police officer, authorised ambulance paramedic, mental health\nofficer or doctor who apprehends a person under this section must tell\nthe person the reason for the apprehension.\n(4) If a person is detained under this section the relevant official for the\norder must, within 12 hours of the person being detained, tell the\nACAT and the public advocate in writing—\n(b) the reasons for requiring the detention; and\n(c) the name and address of the approved mental health facility or\napproved community care facility where the person is detained.\nunder this subsection (see s 79 (3)).\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Review of mental health order","content":"79 Review of mental health order\n(1) The ACAT may review a mental health order in force in relation to a\nperson on its own initiative.\n(2) The ACAT must review a mental health order in force in relation to\na person if the person, or the person’s representative, applies for the\nreview on the basis that the order, or part of the order, is no longer\nrequired.\n(3) The ACAT must review each mental health order in force in relation\nto a person within 72 hours if the ACAT receives notice in relation to\nthe person under any of the following:\n(a) section 64 (Action if psychiatric treatment order no longer\n\n(b) section 72 (Action if community care order no longer\n(c) section 77 (6) (Contravention of mental health order) and the\nnotice indicates that a restriction order has been contravened;\n(d) section 78 (4) (Contravention of mental health order—\nabsconding from facility).\n(4) A review required under subsection (3)—\n(a) may be conducted without a hearing; and\n(b) may include consulting a person mentioned in section 54 (1)\n(Consultation by ACAT—mental health order).\n(5) If the ACAT is satisfied that a person in relation to whom a\npsychiatric treatment order or community care order is in force is no\npsychiatric treatment order or community care order, the ACAT must\nrevoke all the mental health orders in force in relation to the person.\n(6) In any other case, the ACAT may, if appropriate, do any of the\n(a) confirm, amend or revoke any of the mental health orders in\nforce in relation to the person;\n(b) make additional mental health orders in relation to the person;\n(c) make an assessment order in relation to the person.\n\nrepresentative, of a person, means any of the following:\n(d) a close relative or close friend of the person;\n(e) a legal representative of the person.\n\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Apprehension","content":"80 Apprehension\n(1) A police officer or authorised ambulance paramedic may apprehend\na person if the police officer or paramedic believes on reasonable\n(a) the person has a mental disorder or mental illness; and\n(b) the person has attempted or is likely to attempt—\n(i) suicide; or\n(ii) to inflict serious harm on the person or another person; and\n(c) the person—\n(i) requires an immediate examination by a doctor; and\n(ii) does not agree to be examined immediately.\n(2) In forming a belief about a person for subsection (1), a police officer\nor authorised ambulance paramedic is not required to make a medical\nassessment or clinical judgment about the person.\n(3) A person apprehended under subsection (1) may be taken to an\napproved mental health facility by—\n(a) the police officer or authorised ambulance paramedic who\napprehended the person; or\n(b) at the request of the police officer or authorised ambulance\nparamedic who apprehended the person—another police officer\nor authorised ambulance paramedic.\n\n(4) A doctor or mental health officer may apprehend a person if the\ndoctor or mental health officer believes on reasonable grounds that—\n(a) the person has a mental disorder or mental illness; and\n(i) the person requires immediate treatment, care or support;\nor\n(ii) the person’s condition will deteriorate within 3 days to\nsuch an extent that the person would require immediate\n(c) the person has refused to receive that treatment, care or support;\nand\n(d) detention is necessary for the person’s health or safety, social or\nfinancial wellbeing, or for the protection of someone else or the\npublic; and\n(e) adequate treatment, care or support cannot be provided in a less\nrestrictive environment.\n(5) A person apprehended under subsection (4) may be taken to an\napproved mental health facility by—\n(a) the doctor or mental health officer who apprehended the person;\nor\n(b) at the request of the doctor or mental health officer who\napprehended the person—\n(i) another doctor or mental health officer; or\n(ii) a police officer; or\n(iii) an authorised ambulance paramedic.\n\n(6) The ACAT must, on application, review the following decisions\nwithin 2 working days after the day the application is made:\n(a) a decision of a police officer or authorised ambulance paramedic\nunder subsection (1);\n(b) a decision of a doctor or mental health officer under\nsubsection (4) (b) (ii).\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Detention at approved mental health facility","content":"81 Detention at approved mental health facility\n(1) If a person is taken to an approved mental health facility under\nsection 80 or the Crimes Act, section 309 (1) (a) (Assessment whether\nemergency detention required), the person in charge of the facility\nmust detain the person at the facility.\n(2) If a doctor or mental health officer believes on reasonable grounds\nthat a person attending an approved mental health facility (voluntarily\nor otherwise) is a person to whom section 80 (4) (a) to (e) applies, the\ndoctor or mental health officer may detain the person at the facility.\n(3) While a person is detained at a facility under subsection (1) or (2), the\nperson in charge of the facility may—\n(a) keep the person in the custody that the person in charge\nconsiders appropriate; and\n(ii) ensure that the person remains in custody.\n\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Copy of court order","content":"82 Copy of court order\nA police officer or corrections officer who takes an accused person to\nan approved mental health facility for examination under the Crimes\nAct, section 309 (1) (a) must give the person in charge of the facility\na copy of the court order made under that section.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Statement of action taken","content":"83 Statement of action taken\n(1) A police officer, authorised ambulance paramedic, doctor or mental\nhealth officer who takes a person to an approved mental health facility\nunder section 80 must give the person in charge of the facility a\nwritten statement containing a description of the action taken under\nthat section, including the following:\n(a) the name and address (if known) of the person taken to the\n(b) the date and time when the person was taken to the facility;\n(c) detailed reasons for taking the action;\n(d) the nature and extent of the force or assistance used to enter any\npremises, or to apprehend the person and take the person to the\n(e) the nature and extent of any restraint, involuntary seclusion or\nforcible giving of medication used when apprehending the\nperson or taking the person to the facility;\n(f) anything else that happened when the person was being\napprehended and taken to the facility that may have an effect on\nthe person’s physical or mental health.\nExamples—par (f)\n1 the person was subject to threats of violence from another person\n\n(2) The person in charge of the approved mental health facility must—\n(b) tell the public advocate in writing of any restraint, involuntary\nstatement; and\n(c) keep a register of any restraint, involuntary seclusion or forcible\ngiving of medication included in the statement.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Initial examination at approved mental health facility","content":"84 Initial examination at approved mental health facility\n(1) This section applies to a person (the subject person) detained at an\napproved mental health facility under section 81.\n(2) The person in charge of the approved mental health facility must\nensure that a relevant doctor conducts an initial examination of the\nsubject person within 4 hours after—\n(a) for a person detained under section 81 (1)—arriving at the\nfacility; or\n(b) for a person detained under section 81 (2)—being detained at\nthe facility.\n(3) However, the person in charge of the facility may continue to detain\nthe subject person if the person believes on reasonable grounds that,\nif the subject person is released without an initial examination—\n(a) the subject person’s health or safety would be, or be likely to be,\n(b) the subject person would do, or be likely to do, serious harm to\nothers; or\n(c) the subject person would seriously endanger, or be likely to\nseriously endanger, public safety.\n\n(4) If the subject person continues to be detained under subsection (3)—\n(a) the person in charge of the approved mental health facility must\nimmediately tell the chief psychiatrist that the subject person has\nbeen at the facility for 4 hours without an initial examination;\nand\n(b) the chief psychiatrist must arrange for an initial examination of\nthe subject person to be conducted as soon as possible and\nwithin 2 hours of being told about the detention.\n(5) If the subject person is not given an initial examination within the\ntime required under subsection (4) (b), the person in charge of the\napproved mental health facility must—\n(a) release the subject person; or\n(b) if the subject person was taken to the approved mental health\nfacility under the Crimes Act, section 309 (1) (a) (Assessment\nwhether emergency detention required)—release the person into\nthe custody of a police officer; or\n(c) if a court order requires the subject person to be detained at a\ncorrectional centre—release the subject person into the custody\nof the corrections director-general; or\n(d) if a court order requires the subject person to be detained at a\ndetention place—release the subject person into the custody of\nthe CYP director-general.\n(6) The person in charge of the approved mental health facility must tell\nthe public advocate, in writing, about any failure to give a subject\nperson an initial examination within the time required under\nsubsection (2) or (4) (b) and the reasons for the failure.\n\ninitial examination means—\n(a) examining the subject person in person; and\n(b) considering the observations arising from the examination; and\n(c) considering any other reliable and relevant information about\nthe subject person’s condition.\nrelevant doctor, of an approved mental health facility, means a person\nemployed at the facility as a consultant psychiatrist, a psychiatric\nregistrar in consultation with a consultant psychiatrist or another\ndoctor in consultation with a consultant psychiatrist.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Authorisation of involuntary detention","content":"85 Authorisation of involuntary detention\n(1) A doctor may authorise the involuntary detention and treatment, care\nor support of a person at an approved mental health facility for a\nperiod not exceeding 3 days if—\n(a) the doctor has conducted an initial examination of the person\nunder section 84 and, on the basis of that examination and any\nother information the doctor is given, has reasonable grounds for\nbelieving that—\n(i) the person requires immediate treatment, care or support;\nand\n(ii) the person has refused to receive that treatment, care or\nsupport; and\n(iii) detention is necessary for the person’s health or safety,\nsocial or financial wellbeing, or for the protection of\nsomeone else or the public; and\n(iv) adequate treatment, care or support cannot be provided in\na less restrictive environment; and\n\n(b) another doctor has also examined the person and, on the basis of\nthat examination and any other information the doctor is given,\nalso has reasonable grounds for believing the matters mentioned\nin paragraph (a) (i) to (iv).\n(2) Before the end of the 3-day period of detention, the chief psychiatrist\nmay apply to the ACAT to extend the period of detention if the chief\npsychiatrist believes on reasonable grounds that the person continues\nto meet the criteria mentioned in subsection (1) (a) (i) to (iv).\n(3) If an application is made under subsection (2), the ACAT may order\nthat the period of detention be extended by the period, not longer than\n11 days, stated in the order.\n(4) A person may apply to the ACAT for the review of involuntary\ndetention under this section.\n(5) If an application is made under subsection (4), the ACAT must\nconduct the review within 2 working days after the day the\napplication is made.\n(6) The ACAT may consider an application under subsection (2) or (4)\nwithout holding a hearing.\nNote If the ACAT holds a hearing for the application, s 188 (1) (Notice of\nhearing) does not apply (see s 188 (3)).\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Medical examination of detained person","content":"86 Medical examination of detained person\n(1) The person in charge of an approved mental health facility must\nensure that a person detained at the facility under section 85 (1) is\ngiven—\n(a) a thorough physical examination by a doctor; and\n(b) a thorough psychiatric examination by a person employed at the\nfacility as a consultant psychiatrist, a psychiatric registrar in\nconsultation with a consultant psychiatrist or another doctor in\nconsultation with a consultant psychiatrist.\n\n(2) The examination must, as far as reasonably practicable, be conducted\nwithin 24 hours of the person being detained at the mental health\n(3) The examination must not be conducted by a doctor who conducted\nthe initial examination of the person under section 84.\n(4) However, a thorough examination mentioned in subsection (1) (a)\nor (b) is not required if the chief psychiatrist is satisfied on reasonable\n(a) a doctor or psychiatrist recently gave the person such an\nexamination; and\n(b) the examination provides sufficient relevant information about\nthe current physical or psychiatric condition of the person.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Notification of Magistrates Court about emergency","content":"87 Notification of Magistrates Court about emergency\ndetention or release from emergency detention\n(1) The person in charge of an approved mental health facility must—\n(a) notify the Magistrates Court of the results of an examination\nconducted by a doctor under an order under the Crimes Act,\nsection 309 (1); and\n(b) if, after examination by the doctor—\n(i) the person is to be detained for treatment, care or support—\nensure that the person is detained for the purposes of\nreceiving that treatment, care or support; or\n(ii) the person is not to be detained for treatment, care or\nsupport, or is to be released after being detained—release\nthe person into the custody of a police officer.\n(2) If the person is detained at the facility under section 81 or section 85,\nthe person in charge of the facility must notify the court of the reasons\nfor the detention.\n\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Treatment during detention","content":"88 Treatment during detention\n(1) While a person is detained at a mental health facility under section 85,\nthe person in charge of the facility—\n(a) may keep the person in the custody that the person in charge\nconsiders appropriate; and\n(b) may subject the person to the minimum confinement or restraint\nthat is necessary and reasonable to—\n(ii) ensure that the person remains in custody; and\n(c) may subject the person to involuntary seclusion if satisfied that\nit is the only way in the circumstances to prevent the person from\n(d) must ensure that any treatment, care or support administered to\nthe person is the minimum necessary to prevent any immediate\nand substantial risk of the person detained causing harm to\nthemself or someone else.\nNote Special provisions apply for the emergency administration of\nelectroconvulsive therapy (see s 160).\n(2) Subsection (1) (c) does not apply if a person has a mental illness for\nwhich, in the opinion of a psychiatrist, the most appropriate treatment\nis long acting medication.\n(3) In deciding whether to administer long acting medication, the\npsychiatrist must take into account the likely deterioration in the\nperson’s condition within 3 days after the psychiatrist’s examination\nof the person.\n\n(4) If a doctor believes on reasonable grounds that the detained person\nshould be given medication for the treatment of the person’s mental\ndisorder or mental illness, the doctor may—\nmedication prescribed by or under the authority of the doctor;\nand\n(5) If the detained person is subjected to confinement, restraint,\ninvoluntary seclusion or forcible giving of medication, the person in\ncharge of the facility must—\n(a) enter in the detained person’s record the fact of and the reasons\nfor the confinement, restraint, involuntary seclusion or forcible\ngiving of medication; and\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Notification of certain people about detention","content":"89 Notification of certain people about detention\n(1) A doctor must, within 12 hours after authorising the involuntary\ndetention of a person under section 85, give the required information\nabout the detention to the public advocate and the ACAT.\nMaximum penalty: 5 penalty units.\n\n(2) A doctor or mental health officer must also, as soon as practicable\nafter authorising the involuntary detention of a person under\nsection 81 or section 85, take all reasonable steps to give the required\ninformation about the detention to the following:\nMaximum penalty: 5 penalty units.\n(3) The ACAT must, as soon as practicable after ordering under\nsection 85 (3) that a period of detention be extended, take all\nreasonable steps to give the required information about the detention\nto the people mentioned in subsection (2) (a) to (e).\n(4) Subsection (5) applies if, despite the doctor, mental health officer or\nACAT taking all reasonable steps to give the required information\nabout the detention under subsection (2) or (3), any of the following\ncircumstances happens:\n(a) the required information is not given to anyone;\n(b) the detained person is a child and the required information is not\ngiven to a person with parental responsibility for the child;\n(c) the detained person is an adult who has a guardian under the\nGuardianship and Management of Property Act 1991 and the\nrequired information is not given to the guardian;\n\n(d) the detained person has an enduring power of attorney under the\nPowers of Attorney Act 2006, and appears to have impaired\ndecision-making capacity within the meaning of that Act, and\nthe required information is not given to the attorney.\n(5) The doctor, mental health officer or ACAT must tell the public\nadvocate—\n(a) of the circumstance mentioned in subsection (4); and\n(b) for subsection (4) (b), (c) or (d)—who (if anyone) the required\ninformation about the detention was given to.\n(6) The person in charge of a mental health facility where a person is\ndetained under section 81 or section 85 must ensure that the person\nhas adequate opportunity and assistance to notify a relative or friend\nof the person’s detention.\nrequired information about the detention of a person means—\n(a) the person’s name; and\n(b) the reasons for authorising the detention; and\n(c) the name and address of the approved mental health facility\nwhere the person is being detained.\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Offence—communication during detention","content":"90 Offence—communication during detention\n(1) A person commits an offence if—\n(a) the person is in charge of a mental health facility; and\n(b) a person (the detained person) is detained at the facility; and\n\n(c) the person does not ensure that, during the detention, the\ndetained person has reasonable access to facilities, and adequate\nopportunity, to contact the public advocate and the detained\nperson’s lawyer.\n(a) the person is in charge of a mental health facility; and\n(b) a person (the detained person) is detained at the facility; and\n(c) the public advocate or the detained person’s lawyer asks the\nperson to give any reasonable assistance necessary to allow the\npublic advocate or lawyer to have access to the detained person;\nand\n(d) the person does not ensure that the assistance is given.\n","sortOrder":90},{"sectionNumber":"91","sectionType":"section","heading":"Order for release","content":"91 Order for release\n(1) If a relevant entity is satisfied that the detention of a person under\nsection 85 is no longer justified, the entity must, as soon as\npracticable, order the release of the person before the period of\ndetention authorised under that subsection expires.\n(2) However, if the person detained under section 85 is an accused person\nto whom an order under the Crimes Act, section 309 (1) (Assessment\nwhether emergency detention required) applies, the relevant entity\nmust, as soon as practicable, notify the person in charge of an\napproved mental health facility if satisfied that the detention of the\nperson is no longer justified.\n\nrelevant entity means—\n(a) a doctor who examined the person under section 86; or\n(b) the chief psychiatrist; or\n(c) the ACAT.\n","sortOrder":91},{"sectionNumber":"92","sectionType":"section","heading":"Duty to release","content":"92 Duty to release\n(1) A person in charge of an approved mental health facility must ensure\nthat a person detained at the facility under section 85—\n(a) is released in accordance with an order under section 91; or\n(b) if no order under section 91 is made and subject to any other\norder of the ACAT—is released at the end of the period of\ndetention authorised under section 85.\n(2) If the person in charge of an approved mental health facility is notified\nunder section 91 (2), the person must, as soon as practicable,\ndischarge the person to whom the notification relates into the custody\nof a police officer.\n\nPreliminary Division 7.1.1\n","sortOrder":92},{"sectionNumber":"Div 7","sectionType":"division","heading":"1.1 Preliminary","content":"Division 7.1.1 Preliminary\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Definitions—pt 7.1","content":"93 Definitions—pt 7.1\nrelevant official, for a forensic mental health order, means—\n(a) for a forensic psychiatric treatment order—the chief\npsychiatrist; or\n(b) for a forensic community care order—the care coordinator.\nrelevant person, for a forensic mental health order application\nmeans—\n(a) for a forensic psychiatric treatment order—the chief\npsychiatrist; and\n(b) for a forensic community care order—a person who can make\nthe statement required under section 94 (3) (a) for the\napplication.\nDivision 7.1.2 Application for forensic mental health\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Applications for forensic mental health orders—detainees","content":"94 Applications for forensic mental health orders—detainees\netc\n(1) This section applies to any of the following (a subject person):\n(a) a detainee;\n(b) a person serving a community-based sentence;\n(c) a person released on parole;\n\nDivision 7.1.2 Application for forensic mental health orders\n(d) a person released on licence under the Crimes (Sentence\nAdministration) Act 2005, section 299;\n(e) a young detainee;\n(f) a young offender;\n(g) a person covered by a bail order that includes a condition that\nthe person accept supervision under the Bail Act 1992,\nsection 25 (4) (e), section 25A or section 26 (2).\n(2) A relevant person may apply to the ACAT for a forensic mental health\norder in relation to a subject person if the relevant person believes on\nreasonable grounds that the subject person is a person in relation to\nwhom the ACAT could reasonably make an order under section 101\n(Forensic psychiatric treatment order) or section 108 (Forensic\ncommunity care order).\n(3) The application must include—\n(a) a written statement by the relevant person addressing the criteria\nthe ACAT must consider in making an order under section 101\n(Forensic psychiatric treatment order) or section 108 (Forensic\ncommunity care order); and\n(b) a plan setting out the proposed treatment, care or support of the\nsubject person.\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Relevant person to tell ACAT of risks","content":"95 Relevant person to tell ACAT of risks\n(a) a relevant person applies to the ACAT for a forensic mental\nhealth order for a person; and\n(b) the relevant person believes on reasonable grounds that anything\nto do with the application process is likely to substantially\nincrease—\n(i) the risk to the person’s health or safety; or\n\nMaking forensic mental health orders—preliminary matters Division 7.1.3\n(a) the relevant person’s belief about the substantially increased\nrisk; and\nDivision 7.1.3 Making forensic mental health\norders—preliminary matters\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"ACAT must consider assessment—forensic mental health","content":"96 ACAT must consider assessment—forensic mental health\n(1) Before making a forensic mental health order in relation to a person,\nthe ACAT must consider—\n(a) an assessment of the person conducted under an assessment\n(b) another assessment of the person that the ACAT considers\n(2) In considering an assessment, the ACAT must take into account how\nrecently the assessment was conducted.\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Consultation by ACAT—forensic mental health order","content":"97 Consultation by ACAT—forensic mental health order\nBefore making a forensic mental health order in relation to a person,\nthe ACAT must, as far as practicable, consult—\n\nDivision 7.1.3 Making forensic mental health orders—preliminary matters\nand\n(e) if a health attorney is involved in the treatment care or support\n(f) if the chief psychiatrist or care-coordinator is likely to be\nresponsible for providing the treatment, care or support\nproposed to be ordered—the chief psychiatrist or\ncare-coordinator; and\n(g) if the person is a detainee, a person serving a community-based\nsentence, a person released on parole, or a person released on\nlicence under the Crimes (Sentence Administration) Act 2005,\nsection 299—the corrections director-general and the\ndirector-general responsible for the Crimes (Sentence\nAdministration) Act 2005; and\n(h) if the person is a young detainee or a young offender serving a\ncommunity-based sentence—the CYP director-general.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"ACAT must hold hearing—forensic mental health order","content":"98 ACAT must hold hearing—forensic mental health order\nBefore making a forensic mental health order in relation to a person,\nthe ACAT must hold a hearing into the matter.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"What ACAT must take into account—forensic mental","content":"99 What ACAT must take into account—forensic mental\n(1) In making a forensic mental health order in relation to a person, the\nACAT must take into account the following:\n(a) a plan for the proposed treatment, care or support of the person,\nmentioned in section 94 (3);\n(b) the views and wishes of the person, so far as they can be found\nout;\n\nMaking forensic mental health orders—preliminary matters Division 7.1.3\n(c) if an advance agreement or advance consent direction is in force\nin relation to the person—the person’s wishes in relation to the\nperson’s treatment, care or support stated in the agreement or\ndirection;\n(d) the views of the people responsible for the day-to-day care of\n(e) the views of each person appearing at the proceeding;\n(f) if the proceeding is on a forensic mental health order for which\nthere is a registered affected person for an offence committed or\nalleged to have been committed by the person—any statement\nby the registered affected person;\n(g) the views of each person consulted under section 97\n(Consultation by ACAT—forensic mental health order);\n(h) that any restrictions placed on the person should be the\nminimum necessary for the safe and effective care of the person\nand protection of public safety;\n(i) any alternative treatment, care or support available, including—\n(j) any relevant medical history of the person;\n(k) for a person required by a court to submit to the jurisdiction of\n(Cwlth), part 1B—\n(i) the nature and circumstances of the alleged offence or the\noffence in relation to which the person is charged; and\n\nDivision 7.1.3 Making forensic mental health orders—preliminary matters\n(ii) the nature and extent of the person’s mental illness or\nmental disorder and the effect it is likely to have on the\nperson’s behaviour in the future; and\n(iii) whether, if the person is not detained—\n(B) the person is likely to do serious harm to others;\n(l) if the proceeding is on a forensic mental health order for which\nthere is a registered affected person for the offence committed\nor alleged to have been committed by the subject person—the\nviews of the victims of crime commissioner;\n(m) anything else prescribed by regulation.\n(2) Before the ACAT makes a forensic mental health order for the\nprovision of particular treatment, care or support at a stated facility or\nby a stated person, the ACAT must be satisfied that the treatment,\ncare or support can be provided at the stated facility or by the stated\n(3) The ACAT may ask the relevant person to provide information on the\noptions that the relevant person considers are appropriate for the\nprovision of particular treatment, care or support under the proposed\nforensic mental health order.\n(4) The relevant person must respond to the ACAT within 7 days after\nreceiving a request under subsection (3), or any longer time allowed\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"ACAT must not order particular treatment, care or","content":"100 ACAT must not order particular treatment, care or\nsupport—forensic mental health order\nIn making a forensic mental health order in relation to a person, the\nACAT must not order a particular form of treatment, care or support.\n\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Forensic psychiatric treatment order","content":"101 Forensic psychiatric treatment order\n(a) a detainee or a person serving a community-based sentence\nassessed under an assessment order; or\n(b) a person referred to the ACAT for a forensic mental health order\nunder division 7.1.2; or\n(c) a person required by a court to submit to the jurisdiction of the\n(2) The ACAT may make a forensic psychiatric treatment order in\nrelation to the person if—\n(b) the ACAT believes on reasonable grounds that, because of the\nmental illness, the person—\nmental illness, the person has seriously endangered, is seriously\nendangering, or is likely to seriously endanger, public safety;\nand\n(d) the ACAT is satisfied that psychiatric treatment, care or support\nis likely to—\n(i) reduce the harm, deterioration or endangerment, or the\nlikelihood of harm, deterioration or endangerment,\nmentioned in paragraph (b) or (c); or\n\n(ii) result in an improvement in the person’s psychiatric\ncondition; and\n(e) the ACAT is satisfied that, in the circumstances, a mental health\norder should not be made; and\nNote For the making of a mental health order see ch 5.\n(f) the ACAT is satisfied that the treatment, care or support to be\nprovided under the forensic psychiatric treatment order cannot\nbe adequately provided in another way that would involve less\n(3) In making a forensic psychiatric treatment order in relation to a\nperson, the ACAT is not required to take into account the person’s\ndecision-making capacity.\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Content of forensic psychiatric treatment order","content":"102 Content of forensic psychiatric treatment order\n(1) A forensic psychiatric treatment order made in relation to a person\nmay state 1 or more of the following:\n(a) an approved mental health facility to which the person may be\ntaken;\n(b) that the person must do either or both of the following:\n(i) undergo psychiatric treatment, care or support, other than\nelectroconvulsive therapy or psychiatric surgery;\n(ii) undertake a counselling, training, therapeutic or\nrehabilitation program;\n(c) that limits may be imposed on communication between the\nperson and other people;\n(d) that the person must—\n(i) live (but not be detained) at a stated place; or\n(ii) be detained at a stated approved mental health facility;\n\n(e) that the person must not approach a stated person or stated place\n(2) A forensic psychiatric treatment order made in relation to a person\nunder section 103 (Role of chief psychiatrist—forensic\npsychiatric treatment order); and\ncriteria under section 101 (2) (Forensic psychiatric treatment\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Role of chief psychiatrist—forensic psychiatric treatment","content":"103 Role of chief psychiatrist—forensic psychiatric treatment\n(1) The chief psychiatrist is responsible for the treatment, care or support\nof a person in relation to whom a forensic psychiatric treatment order\nis in force.\n(2) Within 5 working days after the day the order is made, the chief\npsychiatrist must determine, in writing—\n(a) whether the person requires admission to an approved mental\nhealth facility to receive treatment, care or support under the\norder and, if so, whether the person can be given leave from the\nfacility; and\n(b) for a person living in the community—the times when and the\nplace where the person is required to attend to receive treatment,\ncare or support, in accordance with the order; and\n(c) the nature of the psychiatric treatment, care or support to be\ngiven to the person.\n\n(3) If the chief psychiatrist forms a belief on reasonable grounds that a\nperson subject to a forensic psychiatric treatment order who is living\nin the community requires admission to an approved mental health\nfacility to receive treatment, care or support under the order, the chief\npsychiatrist may determine, in writing—\n(a) the approved mental health facility that the person is to be\nadmitted to; and\n(b) the nature of the psychiatric treatment to be given to the person;\nand\n(c) whether the person can be given leave from the facility.\n(4) For subsection (2) (b) or (3) (c), the chief psychiatrist must not\ndetermine psychiatric treatment, care or support that has, or is likely\nto have, the effect of subjecting the person to whom it is given to\nundue stress or deprivation, having regard to the benefit likely to\nresult from the treatment, care or support.\n(5) The chief psychiatrist must also determine, in writing, the place\nwhere the person must live if—\n(a) the forensic psychiatric treatment order does not state that the\nperson live at a stated place; and\n(b) the chief psychiatrist considers that the person should live at a\nplace other than the place where the person usually lives.\n(6) Before making a determination in relation to a person, the chief\npsychiatrist must—\n(a) take all reasonable steps to consult the following:\n\n(vii) if the person is a detainee, a person released on parole or\n(viii) if the person is covered by a bail order that includes a\n(ix) if the person is a child covered by a bail order that includes\n(x) if the person is a young detainee or a young offender\n(b) take into account the views of the people consulted under this\nsection.\n(7) After making a determination in relation to a person, the chief\npsychiatrist must record whether the person was consulted and—\n\n(8) The chief psychiatrist must, as soon as practicable after making a\n(a) the people mentioned in subsection (6) (a); and\n(b) the ACAT; and\n(c) the public advocate.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Treatment etc to be explained—forensic psychiatric","content":"104 Treatment etc to be explained—forensic psychiatric\n(1) Before treatment, care or support is given to a person under a forensic\npsychiatric treatment order, the chief psychiatrist must explain to the\nperson the nature and effects (including any side effects) of the\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Action if forensic psychiatric treatment order no longer","content":"105 Action if forensic psychiatric treatment order no longer\n(a) a forensic psychiatric treatment order is in force in relation to a\n(b) the chief psychiatrist forms the opinion that the person is no\nforensic psychiatric treatment order.\nNote 1 For the criteria for making a forensic psychiatric treatment order,\nsee s 101.\nNote 2 For principles that must be taken into account when exercising a\nfunction under this Act, see s 6.\n\n(2) The chief psychiatrist must give written notice to the following\ninformation that may be relevant to whether the forensic\npsychiatric treatment order continues to be appropriate for the\nforensic psychiatric treatment order; and\n\npsychiatric treatment order;\nsubmission to the ACAT review of the forensic psychiatric\ntreatment order.\nsubsection (3) (b), the chief psychiatrist is still satisfied of the matter\nmentioned in subsection (1) (b) the chief psychiatrist must tell the\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Action if forensic psychiatric treatment order no longer","content":"106 Action if forensic psychiatric treatment order no longer\nappropriate—no longer necessary to detain person\n(a) a forensic psychiatric treatment order is in force in relation to a\n(b) the forensic psychiatric treatment order requires the person to be\ndetained at an approved mental health facility; and\n(c) the chief psychiatrist forms the opinion that it is no longer\nnecessary for the person to be detained.\n\n(2) The chief psychiatrist must give written notice to the following\nmatter mentioned in subsection (1) (c); and\ninformation that may be relevant to whether the detention under\nthe forensic psychiatric treatment order continues to be\nappropriate for the person; and\nsubsection (1) (c) and this will lead to an ACAT review of the\ndetention under forensic psychiatric treatment order; and\n\npsychiatric treatment order;\nsubmission to the ACAT review of the forensic psychiatric\ntreatment order.\nsubsection (3) (b), the chief psychiatrist is still satisfied of the matter\nmentioned in subsection (1) (c) the chief psychiatrist must tell the\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Powers in relation to forensic psychiatric treatment order","content":"107 Powers in relation to forensic psychiatric treatment order\n(a) a forensic psychiatric treatment order has been made in relation\nto a person; and\n(i) the order requires the person to be detained at an approved\nmental health facility; or\n\n(ii) the chief psychiatrist has made a determination under\nsection 103 (Role of chief psychiatrist—forensic\npsychiatric treatment order) requiring detention at an\napproved mental health facility.\n(2) The chief psychiatrist may—\n(a) detain the person at an approved mental health facility; and\nNote See s 263 (Powers of entry and apprehension) and s 264 (Powers\nof search and seizure).\nand\n(d) determine that the person can be given leave from the facility.\n(3) If the chief psychiatrist subjects a person to involuntary seclusion, the\nchief psychiatrist must ensure that the person is examined by a\nrelevant doctor of the approved mental health facility at least once in\neach 4-hour period for which the person is in seclusion.\n(4) If the chief psychiatrist determines that a person be given medication\nfor the treatment of the person’s mental illness, the chief psychiatrist\nmay—\nmedication prescribed by a doctor in accordance with the chief\npsychiatrist’s determination; and\n\n(5) If the chief psychiatrist subjects a person to restraint, involuntary\nseclusion or forcible giving of medication, the chief psychiatrist\nand\nrelevant doctor, of a relevant place, means a person employed at the\nplace as a consultant psychiatrist, psychiatric registrar in consultation\nwith a consultant psychiatrist or another doctor in consultation with a\nconsultant psychiatrist.\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Forensic community care order","content":"108 Forensic community care order\n(a) a detainee or person serving a community-based sentence\nassessed under an assessment order; or\n(b) a person referred to the ACAT for a forensic mental health order\nunder division 7.1.2; or\n(c) a person required by a court to submit to the jurisdiction of the\n\n(2) The ACAT may make a forensic community care order in relation to\nthe person if—\n(a) the person has a mental disorder; and\n(b) the ACAT believes on reasonable grounds that, because of the\nmental disorder, the person—\nmental disorder, the person has seriously endangered, is\nseriously endangering, or is likely to seriously endanger, public\nsafety; and\n(d) the ACAT is satisfied that treatment, care or support is likely to\nreduce the harm, deterioration or endangerment, or the\nlikelihood of harm deterioration or endangerment, mentioned in\nparagraph (b) or (c); and\n(e) the ACAT is satisfied that, in the circumstances, a forensic\npsychiatric treatment order should not be made; and\n(f) the ACAT is satisfied that, in the circumstances, a mental health\norder should not be made; and\n(g) the ACAT is satisfied that the treatment, care or support to be\nprovided under the forensic community care order cannot be\nadequately provided in another way that would involve less\n(3) In making a forensic community care order in relation to a person, the\nACAT is not required to take into account the person’s\ndecision-making capacity.\n\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Content of forensic community care order","content":"109 Content of forensic community care order\n(1) A forensic community care order made in relation to a person may\nstate 1 or more of the following:\n(a) that the person is to be given treatment, care or support;\n(b) that the person may be given medication for the treatment of the\nperson’s mental disorder that is prescribed by a doctor;\n(c) that the person is to undertake a counselling, training,\ntherapeutic or rehabilitation program;\n(d) that limits may be imposed on communication between the\nperson and other people;\n(e) that the person must—\n(i) live (but not be detained) at a stated approved community\ncare facility or another stated place; or\n(ii) be detained at a stated community care facility;\n(f) that the person must not approach a stated person or stated place\n(2) A forensic community care order made in relation to a person must—\nunder section 110 (Role of care coordinator—forensic\ncommunity care order); and\ncriteria under section 108 (2) (Forensic community care order).\n\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Role of care coordinator—forensic community care order","content":"110 Role of care coordinator—forensic community care order\n(1) The care coordinator is responsible for coordinating the provision of\ntreatment, care or support for a person in relation to whom a forensic\ncommunity care order is in force.\n(2) Within 5 working days after the day the forensic community care\norder is made, the care coordinator must determine, in writing, the\ntimes when and the place where the person is required to attend to\nreceive treatment, care or support, or undertake a counselling,\ntraining, therapeutic or rehabilitation program, in accordance with the\n(3) The care coordinator must not determine treatment, care or support\nthat has, or is likely to have, the effect of subjecting the person to\nwhom it is given to undue stress or deprivation, having regard to the\nbenefit likely to result from the treatment, care or support.\n(4) Before making a determination in relation to a person, the care\ncoordinator—\n(a) must take all reasonable steps to consult the following:\n\n(vii) if the person is a detainee, a person released on parole or\n(viii) if the person is covered by a bail order that includes a\n(ix) if the person is a child covered by a bail order that includes\n(x) if the person is a young detainee or a young offender\n(b) may consult any other service provider the care coordinator\nconsiders relevant; and\n(c) must take into account the views of the people consulted under\nthis section.\n(5) After making a determination in relation to a person, the care\ncoordinator must record whether the person was consulted and—\n(6) The care coordinator must, as soon as practicable after making a\n(a) the people mentioned in subsection (4) (a); and\n(b) the ACAT; and\n(c) the public advocate.\n\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Treatment etc to be explained—forensic community care","content":"111 Treatment etc to be explained—forensic community care\n(1) Before treatment, care or support is given to a person under a forensic\ncommunity care order, the care coordinator must ensure that the\nnature and effects (including any side effects) of the treatment, care\nor support are explained to the person.\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Action if forensic community care order no longer","content":"112 Action if forensic community care order no longer\n(a) a forensic community care order is in force in relation to a\n(b) the care coordinator forms the opinion that the person is no\nforensic community care order.\nNote For the criteria for making a forensic community care order, see s 108.\n(2) The care coordinator must give written notice to the following\n\ninformation that may be relevant to whether the forensic\ncommunity care order continues to be appropriate for the\nforensic community care order; and\ncommunity care order;\n\nsubmission to the ACAT review of the forensic community care\nmentioned in subsection (1) (b) the care coordinator must tell the\n","sortOrder":113},{"sectionNumber":"113","sectionType":"section","heading":"Action if forensic community care order no longer","content":"113 Action if forensic community care order no longer\nappropriate—no longer necessary to detain person\n(a) a forensic community care order is in force in relation to a\n(b) the forensic community care order requires the person to be\ndetained at an approved community care facility; and\n(c) the care coordinator forms the opinion that it is no longer\nnecessary for the person to be detained.\nNote 1 For the criteria for making a forensic community care order, see s 108.\nFor detention powers in relation to a forensic community care order, see\ns 114.\n\n(2) The care coordinator must give written notice to the following\nmatter mentioned in subsection (1) (c); and\ninformation that may be relevant to whether the detention under\nthe forensic psychiatric treatment order continues to be\nappropriate for the person; and\nsubsection (1) (c) and this will lead to an ACAT review of the\ndetention under forensic psychiatric treatment order; and\n\ncommunity care order;\nsubmission to the ACAT review of the forensic community care\nmentioned in subsection (1) (c) the care coordinator must tell the\n","sortOrder":114},{"sectionNumber":"114","sectionType":"section","heading":"Powers in relation to forensic community care order","content":"114 Powers in relation to forensic community care order\n(a) a forensic community care order has been made in relation to a\n(i) the order requires the person to be detained at an approved\ncommunity care facility; or\n(ii) the care coordinator requires the person to be detained at\nan approved community care facility under\nsection 124 (Contravention of forensic mental health\n\n(2) The care coordinator may—\n(a) detain the person at the facility in the custody that the care\ncoordinator considers appropriate; and\nNote See s 263 (Powers of entry and apprehension) and s 264 (Powers\nof search and seizure).\nand\ncausing harm to themself or someone else.\n(3) If the care coordinator subjects a person to involuntary seclusion, the\ncare coordinator must ensure that the person is examined by a relevant\ndoctor of the approved community care facility at least once in each\n4-hour period for which the person is in seclusion.\n(4) If a community care order made in relation to a person authorises the\ngiving of medication for the treatment of the person’s mental\ndisorder, the care coordinator may—\nmedication prescribed by a doctor in accordance with the order;\nand\n\nLimits on communication under forensic mental health orders Division 7.1.6\n(5) If the care coordinator subjects a person to restraint, involuntary\nseclusion or forcible giving of medication, the care coordinator\nand\nrelevant doctor, of an approved community care facility, means a\nperson employed at the facility as a consultant psychiatrist, a\npsychiatric registrar in consultation with a consultant psychiatrist or\nanother doctor in consultation with a consultant psychiatrist.\nDivision 7.1.6 Limits on communication under\nforensic mental health orders\n","sortOrder":115},{"sectionNumber":"115","sectionType":"section","heading":"Limits on communication—forensic mental health order","content":"115 Limits on communication—forensic mental health order\n(a) a forensic mental health order is made in relation to a person;\nand\n(b) the order states that a limit may be imposed on communication\nbetween the person and other people.\n\nDivision 7.1.6 Limits on communication under forensic mental health orders\n(2) The relevant official for the order may impose a limit on\ncommunication by the person with other people if—\n(a) the limit is consistent with the order; and\n(b) the relevant official believes on reasonable grounds that the limit\nis necessary and reasonable to avoid prejudicing the\neffectiveness of the person’s treatment, care or support.\n(3) The relevant official must not impose a limit on communication by\nthe person with someone authorised under a territory law to\ncommunicate with the person.\n(4) As soon as practicable after imposing a limit on communication by a\nperson, the relevant official must explain to the person, in a way the\nperson is most likely to understand—\n(a) the nature of the limit; and\n(b) the period for which the limit will be in effect; and\n(c) the reason for imposing the limit.\n(5) A limit must not be imposed for a period longer than 7 days.\n(6) Subsection (5) does not prevent a further limit being imposed\nimmediately after a limit previously imposed ceases to be in effect.\n(7) This section has effect despite part 3.1 (Rights in relation to\ninformation and communication) but subject to section 116.\n\nDuration of forensic mental health orders Division 7.1.7\n","sortOrder":116},{"sectionNumber":"116","sectionType":"section","heading":"Offence—limits on communication—forensic mental","content":"116 Offence—limits on communication—forensic mental\n(1) A relevant official commits an offence if—\nperson subject to a forensic mental health order; and\n(b) the relevant official does not ensure that the person has\nreasonable access to facilities and adequate opportunity to\ncontact the public advocate and the person’s lawyer.\n(2) A relevant official commits an offence if—\nperson subject to a forensic mental health order; and\n(b) the public advocate or the person’s lawyer asks the relevant\nofficial to give any reasonable assistance necessary to allow the\npublic advocate or lawyer to have access to the person; and\n(c) the relevant official does not ensure that the assistance is given.\nDivision 7.1.7 Duration of forensic mental health\n","sortOrder":117},{"sectionNumber":"117","sectionType":"section","heading":"Duration of forensic mental health orders","content":"117 Duration of forensic mental health orders\n(1) Unless sooner revoked, a forensic mental health order in relation to a\nperson remains in force for the period, not longer than the following,\nstated in the order:\n(a) 3 months;\n(b) if consecutive forensic mental health orders have been in force\nin relation to a person for 1 year or more—1 year.\n\n(2) A relevant person must, in writing, tell a person in relation to whom\na forensic mental health order has been in force if the order is no\nlonger in force.\nNote 1 The director-general responsible for the Crimes (Sentence\nAdministration) Act 2005 must tell the director-general of a change in the\nperson’s status (see Crimes (Sentence Administration) Act 2005,\ns 321AA).\nNote 2 The chief psychiatrist or another relevant person may apply for a mental\nhealth order in relation to the person (see s 51).\n","sortOrder":118},{"sectionNumber":"118","sectionType":"section","heading":"Meaning of corrections order—div 7.1.8","content":"118 Meaning of corrections order—div 7.1.8\nIn this division:\ncorrections order means any of the following:\n(a) a warrant of remand;\n(b) a warrant of imprisonment;\n(c) a bail order under the Bail Act 1992, with a condition to be\nsupervised;\n(d) a community-based sentence under the Crimes (Sentence\nAdministration) Act 2005, with a condition to be supervised;\n(e) release on licence under the Crimes (Sentence Administration)\nAct 2005, chapter 13.\n\n","sortOrder":119},{"sectionNumber":"119","sectionType":"section","heading":"Grant of leave for person detained by ACAT","content":"119 Grant of leave for person detained by ACAT\nhealth order if the ACAT has ordered the detention.\nNote 1 The ACAT may order the detention of a person under a forensic mental\nhealth order under s 102 (1) (d) or s 109 (1) (e).\n(2) The ACAT may grant the person a period of leave from the facility—\n(a) on application by the person; or\n(b) on application by the relevant official for the order.\n(3) Before granting leave the ACAT must—\n(a) if the person is subject to a corrections order—\n(i) if the person is a detainee—obtain the agreement of the\ncorrections director-general; or\n(ii) if the person is a young detainee—obtain the agreement of\nthe CYP director-general; or\n(iii) if the person is not a detainee or young detainee—consult\nthe relevant director-general for the corrections order; and\n(b) if the application is by the person—consult the relevant official\nfor the order.\n(4) The ACAT may grant leave for any purpose the ACAT considers\nappropriate if satisfied that—\n(a) the consultation mentioned in subsection (3) does not raise a\nserious concern about the appropriateness of the leave; and\n(b) the safety of the person, anyone else or the public will not be\nseriously endangered.\n\n(5) The ACAT may refuse to grant leave if satisfied that—\n(a) the person applied for leave for the same purpose in the previous\n6 months; and\n(b) the application was refused.\nExamples—purposes\n1 to attend a health or rehabilitation service\n2 to take part in work or work-related activities\n3 for compassionate reasons\n(6) A grant of leave must state—\n(7) A grant of leave may be subject to conditions, including in relation to\nany of the following:\n\n(i) any other condition the ACAT considers appropriate in the\ncircumstances, taking into account the safety of the person,\n(8) If leave is granted under this section, the ACAT must give written\nnotice to—\n(b) the relevant official for the order; and\n","sortOrder":120},{"sectionNumber":"120","sectionType":"section","heading":"Revocation of leave granted by ACAT","content":"120 Revocation of leave granted by ACAT\n(1) The ACAT may revoke leave granted under section 119 to a person—\n(a) on application by the relevant official for the person’s forensic\nmental health order; or\n(b) if the person is subject to a corrections order—on application by\nthe corrections director-general; or\n(c) in any case—on its own initiative.\n(2) Before revoking a person’s leave, the ACAT must give notice that the\nrevocation is being considered to—\n\n(b) the relevant official for the person’s forensic mental health\norder; and\n(3) The ACAT may revoke a person’s leave if—\n(a) the ACAT believes on reasonable grounds it is necessary to do\nso because the person—\n(iii) is seriously endangering, or is likely to seriously endanger,\npublic safety; or\n(b) the person contravenes a condition of the grant.\n(4) If a person’s leave is revoked under this section, the ACAT must give\nwritten notice of the revocation to—\n(b) the relevant official for the person’s forensic mental health\norder; and\n\n(5) If a person’s leave is revoked under this section, a police officer,\napprehend the person and take the person to a relevant facility.\n(6) If a person is detained under subsection (5), the relevant official must,\nwithin 12 hours after the detention starts, give written notice to the\nACAT and the public advocate of—\n\n","sortOrder":121},{"sectionNumber":"121","sectionType":"section","heading":"Grant of leave for person detained by relevant official","content":"121 Grant of leave for person detained by relevant official\nhealth order if the relevant official has detained the person at the\nNote 1 The chief psychiatrist may make a determination under s 103 (Role of\nchief psychiatrist—forensic psychiatric treatment order) requiring\ndetention of a person at an approved mental health facility.\nNote 2 The care coordinator may require a person to be detained at an approved\ncommunity care facility (see s 114 and s 124).\n(2) The relevant official may grant a period of leave from the approved\nmental health facility or approved community care facility—\n(a) on application by the person; or\n(b) on the relevant official’s own initiative.\n(3) Before granting leave the relevant official must—\n(a) notify the ACAT of the application for leave; and\n(i) if the person is a detainee—obtain the agreement of the\ncorrections director-general; or\n(ii) if the person is a young detainee—obtain the agreement of\nthe CYP director-general; or\n(iii) if the person is not a detainee or young detainee—consult\nthe relevant director-general for the corrections order.\n(4) The relevant official must not grant leave if satisfied that—\n(a) the person applied to the ACAT for leave for the same purpose\nin the previous 6 months; and\n(b) the application was refused.\n\n(5) The relevant official may allow the person to take a period of leave\nfor any purpose the relevant official considers appropriate if satisfied\n(a) the consultation mentioned in subsection (3) does not raise a\nserious concern about the appropriateness of the leave; and\n(b) the safety of the person, anyone else or the public will not be\nseriously endangered.\nExamples—purposes\n1 to attend a health or rehabilitation service\n2 to take part in work or work-related activities\n3 for compassionate reasons\n(6) The grant of leave must state—\n(7) The grant of leave may be subject to conditions, including in relation\nto any of the following:\n\n(i) any other condition the relevant official considers appropriate in\nthe circumstances taking into account the safety of the person,\n(8) If leave is granted under this section, the relevant official must give\nwritten notice to—\n","sortOrder":122},{"sectionNumber":"122","sectionType":"section","heading":"Leave in emergency or special circumstances","content":"122 Leave in emergency or special circumstances\nhealth order if—\n(a) the ACAT has ordered the detention; or\n(b) the relevant official has detained the person at the facility.\n\n(2) The relevant official may grant the person a period of leave from the\napproved mental health facility or approved community care facility\nif satisfied that—\n(a) there are emergency or special circumstances for granting the\nleave; and\n1 to attend a relative’s funeral\n2 to attend an urgent medical appointment\n(b) the safety of the person, someone else or the public will not be\nseriously endangered by the leave.\n(3) Before granting leave the relevant official must—\n(a) if the person is a detainee—obtain the agreement of the\ncorrections director-general; and\n(b) if the person is a young detainee—obtain the agreement of the\nCYP director-general; and\n(c) if the person is not a detainee or young detainee—consult the\n(4) The relevant official must not grant leave under this section if the\n(a) has applied for leave based on the same emergency or special\ncircumstances under section 119 (Grant of leave for person\ndetained by ACAT), section 121 (Grant of leave for person\ndetained by relevant official) or this section; and\n(b) the ACAT or the relevant official has refused to grant the leave.\n(5) If leave is granted under this section, the relevant official must give\nwritten notice to—\n\nNote The function of granting leave under this section must not be delegated\n(see s 200 (2) (Delegation by chief psychiatrist) and s 207 (2) (Delegation\nby care coordinator)).\n","sortOrder":123},{"sectionNumber":"123","sectionType":"section","heading":"Revocation of leave granted by relevant official","content":"123 Revocation of leave granted by relevant official\n(1) The relevant official may revoke leave granted under section 121 or\nsection 122 to a person—\n(a) if the person is subject to a corrections order—on application by\nthe corrections director-general; or\n(b) in any case—on its own initiative.\n(2) Before revoking a person’s leave, the relevant official must give\nnotice that the revocation is being considered to—\n\n(3) The relevant official may revoke a person’s leave if—\n(a) the relevant official believes on reasonable grounds it is\nnecessary to do so because the person—\n(iii) is seriously endangering, or is likely to seriously endanger,\npublic safety; or\n(b) the person contravenes a condition of the grant.\n(4) If a person’s leave is revoked under this section, the relevant official\nmust give written notice of the revocation to—\n(5) If a person’s leave is revoked under this section, a police officer,\napprehend the person and take the person to a relevant facility.\n\n(6) If a person is detained under subsection (5), the relevant official must,\nwithin 12 hours after the detention starts, give written notice to the\nACAT and the public advocate of—\nDivision 7.1.9 Contravention and review of forensic\nmental health orders\n","sortOrder":124},{"sectionNumber":"124","sectionType":"section","heading":"Contravention of forensic mental health order","content":"124 Contravention of forensic mental health order\n(a) a forensic mental health order is in force in relation to a person;\nand\n(b) the person contravenes the order; and\n(c) section 125 (Contravention of forensic mental health order—\nabsconding from facility) does not apply to the contravention.\nExamples—contravention\n1 failure to return from leave granted by ACAT\n2 not attending mental health facility for treatment, care or support\n\n(2) The relevant official for the order or a mental health officer may take\naction to tell the person that failure to comply with the order may\nresult in the person being apprehended and taken to a relevant facility\nfor treatment, care or support.\n(3) Action taken under subsection (2) must—\n(a) be taken within 7 days of the contravention; and\n(b) involve the taking of all reasonable steps to tell the person the\ninformation mentioned in subsection (2).\n(4) If the noncompliance continues after the taking of action under\nsubsection (2), the relevant official or mental health officer may\nrequire the person to be detained at a relevant facility for treatment,\ncare or support.\n(5) If a person is required to be detained under subsection (4), a police\nofficer, authorised ambulance paramedic, doctor or mental health\nofficer may apprehend the person and take the person to a relevant\n(6) If a person is detained under this section the relevant official or mental\nhealth officer must, within 12 hours after the detention starts, give\nwritten notice to the ACAT and the public advocate of—\nunder this subsection (see s 126 (5)).\n\n","sortOrder":125},{"sectionNumber":"125","sectionType":"section","heading":"Contravention of forensic mental health order—","content":"125 Contravention of forensic mental health order—\nabsconding from facility\n(a) a forensic mental health order is in force in relation to a person;\nand\n(b) the forensic mental health order requires the person to be\ndetained at an approved mental health facility or an approved\ncommunity care facility; and\n(c) the person absconds from the facility.\n(2) The person in charge of the facility must immediately tell the police\nthat the person has absconded.\n(3) A police officer, authorised ambulance paramedic, mental health\nofficer or doctor may apprehend the person and take the person to an\napproved mental health facility or approved community care facility.\n(4) A police officer, authorised ambulance paramedic, mental health\nofficer or doctor who apprehends a person under this section must tell\nthe person the reason for the apprehension.\n\n(5) If a person is detained under this section the relevant official for the\norder must, within 12 hours after the detention starts, give written\nnotice to the ACAT and the public advocate of—\n(c) the name and address of the facility where the person is detained.\nunder this subsection (see s 126 (5)).\n","sortOrder":126},{"sectionNumber":"126","sectionType":"section","heading":"Review of forensic mental health order","content":"126 Review of forensic mental health order\n(1) The ACAT may review a forensic mental health order in force in\nrelation to a person on its own initiative.\n(2) The ACAT must review a forensic mental health order in force in\nrelation to a person if the person, or the person’s representative,\napplies for the review on the basis that the order, or part of the order,\nis no longer required.\n(3) The ACAT must review each forensic mental health order in force in\nrelation to a person within 10 days if the ACAT receives notice in\nrelation to the person under any of the following:\n(a) section 105 (Action if forensic psychiatric treatment order no\nlonger appropriate—no longer person in relation to whom\nACAT could make order);\n(b) section 106 (Action if forensic psychiatric treatment order no\nlonger appropriate—no longer necessary to detain person);\n(c) section 112 (Action if forensic community care order no longer\n\n(d) section 113 (Action if forensic community care order no longer\nappropriate—no longer necessary to detain person).\n(4) A review of a matter under subsection (3) must include, as far as\npracticable, consulting a person mentioned in section 97.\n(5) The ACAT must review each forensic mental health order in force in\nrelation to the person within 72 hours if the ACAT receives notice in\nrelation to the person under—\n(a) section 124 (6) (Contravention of forensic mental health order);\nor\n(b) section 125 (5) (Contravention of forensic mental health order—\nabsconding from facility).\n(6) A review required under subsection (5)—\n(a) may be conducted without a hearing; and\n(b) may include consulting a person mentioned in section 97.\n(7) If the ACAT is satisfied that a person in relation to whom a forensic\nmental health order is in force is no longer a person in relation to\nwhom the ACAT could make a forensic mental health order, the\nACAT must revoke all the forensic mental health orders in force in\nrelation to the person.\n(8) In any other case, the ACAT may, if appropriate, do any of the\n(a) confirm, amend or revoke any of the forensic mental health\norders in force in relation to the person;\n(b) make additional forensic mental health orders in relation to the\n\n(c) make a mental health order in relation to the person;\n(d) make an assessment order in relation to the person.\nrepresentative, for a person, means any of the following:\n(d) a close relative or close friend of the person;\n(e) a legal representative of the person.\n\n","sortOrder":127},{"sectionNumber":"127","sectionType":"section","heading":"Definitions—pt 7.2","content":"127 Definitions—pt 7.2\naffected person register—see section 130.\ndirector-general means the director-general responsible for the ACT\nCivil and Administrative Tribunal Act 2008.\nforensic patient means a person—\n(a) in relation to whom a forensic mental health order may be made\nor is in force; or\n(b) who, if required by an order of a court under the Crimes Act,\npart 13 or the Crimes Act 1914 (Cwlth), part 1B must submit to\nthe jurisdiction of the ACAT or is subject to a review by the\nACAT.\npublish means communicate or disseminate information in a way or\nto an extent that makes it available to, or likely to come to the notice\nof, the public or a section of the public or anyone else not lawfully\nentitled to the information.\n","sortOrder":128},{"sectionNumber":"128","sectionType":"section","heading":"Meaning of affected person","content":"128 Meaning of affected person\n(1) In this Act:\naffected person, in relation to a forensic patient, means a person who\nsuffers harm because of an offence committed, or alleged to have\nbeen committed, by the forensic patient, and includes—\n(a) a person (the primary affected person) who suffers harm—\n(i) in the course of, or as a result of, the commission of the\noffence; or\n(ii) as a result of witnessing the offence; and\n\n(b) a family member of the primary affected person who suffers\nharm because of the harm to the primary affected person; and\n(c) a person who is financially or psychologically dependent on the\nprimary affected person and who suffers harm because of the\nharm to the primary affected person; and\n(d) if a person mentioned for this definition is a child or legally\nincompetent person—a guardian of the child or legally\nincompetent person.\nNote An affected person may also be entitled to information and assistance as\na victim of crime under the Victims of Crime Act 1994.\nenduring power of attorney—see the Powers of Attorney Act 2006,\nsection 8.\nguardian means—\n(a) for a child—a parent, a legally appointed guardian of the child\nor someone else with parental responsibility for the child under\n(Parental responsibility); or\n(b) for a legally incompetent person—a person who is—\n(i) a legally appointed guardian of the legally incompetent\nperson; or\n(ii) an attorney, appointed under an enduring power of attorney\nthat has become operative, for the legally incompetent\nharm includes 1 or more of the following:\n(a) physical injury;\n(b) mental injury or emotional suffering (including grief);\n(c) pregnancy;\n\n(d) economic loss;\n(e) substantial impairment of a person’s legal rights.\nlegally appointed guardian means a guardian under the\nGuardianship and Management of Property Act 1991.\nlegally incompetent person means an adult who is subject to—\n(a) an enduring power of attorney that has become operative; or\n(b) a guardianship order.\n","sortOrder":129},{"sectionNumber":"129","sectionType":"section","heading":"Meaning of registered affected person","content":"129 Meaning of registered affected person\nregistered affected person, in relation to a forensic patient, means an\naffected person in relation to the forensic patient whose information\nis entered in the register kept under section 130.\n","sortOrder":130},{"sectionNumber":"130","sectionType":"section","heading":"Affected person register","content":"130 Affected person register\nThe director-general must maintain a register (the affected person\nregister) of affected people in relation to offences committed or\nalleged to have been committed by forensic patients.\n","sortOrder":131},{"sectionNumber":"131","sectionType":"section","heading":"Notifying people about the affected person register","content":"131 Notifying people about the affected person register\n(1) The director-general must take reasonable steps to notify affected\npeople in relation to forensic patients about the affected person\nregister.\n(2) The notice must set out—\n(a) the rights of a registered affected person under section 134; and\n(b) the requirement for an affected person to sign an undertaking not\nto publish the information received under section 134 if the\nperson wants to be registered as an affected person.\n\n(3) The notice may seek the consent of the affected person to include the\nperson’s information on the register if the director-general considers\nthat it is necessary for the person’s safety and wellbeing.\nNote A person who is the victim of a crime may also be entitled to information\nand assistance under the Children and Young People Act 2008, the\nCrimes (Sentence Administration) Act 2005, and the Victims of Crime\nAct 1994.\n","sortOrder":132},{"sectionNumber":"132","sectionType":"section","heading":"Including person in affected person register","content":"132 Including person in affected person register\n(1) The director-general must enter in the register information about an\naffected person if—\n(a) the person, or someone acting for the person—\n(i) asks the director-general to enter the information; or\n(ii) gives consent to the director-general entering the\ninformation; and\n(b) the person signs an undertaking not to publish information\ndisclosed under section 134; and\n(c) the director-general is satisfied that entering the information is\nnecessary for the affected person’s safety and wellbeing.\n(2) As soon as practicable after entering the affected person’s\ninformation in the register, the director-general must give the\nregistered affected person, orally or in writing, information about the\nperson’s rights as a registered affected person under section 134.\n(3) Subsection (2) does not apply if the director-general has given the\naffected person written notice under section 131.\n(4) If the registered affected person is a child under 15 years old, the\ndirector-general may give the information to a person who has\nparental responsibility for the person under the Children and Young\nPeople Act 2008, division 1.3.2 (Parental responsibility).\n\n(5) The director-general must not disclose the information in the register\nabout a registered affected person to—\n(a) a forensic patient; or\n(b) any other entity except the following:\n(i) the registered affected person;\n(ii) a person mentioned in subsection (4);\n(iii) a person with legal authority to act for the registered\naffected person;\n(iv) if disclosure of the information is or may be relevant for a\nmatter before a court—the court.\n","sortOrder":133},{"sectionNumber":"133","sectionType":"section","heading":"Removing person from affected person register","content":"133 Removing person from affected person register\n(1) The director-general must remove a registered affected person’s\ninformation from the affected person register on request by the person\nor someone with legal authority to act for the person.\n(2) The director-general may, at any time, remove a registered affected\nperson’s information from the register if—\n(a) the ACAT considers that it is no longer necessary for the\nperson’s wellbeing and safety to be a registered affected person;\nor\n(b) the person breaches an undertaking not to publish information\ndisclosed under section 134.\n(3) However, before the director-general removes a person’s information\nfrom the register under subsection (2), the director-general must give\nthe person written notice of their intention to remove the information.\nNote The director-general may delegate the function under this section, for\nexample, to the Victims of Crime Commissioner (see Public Sector\nManagement Act 1994, s 20).\n\n(4) The notice must include a statement to the effect that the person has\n28 days to tell the director-general in writing why it is necessary for\nthe person’s wellbeing and safety to remain on the register.\n","sortOrder":134},{"sectionNumber":"134","sectionType":"section","heading":"Disclosures to registered affected people","content":"134 Disclosures to registered affected people\n(a) a forensic mental health order has been made in relation to a\nforensic patient; or\n(b) under an order of a court under the Crimes Act, part 13 or the\nCrimes Act 1914 (Cwlth), part 1B, a forensic patient must\nsubmit to the jurisdiction of the ACAT or is subject to a review\n(2) The director-general must disclose to a registered affected person in\nrelation to the forensic patient information about any of the following\nhappening in relation to the forensic patient:\n(a) an application for a forensic mental health order has been made;\n(b) a forensic mental health order is in force;\n(c) the patient must submit to the jurisdiction of the ACAT or is\nsubject to a review by the ACAT;\n(d) a decision made by the ACAT in relation to the patient in the\ncircumstances mentioned in paragraph (c);\n(e) the patient absconds, or fails to return after leave, from a mental\nhealth facility or community care facility;\n(f) the patient is transferred to or from another jurisdiction;\n(g) the patient is released from a mental health facility or\ncommunity care facility.\n\n(3) The director-general may disclose any other information about the\nforensic patient to a registered affected person in relation to the\npatient that the director-general considers necessary for the registered\naffected person’s safety and wellbeing.\n(4) However, the director-general must not disclose identifying\ninformation about a child, or a person who was a child when the\noffence was committed or alleged to have been committed, unless the\noffence was a personal violence offence and the director-general\nbelieves that the registered affected person, or a family member of the\naffected person, may come into contact with the child or person.\n(5) If the registered affected person is a child under 15 years old, the\ndirector-general may give the information to a person who has\nparental responsibility for the affected person under the Children and\nYoung People Act 2008, division 1.3.2 (Parental responsibility).\n(6) Subsection (5) does not limit the cases in which the director-general\nmay give information to a person acting for a registered affected\n(7) The director-general must ensure that every disclosure under this\nsection is accompanied by a written statement that—\n(a) the registered affected person must not publish the disclosed\ninformation; and\n(b) publishing disclosed information may result in a registered\naffected person being removed from the register of affected\npeople; and\n(c) if the disclosed information relates to a forensic patient who is a\nchild or young person, or was a child or young person when the\noffence was committed or alleged to have been committed—\npublishing the disclosed information is an offence under the\nCriminal Code, section 712A.\n\n(8) In this section:\nfamily violence offence—see the Family Violence Act 2016,\ndictionary.\npersonal violence offence means—\n(a) an offence that involves causing harm, or threatening to cause\nharm, to anyone; or\n(b) a family violence offence.\n\n","sortOrder":135},{"sectionNumber":"135","sectionType":"section","heading":"Meaning of correctional patient","content":"135 Meaning of correctional patient\ncorrectional patient means a person in relation to whom a transfer\ndirection has been made.\nNote Transfer direction is defined in s 136 (3). Transfer directions for\ncorrectional patients are made by the corrections director-general or the\nCYP director-general. They can only be made for people for whom a\nmental health order or forensic mental health order cannot be made (see\ns 136 (1) (b)).\n\nTransfer of correctional patients Part 8.2\n","sortOrder":136},{"sectionNumber":"136","sectionType":"section","heading":"Transfer to mental health facility","content":"136 Transfer to mental health facility\n(a) the chief psychiatrist is satisfied that a detainee or young\ndetainee has a mental illness for which treatment, care or support\nis available in an approved mental health facility; and\n(b) a mental health order or forensic mental health order cannot be\nmade in relation to the person.\n(2) The chief psychiatrist may ask the corrections director-general or the\nCYP director general to direct that the detainee or young detainee be\ntransferred from a correctional centre or detention place to a stated\napproved mental health facility, and be detained at the facility.\n(3) If the corrections director-general or the CYP director-general\ndecides to make the direction requested, the direction (the transfer\ndirection) must be made—\n(a) for the corrections director-general—under the Corrections\nManagement Act 2007, section 54 (Transfers to health\nfacilities); and\n(b) for the CYP director-general—under the Children and Young\nPeople Act 2008, section 109 (Transfers to health facilities).\n(4) Before making a transfer direction, the CYP director-general must, as\nfar as practicable, consult each person with parental responsibility for\nthe young detainee under the Children and Young People Act 2008,\n(5) The corrections director-general or the CYP director-general may, at\nthe request of the chief psychiatrist and at any time before the transfer\ntakes place, revoke the direction.\n\n","sortOrder":137},{"sectionNumber":"137","sectionType":"section","heading":"Return to correctional centre or detention place unless","content":"137 Return to correctional centre or detention place unless\ndirection to remain\n(1) A correctional patient must, within 7 days after the day the patient is\ntransferred to an approved mental health facility under a transfer\ndirection, be returned or transferred—\n(a) if the patient is a detainee—to a correctional centre; or\n(b) if the patient is a young detainee—to a detention place.\n(2) However, the chief psychiatrist may direct that a correctional patient\nremain at an approved mental health facility for longer than 7 days if\nthe chief psychiatrist is satisfied that—\n(a) the person has a mental illness for which treatment, care or\nsupport is available in the approved mental health facility; and\n(b) other care of an appropriate kind would not be reasonably\navailable to the person in the correctional centre or detention\nplace.\n(3) The chief psychiatrist may direct that a correctional patient be\nreturned or transferred to the correctional centre or detention place at\nany time if the chief psychiatrist is satisfied that—\n(a) the person no longer has a mental illness for which treatment,\ncare or support is available in an approved mental health facility;\nor\n(b) other care of an appropriate kind would be reasonably available\nto the person in a correctional centre or detention place.\nNote The corrections director-general and the CYP director-general may give\na direction for removal and return of the person at any time (see\nCorrections Management Act 2007, s 54 and Children and Young People\nAct 2008, s 109).\n\nTransfer of correctional patients Part 8.2\n","sortOrder":138},{"sectionNumber":"138","sectionType":"section","heading":"Release etc on change of status of correctional patient","content":"138 Release etc on change of status of correctional patient\n(a) the director-general is told by the corrections director-general or\nCYP director-general, or otherwise becomes aware, of any of\nthe following in relation to a person who is a correctional\npatient:\n(i) the person’s sentence of imprisonment ends;\n(ii) the person is released on parole;\n(iii) the person is otherwise released from detention on the\norder of a court;\n(iv) the relevant charge against the person is dismissed;\n(v) the director of public prosecutions notifies the ACAT or a\ncourt that the relevant charge against the person will not\nproceed; and\n(b) the person is not required to be detained under another court\nNote The corrections director-general and the CYP director-general must tell\nthe director-general of any change in a person’s status as a detainee or\nyoung detainee (see Corrections Management Act 2007, s 54A and\nChildren and Young People Act 2008, s 109A).\n(2) The director-general must—\n(a) at the person’s request, continue the treatment, care or support\nin the approved mental health facility; or\n(b) make any other decision that the director-general may make in\nrelation to the person under this Act; or\n(c) release the person from the approved mental health facility.\n\n","sortOrder":139},{"sectionNumber":"139","sectionType":"section","heading":"ACAT may return people to correctional centre or","content":"139 ACAT may return people to correctional centre or\ndetention place\n(1) This section applies to a correctional patient who has been transferred\nto an approved mental health facility.\n(2) The correctional patient may, at any time, apply to the ACAT to be\nreturned to a correctional centre or detention place.\n(3) On application, the ACAT—\n(a) must order the correctional patient be returned to a correctional\ncentre or detention place if satisfied that the patient does not\nhave a mental illness for which treatment, care or support is\navailable in the approved mental health facility; and\n(b) may order the correctional patient be returned to a correctional\ncentre or detention place if the ACAT considers it appropriate.\n(4) The ACAT may, at any time on its own initiative, order the\ncorrectional patient be returned to a correctional centre or detention\nplace if the ACAT considers it appropriate.\n\nReview of correctional patients Part 8.3\n","sortOrder":140},{"sectionNumber":"140","sectionType":"section","heading":"Review of correctional patient awaiting transfer to mental","content":"140 Review of correctional patient awaiting transfer to mental\n(1) This section applies to a correctional patient who has not been\ntransferred to an approved mental health facility under a transfer\ndirection.\n(2) The ACAT must review the transfer direction—\n(a) at the end of 1 month after the direction is made; and\n(b) at the end of each subsequent month until the person is\ntransferred to an approved mental health facility or the transfer\ndirection is revoked.\n(3) For each review, the chief psychiatrist must give the ACAT a report\nabout—\n(a) the person’s condition; and\n(b) the reasons for the delay in transferring the person to an\napproved mental health facility; and\n(c) the availability of an approved mental health facility with\ncapacity to accept the transfer and provide the treatment, care or\n(4) On review, the ACAT may, as it considers appropriate, make an order\nin relation to the detention or treatment, care or support of the person\nin an approved mental health facility.\n","sortOrder":141},{"sectionNumber":"141","sectionType":"section","heading":"Review of correctional patient transferred to mental","content":"141 Review of correctional patient transferred to mental\n(1) This section applies to a correctional patient who has been transferred\nto an approved mental health facility under a transfer direction.\n(2) The ACAT must review the transfer direction as soon as practicable\nafter the correctional patient has been transferred.\n\n(3) On review, the ACAT—\n(a) must determine—\n(i) whether the person has a mental illness for which\ntreatment, care or support is available in an approved\nmental health facility; and\n(ii) whether the approved mental health facility has capacity to\ncontinue the detention and treatment, care or support under\nthe transfer direction; and\n(iii) whether other treatment, care or support of an appropriate\nkind would not be reasonably available to the person in the\ncorrectional centre or detention place; and\n(b) may, as it considers appropriate, make an order in relation to the\nperson’s continued detention or treatment, care or support in an\napproved mental health facility.\n","sortOrder":142},{"sectionNumber":"142","sectionType":"section","heading":"Review of correctional patient detained at mental health","content":"142 Review of correctional patient detained at mental health\n(1) This section applies to a correctional patient transferred to an\napproved mental health facility under a transfer direction and\ndetained at the facility for at least 6 months.\n(2) The ACAT must review the transfer—\n(a) at the end of each 12-month period for which the correctional\npatient is detained at the approved mental health facility; and\n(b) at any other time on request by any of the following:\n(i) the Minister;\n(ii) the Attorney-General;\n(iii) the director-general;\n(iv) the corrections director-general;\n\nReview of correctional patients Part 8.3\n(v) the CYP director-general;\n(vi) the person in charge of the approved mental health facility\nat which the person is detained.\n(3) Also, the ACAT may, at any time on its own initiative, review the\ntransfer.\n(4) For a review, the chief psychiatrist must give the ACAT a report\nabout—\n(a) the person’s condition; and\n(b) the capacity of the approved mental health facility to continue,\nand the availability of any other approved mental health facility\nto accept a transfer for, the detention or treatment, care or\n(5) On review, the ACAT may, as it considers appropriate, make an order\nin relation to the person’s continued detention at, or treatment care or\nsupport in, an approved mental health facility.\n(6) The ACAT must tell the following, in writing, about a review under\nthis section:\n(a) the director-general;\n(b) the corrections director-general;\n(c) the CYP director-general.\n\n","sortOrder":143},{"sectionNumber":"142A","sectionType":"section","heading":"Definitions—pt 8.4","content":"142A Definitions—pt 8.4\nhealth director-general means the director-general responsible for\nthis chapter.\nrelevant director-general means—\n(a) for a correctional patient who is taken to be in the custody of the\ndirector-general under chapter 8A (Transfer of custody—secure\nmental health facility)—the health director-general; and\n(b) for any other correctional patient—\n(i) if the patient is a detainee—the corrections\n(ii) if the patient is a young detainee—the CYP\ndirector-general.\n","sortOrder":144},{"sectionNumber":"143","sectionType":"section","heading":"Grant of leave for correctional patients","content":"143 Grant of leave for correctional patients\n(1) The relevant director-general may grant a correctional patient a\nperiod of leave from an approved mental health facility if satisfied\n(a) there are special circumstances for granting the leave; and\nExample\nto attend a relative’s funeral\n(b) the safety of the correctional patient, someone else or the public\nwill not be seriously endangered.\n(2) Before granting leave, the relevant director-general must consult—\n(a) the chief psychiatrist; and\n\nLeave for correctional patients Part 8.4\n(b) if the relevant director-general is the health director-general—\nthe corrections director-general or the CYP director-general.\n(3) The grant of leave must state—\n(4) The grant of leave may be subject to conditions, including in relation\nto any of the following:\n(i) any other condition the director-general considers appropriate in\nthe circumstances taking into account the safety of the person,\n\n","sortOrder":145},{"sectionNumber":"144","sectionType":"section","heading":"Revocation of leave for correctional patients","content":"144 Revocation of leave for correctional patients\n(1) The relevant director-general may revoke a grant of leave in relation\nto a correctional patient if—\n(a) the patient contravenes a condition of the grant; or\n(b) the chief psychiatrist considers it is necessary to revoke the grant\nbecause the patient—\n(iii) seriously endangers, or is likely to seriously endanger,\npublic safety.\n(2) Before revoking a grant of leave under subsection (1), the relevant\ndirector-general must consult—\n(a) the chief psychiatrist; and\n(b) if the relevant director-general is the health director-general—\nthe corrections director-general or the CYP director-general.\n(3) If a person’s leave is revoked under this section, a police officer,\napprehend the person and take the person to an approved mental\nhealth facility.\n\nLeave for correctional patients Part 8.4\n(4) If a person is detained under subsection (3), the person in charge of\nthe approved mental health facility must, within 12 hours after the\ndetention starts, give written notice to the ACAT and the public\nadvocate of—\n(c) the name and address of the approved mental health facility\nwhere the person is detained.\n\n","sortOrder":146},{"sectionNumber":"Part 8A","sectionType":"part","heading":"Transfer of custody—secure","content":"Chapter 8A Transfer of custody—secure\nmental health facility\n","sortOrder":147},{"sectionNumber":"144A","sectionType":"section","heading":"Transfer of custody if person admitted to secure mental","content":"144A Transfer of custody if person admitted to secure mental\n(1) A person is taken to be in the custody of the director-general if the\nperson is admitted to a secure mental health facility under—\n(a) the Children and Young People Act 2008, section 109 (Transfers\nto health facilities); or\n(b) the Corrections Management Act 2007, section 54 (Transfers to\nhealth facilities); or\n(c) part 8.2 (Transfer of correctional patients).\nNote See also the Children and Young People Act 2008, s 245 and the\nCorrections Management Act 2007, s 217.\n(2) However, a person admitted to a secure mental health facility is taken\nto be in the custody of the director-general only until the person is\ndischarged from the facility.\n(3) If custody of a person is transferred to the director-general, the\ndirector-general must—\n(a) immediately give written notice of the transfer of custody to—\n(b) as soon as practicable give written notice of the transfer of\ncustody to the following:\n(i) the ACAT;\n(ii) the public advocate;\n\n(iii) the person;\n(iv) if the person has a nominated person—the nominated\nPeople Act 2008, division 1.3.2 (Parental responsibility).\n(4) The director-general must, as soon as practicable, give written notice\nof an intention to discharge a person from a secure mental health\nfacility to the following people:\n(a) if the person is a detainee—the corrections director-general;\n(b) if the person is a young detainee—the CYP director-general.\n(5) A person who takes a detainee or young detainee to a secure mental\nhealth facility must give the director-general a written statement\ncontaining any of the following relevant information:\n(a) the nature and extent of any force, restraint, involuntary\nseclusion or forcible giving of medication used when, or in\nrelation to, taking the person to the facility;\n(b) anything else that happened when, or in relation to, taking the\nperson to the facility that may have an effect on the person’s\nphysical or mental health.\nExamples—par (b)\n1 the person was subject to threat of violence from another person\n(6) The director-general must—\n(b) keep a register of any restraint, involuntary seclusion or forcible\ngiving of medication included in the statement; and\n\n(c) tell the public advocate, in writing, of any restraint, involuntary\nstatement.\nadmitted to a secure mental health facility includes transferred to the\nExample\nA person is transferred to a secure mental health facility from another unit at the\nCanberra Hospital.\n","sortOrder":148},{"sectionNumber":"144B","sectionType":"section","heading":"Taking person to appear before court","content":"144B Taking person to appear before court\n(1) This section applies if a person taken to be in the custody of the\ndirector-general is required to appear before a court.\n(2) The corrections director-general or the CYP director-general must tell\nthe director-general about the requirement as soon as practicable after\nbecoming aware of it.\n(3) When the person is transferred from a secure mental health facility\nfor the purpose of attending court, the person is taken to be in the\ncustody of—\n(a) if the person is a detainee—the corrections director-general; and\n(b) if the person is a young detainee—the CYP director-general.\n(4) When the person is returned to the secure mental health facility, the\nperson is taken to be in the custody of the director-general.\n(5) In this section:\ncourt includes the integrity commission.\n\n","sortOrder":149},{"sectionNumber":"144C","sectionType":"section","heading":"Release etc on change of status of person","content":"144C Release etc on change of status of person\n(a) the director-general is told by the corrections director-general,\nthe CYP director-general or otherwise becomes aware of any of\nthe following in relation to a person who is taken to be in the\ndirector-general’s custody:\n(i) the person’s sentence of imprisonment ends;\n(ii) the person is released on parole;\n(iii) the person is otherwise released on the order of a court;\n(iv) the relevant charge against the person is dismissed;\n(v) the director of public prosecutions notifies the ACAT or a\ncourt that the relevant charge against the person will not\nproceed; and\n(b) the person is not required to be detained under another court\n(2) The director-general must—\n(a) at the person’s request, continue the treatment, care or support\nin an approved mental health facility; or\n(b) if the person is a child who does not have decision-making\ncapacity to make the request—at the request of a person with\nparental responsibility for the person under the Children and\nYoung People Act 2008, division 1.3.2 (Parental responsibility),\ncontinue the treatment, care or support in an approved mental\nhealth facility; or\n\n(c) make any other decision that the director-general may make in\nrelation to the person under this Act; or\n(d) release the person from the secure mental health facility.\n(3) The director-general must give written notice of a decision made\nunder subsection (2) to the following:\n(a) the ACAT;\n(c) the person;\n(e) if the person is a child—each person with parental responsibility\n(f) if the person has a guardian under the Guardianship and\nACAT;\n(g) if the person has an attorney under the Powers of Attorney\nAct 2006—the attorney.\n","sortOrder":150},{"sectionNumber":"144D","sectionType":"section","heading":"Power to apprehend if person escapes from secure","content":"144D Power to apprehend if person escapes from secure\nmental health facility\n(1) This section applies if a person taken to be in the custody of the\ndirector-general escapes from a secure mental health facility.\n(2) The person in charge of the secure mental health facility must\nimmediately tell the police that the person has escaped.\n\n(3) The person in charge of the secure mental health facility must also\ngive written notice of the person escaping to the following:\n(a) the ACAT;\n(d) if the person is a child—each person with parental responsibility\n(e) if the person is a young detainee—the CYP director-general;\n(f) if the person is a detainee—the corrections director-general;\n(g) if there is a registered affected person in relation to the person—\nthe director-general responsible for the ACT Civil and\nAdministrative Tribunal Act 2008.\n(4) A police officer, authorised ambulance paramedic, mental health\nofficer or doctor may apprehend the person and return the person to\nthe secure mental health facility.\n(5) A police officer, authorised ambulance paramedic, mental health\nofficer or doctor who apprehends and returns the person to a secure\nmental health facility must give the director-general a written\nstatement containing any of the following relevant information:\n(a) the nature and extent of the force or assistance used to enter any\npremises, or to apprehend the person and take the person to the\n(b) the nature and extent of any restraint, involuntary seclusion or\nforcible giving of medication used when apprehending the\nperson or taking the person to the facility;\n\n(c) anything else that happened when the person was being\napprehended and taken to the facility that may have an effect on\nthe person’s physical or mental health.\nExamples—par (c)\n1 the person was subject to threat of violence from another person\n(6) The director-general must—\n(b) keep a register of any restraint, involuntary seclusion or forcible\ngiving of medication included in the statement; and\n(c) tell the public advocate, in writing, of any restraint, involuntary\nstatement.\n","sortOrder":151},{"sectionNumber":"144E","sectionType":"section","heading":"Transfers to health facilities","content":"144E Transfers to health facilities\n(1) The director-general may direct that a person taken to be in the\ndirector-general’s custody be transferred to a health facility if the\ndirector-general believes on reasonable grounds that it is necessary or\nprudent for the person to receive health services at the facility.\n(2) The director-general must, if practicable, have regard to the advice of\nthe person’s treating doctor when considering whether to make a\ndirection under subsection (1).\n(3) The director-general may direct an escort officer to escort the person\nto or from the health facility, or while at the facility.\n(4) The person may be discharged from the health facility only if—\n(a) the health practitioner in charge of the person’s care approves\nthe discharge; or\n\n(b) the director-general directs that the person be removed from the\nExample—par (b)\nwhere the person is a danger to the safety of people at the facility\n(5) The director-general must have regard to the health of the person\nwhen considering whether to make a direction under subsection (4).\n(6) The director-general may give a direction for ensuring that a person\ndischarged from a health facility under subsection (4) is returned to\nthe secure mental health facility.\nescort officer—see section 144F (Escort officers).\nhealth facility means a hospital or other facility where health services\nare provided.\n","sortOrder":152},{"sectionNumber":"144F","sectionType":"section","heading":"Escort officers","content":"144F Escort officers\n(1) The director-general may direct an escort officer to escort a person\nwho is taken to be in the director-general’s custody to or from a secure\nmental health facility, other than to or from a court.\nNote For transfers to or from a court, see s 144B.\n(2) To remove any doubt—\n(a) the escort officer is authorised to have custody of the person for\nthe purposes of escorting the person; and\n(b) the person is also taken to be in the custody of the\n(c) this section is additional to, and does not limit, any other\nprovision relating to the escorting of a person under a territory\nlaw or a law of the Commonwealth, a State or another territory.\n\nescort officer, in relation to a person, means—\n(a) an authorised health practitioner under the Mental Health\n(Secure Facilities) Act 2016; or\n(b) an authorised person under the Mental Health (Secure\nFacilities) Act 2016; or\n(c) a police officer; or\n(d) a corrections officer if the corrections director-general has\nagreed to the officer having the function of escorting the person\nunder this chapter; or\n(e) a youth detention officer if the CYP director-general has agreed\nto the officer having the function of escorting the person under\nthis chapter.\nyouth detention officer—see the Children and Young People\nAct 2008, section 96.\n","sortOrder":153},{"sectionNumber":"144G","sectionType":"section","heading":"Crimes Act escape provisions","content":"144G Crimes Act escape provisions\nA person who is taken to be in the custody of the director-general\nunder this chapter is taken, for the Crimes Act 1900, part 7 (Escape\nprovisions), to be in lawful custody in relation to an offence.\n\nPreliminary—ch 9 Part 9.1\n","sortOrder":154},{"sectionNumber":"Part 9","sectionType":"part","heading":"Electroconvulsive therapy and","content":"Chapter 9 Electroconvulsive therapy and\npsychiatric surgery\n","sortOrder":155},{"sectionNumber":"145","sectionType":"section","heading":"Definitions","content":"145 Definitions\n(1) In this Act:\nelectroconvulsive therapy means a procedure for the induction of an\nepileptiform convulsion in a person.\nelectroconvulsive therapy order means an order under section 157\nfor the administration of electroconvulsive therapy to a person.\nemergency electroconvulsive therapy order means an order under\nsection 162 for the emergency administration of electroconvulsive\ntherapy to a person.\npsychiatric surgery means specialised neurosurgery for psychiatric\nconditions.\nneurosurgery means surgery on the brain of a person for the purpose\nof treating a pathological condition of the physical structure of the\nbrain.\n","sortOrder":156},{"sectionNumber":"146","sectionType":"section","heading":"Form of consent","content":"146 Form of consent\n(1) For this chapter, consent to a procedure (other than consent given in\nan advance consent direction) must be given in writing signed by the\nperson giving the consent and witnessed by a person other than—\n(a) the person seeking to obtain the consent; or\n(b) the doctor who is proposing to conduct the procedure.\nNote For requirements for the form of advance consent for electroconvulsive\ntherapy, see s 27 (4) (Making advance consent direction).\n\nprocedure means—\n(a) the administration of electroconvulsive therapy; or\n(b) the performance of psychiatric surgery.\n\nAdministration of electroconvulsive therapy Division 9.2.1\n","sortOrder":157},{"sectionNumber":"Div 9","sectionType":"division","heading":"2.1 Administration of electroconvulsive","content":"Division 9.2.1 Administration of electroconvulsive\ntherapy\n","sortOrder":158},{"sectionNumber":"147","sectionType":"section","heading":"When electroconvulsive therapy may be administered","content":"147 When electroconvulsive therapy may be administered\n(1) Electroconvulsive therapy may be administered to an adult only as\nprovided under section 148 and section 149.\n(2) Electroconvulsive therapy may be administered to a person who is at\nleast 12 years old but under 18 years old only as provided under\nsection 150 and section 151.\n(3) Electroconvulsive therapy must not be administered to a person who\nis under 12 years old.\n","sortOrder":159},{"sectionNumber":"148","sectionType":"section","heading":"Adult with decision-making capacity","content":"148 Adult with decision-making capacity\n(b) has decision-making capacity to consent to the administration of\nelectroconvulsive therapy.\n(2) Electroconvulsive therapy may be administered to the person if the\n(a) has given consent to the administration of electroconvulsive\ntherapy; and\n(b) has not withdrawn the consent, either orally or in writing; and\n\n(c) has not had electroconvulsive therapy administered—\n(i) 9 or more times since the consent was given; or\n(ii) if the consent was to the administration of\nelectroconvulsive therapy a stated number of times less\nthan 9—that number of times.\n","sortOrder":160},{"sectionNumber":"149","sectionType":"section","heading":"Adult without decision-making capacity","content":"149 Adult without decision-making capacity\n(b) does not have decision-making capacity to consent to the\nadministration of electroconvulsive therapy.\n(a) the person has an advance consent direction consenting to\nelectroconvulsive therapy; and\n(b) it is administered in accordance with the direction; and\n(c) the person does not refuse or resist.\n(3) Also, electroconvulsive therapy may be administered to the person\nif—\n(a) it is administered in accordance with an electroconvulsive\ntherapy order or an emergency electroconvulsive therapy order\nin force in relation to the person; and\n(i) the person does not refuse or resist; or\n(ii) a psychiatric treatment order or a forensic psychiatric\ntreatment order is also in force in relation to the person.\n\nAdministration of electroconvulsive therapy Division 9.2.1\n","sortOrder":161},{"sectionNumber":"150","sectionType":"section","heading":"Young person with decision-making capacity","content":"150 Young person with decision-making capacity\n(a) is at least 12 years old but under 18 years old; and\n(b) has decision-making capacity to consent to the administration of\nelectroconvulsive therapy.\n(a) it is administered in accordance with—\n(i) for a 12 to 15 year old—an electroconvulsive therapy order\nin force in relation to the person; or\n(ii) for a 16 or 17 year old—an electroconvulsive therapy order\nor an emergency electroconvulsive therapy order in force\nin relation to the person; and\n(b) the person has given consent to the administration of\nelectroconvulsive therapy; and\n(c) the person has not withdrawn the consent, either orally or in\nwriting.\n","sortOrder":162},{"sectionNumber":"151","sectionType":"section","heading":"Young person without decision-making capacity","content":"151 Young person without decision-making capacity\n(a) is at least 12 years old but under 18 years old; and\n(b) does not have decision-making capacity to consent to the\nadministration of electroconvulsive therapy.\n\n(a) it is administered in accordance with—\n(i) for a 12 to 15 year old—an electroconvulsive therapy order\nin force in relation to the person; or\n(ii) for a 16 or 17 year old—an electroconvulsive therapy order\nor an emergency electroconvulsive therapy order in force\nin relation to the person; and\n(i) the person does not refuse or resist; or\n(ii) a psychiatric treatment order or a forensic psychiatric\ntreatment order is also in force in relation to the person.\n","sortOrder":163},{"sectionNumber":"152","sectionType":"section","heading":"Offence—unauthorised administration of","content":"152 Offence—unauthorised administration of\nelectroconvulsive therapy\n(1) A person commits an offence if—\n(a) the person administers electroconvulsive therapy to a person;\nand\n(b) the person is not a doctor.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) A doctor commits an offence if—\n(a) the doctor administers electroconvulsive therapy to a person;\nand\n(b) the electroconvulsive therapy may not be administered to the\nperson under this division.\n\nElectroconvulsive therapy orders Division 9.2.2\n","sortOrder":164},{"sectionNumber":"153","sectionType":"section","heading":"Application for electroconvulsive therapy order","content":"153 Application for electroconvulsive therapy order\n(1) This section applies if the chief psychiatrist or a doctor believes on\nreasonable grounds that the ACAT could reasonably make an\nelectroconvulsive therapy order in relation to a person.\n(2) The chief psychiatrist or doctor may apply to the ACAT for an\nelectroconvulsive therapy order in relation to the person.\n(3) If the person is under 18 years old—\n(a) the application must be supported by the evidence of another\ndoctor; and\n(b) the applicant or the other doctor (or both) must be a child and\nadolescent psychiatrist.\nNote A psychiatric treatment order or forensic psychiatric treatment order is\nalso needed if electroconvulsive therapy is to be administered to the\nperson and the person refuses or resists (see s 149 (3) (b) (i) and\ns 151 (2) (b) (i)).\nchild and adolescent psychiatrist means a psychiatrist who is a\nmember of the Faculty of Child and Adolescent Psychiatry of the\nRoyal Australian and New Zealand College of Psychiatrists.\n","sortOrder":165},{"sectionNumber":"154","sectionType":"section","heading":"Consultation by ACAT—electroconvulsive therapy order","content":"154 Consultation by ACAT—electroconvulsive therapy order\nBefore making an electroconvulsive therapy order in relation to a\nperson who is not subject to a mental health order, the ACAT must,\nas far as practicable, consult—\n(a) if the person is under 18 years old—each person with parental\nresponsibility for the person under the Children and Young\nPeople Act 2008, division 1.3.2 (Parental responsibility); and\n\nand\n","sortOrder":166},{"sectionNumber":"155","sectionType":"section","heading":"ACAT must hold hearing—electroconvulsive therapy","content":"155 ACAT must hold hearing—electroconvulsive therapy\nBefore making an electroconvulsive therapy order in relation to a\nperson, the ACAT must hold a hearing into the matter.\n","sortOrder":167},{"sectionNumber":"156","sectionType":"section","heading":"What ACAT must take into account—electroconvulsive","content":"156 What ACAT must take into account—electroconvulsive\ntherapy order\nIn making an electroconvulsive therapy order in relation to a person,\nthe ACAT must take into account the following:\n(a) whether the person consents, refuses to consent or has the\ndecision-making capacity to consent to the electroconvulsive\ntherapy;\n(b) the views and wishes of the person, so far as they can be found\n(c) the views of the people responsible for the day-to-day care of\n(d) the views of the people appearing at the proceeding;\n\nElectroconvulsive therapy orders Division 9.2.2\n(e) the views of the people consulted under section 154\n(Consultation by ACAT—electroconvulsive therapy order);\n(f) any alternative treatment, care or support reasonably available,\nincluding—\n(g) any relevant medical history of the person.\n","sortOrder":168},{"sectionNumber":"157","sectionType":"section","heading":"Making of electroconvulsive therapy order","content":"157 Making of electroconvulsive therapy order\n(1) On application under section 153, the ACAT may make an\nelectroconvulsive therapy order in relation to a person who is at least\n12 years old if satisfied that—\n(b) the person does not have decision-making capacity to consent to\nthe administration of electroconvulsive therapy; and\n(c) the person does not have an advance consent direction refusing\nconsent to electroconvulsive therapy; and\n(d) the administration of electroconvulsive therapy is likely to result\nin substantial benefit to the person; and\n(e) either—\n\n(2) Also on application under section 153, the ACAT may make an\nelectroconvulsive therapy order in relation to a person who is at least\n12 years old but under 18 years old if satisfied that—\n(b) the person has decision-making capacity to consent to the\nadministration of electroconvulsive therapy; and\n(c) the person consents to the administration of electroconvulsive\ntherapy; and\n(d) the administration of electroconvulsive therapy is likely to result\nin substantial benefit to the person.\n(3) The ACAT must, as soon as practicable after making an\nelectroconvulsive therapy order under this section, give a copy of the\norder to the following:\n(a) the person in relation to whom the order is made;\n(b) the person who applied for the order;\n(c) the people consulted under section 154 (Consultation by\nACAT—electroconvulsive therapy order).\n","sortOrder":169},{"sectionNumber":"158","sectionType":"section","heading":"Content of electroconvulsive therapy order","content":"158 Content of electroconvulsive therapy order\n(1) An electroconvulsive therapy order made in relation to a person must\nstate—\n(a) the matters under section 157 (1) or (2) of which the ACAT is\nsatisfied in relation to the person; and\n(b) the maximum number of times electroconvulsive therapy may\nbe administered to the person under the order.\nNote The ACAT must give a copy of the order to certain people (see s 195).\n\nEmergency electroconvulsive therapy orders Division 9.2.3\n(2) For subsection (1) (b), the maximum number must be—\n(a) if the person has an advance consent direction that includes\nadvance consent for electroconvulsive therapy—not more than\nthe maximum number of times stated in the direction; and\n(b) in any other case—not more than 9.\n","sortOrder":170},{"sectionNumber":"159","sectionType":"section","heading":"Person to be told about electroconvulsive therapy order","content":"159 Person to be told about electroconvulsive therapy order\n(1) This section applies if electroconvulsive therapy is to be administered\nto a person at a mental health facility under an electroconvulsive\ntherapy order.\n(2) The person in charge of the facility must ensure that the person is told\nabout the order, and the procedures authorised under the order, before\nthe therapy is administered and in a language and way of\ncommunicating that the person is most likely to understand.\n(3) This section applies even if the person was present when the order\nwas made.\nDivision 9.2.3 Emergency electroconvulsive therapy\n","sortOrder":171},{"sectionNumber":"160","sectionType":"section","heading":"Application for emergency electroconvulsive therapy","content":"160 Application for emergency electroconvulsive therapy\n(1) This section applies if the chief psychiatrist and a doctor believe on\nreasonable grounds that the ACAT could reasonably make an\nemergency electroconvulsive therapy order in relation to a person.\n(2) The chief psychiatrist and doctor may jointly apply to the ACAT for\nan emergency electroconvulsive therapy order in relation to the\n\n(3) The application must be accompanied by an application for an\nelectroconvulsive therapy order in relation to the person.\nNote 1 The ACAT must give a copy of the application to the following people\nas soon as practicable (and not longer than 24 hours) after the application\nis lodged:\n• the public advocate\n• if the person is a child—the CYP director-general (see s 187).\nNote 2 Certain people are entitled to appear and give evidence, and be\nrepresented, at the proceeding, including the following:\n• the person who is the subject of the proceeding\n• the public advocate\n• the discrimination commissioner.\nOther people are also entitled to appear (see s 190).\nNote 3 A psychiatric treatment order or forensic psychiatric treatment order is\nalso needed if electroconvulsive therapy is to be administered to the\nperson and the person refuses or resists (see s 149 (3) (b) and\ns 151 (2) (b)).\n","sortOrder":172},{"sectionNumber":"161","sectionType":"section","heading":"What ACAT must take into account—emergency","content":"161 What ACAT must take into account—emergency\nelectroconvulsive therapy order\nIn making an emergency electroconvulsive therapy order in relation\nto a person, the ACAT must take into account the following:\n(a) the views and wishes of the person, so far as they can be found\n(b) the views of the people appearing at the proceeding;\n\nEmergency electroconvulsive therapy orders Division 9.2.3\n(c) the views of the following, so far as those views are made known\nto the ACAT:\n(i) the people responsible for the day-to-day care of the\n(ii) if the person is under 18 years old—each person with\nparental responsibility for the person under the Children\nand Young People Act 2008, division 1.3.2 (Parental\nresponsibility);\nsupport of the person—the health attorney.\nNote Section 188 (Notice of hearing) does not apply in relation to the making\nof an emergency electroconvulsive therapy order (see s 188 (3)).\n","sortOrder":173},{"sectionNumber":"162","sectionType":"section","heading":"Making of emergency electroconvulsive therapy order","content":"162 Making of emergency electroconvulsive therapy order\n(1) On application under section 160, the ACAT may make an\nemergency electroconvulsive therapy order in relation to a person\nwho is at least 16 years old if satisfied that—\n(b) the person does not have decision-making capacity to consent to\nthe administration of electroconvulsive therapy; and\n(c) the person does not have an advance consent direction refusing\nconsent to electroconvulsive therapy; and\n\n(d) the administration of the electroconvulsive therapy is necessary\nto—\n(i) save the person’s life; or\n(ii) prevent the likely onset of a risk to the person’s life within\n3 days; and\n(e) either—\n(2) Also on application under section 160, the ACAT may make an\nemergency electroconvulsive therapy order in relation to a person\nwho is at least 16 years old if the ACAT is satisfied that—\n(b) the person has decision-making capacity to consent to the\nadministration of electroconvulsive therapy and consents to the\nadministration of electroconvulsive therapy; and\n(c) the administration of the electroconvulsive therapy is necessary\nto—\n(i) save the person’s life; or\n(ii) prevent the likely onset of a risk to the person’s life within\n3 days; and\n(d) either—\n\nRecords of electroconvulsive therapy Division 9.2.4\n","sortOrder":174},{"sectionNumber":"163","sectionType":"section","heading":"Content of an emergency electroconvulsive therapy order","content":"163 Content of an emergency electroconvulsive therapy order\nAn emergency electroconvulsive therapy order made in relation to a\nperson must state that—\n(a) electroconvulsive therapy may be administered to the person a\nstated number of times (not more than 3); and\n(b) the order expires a stated number of days (not more than 7) after\nit is made.\nNote The ACAT must give a copy of the order to certain people within\n24 hours (see s 195).\n","sortOrder":175},{"sectionNumber":"164","sectionType":"section","heading":"Effect of later order","content":"164 Effect of later order\nIf an emergency electroconvulsive therapy order is in force in relation\nto a person and the ACAT makes an electroconvulsive therapy order\nin relation to the person, the emergency electroconvulsive therapy\norder ceases to be in force.\n","sortOrder":176},{"sectionNumber":"165","sectionType":"section","heading":"Doctor must record electroconvulsive therapy","content":"165 Doctor must record electroconvulsive therapy\n(1) If a doctor administers electroconvulsive therapy to a person, the\ndoctor must make a record of the administration, including whether\nthe administration—\n(a) was in accordance with an order of the ACAT; and\n(b) was with the person’s consent.\n(2) The doctor must give the record to the person in charge of the\npsychiatric facility where the therapy was administered.\n(3) A doctor commits an offence if the doctor fails to comply with\nsubsection (1) or (2).\n\n","sortOrder":177},{"sectionNumber":"166","sectionType":"section","heading":"Electroconvulsive therapy records to be kept for 5 years","content":"166 Electroconvulsive therapy records to be kept for 5 years\nThe person in charge of a psychiatric facility must keep a record of\nelectroconvulsive therapy given under section 165 (2) for at least\n5 years after the day the record is given.\n\n","sortOrder":178},{"sectionNumber":"167","sectionType":"section","heading":"Performance on people subject to orders of ACAT","content":"167 Performance on people subject to orders of ACAT\nPsychiatric surgery may be performed on a person under this part\ndespite any order of the ACAT in force in relation to the person.\n","sortOrder":179},{"sectionNumber":"168","sectionType":"section","heading":"Psychiatric surgery not to be performed without approval","content":"168 Psychiatric surgery not to be performed without approval\nor if person refuses\nA doctor commits an offence if—\n(a) the doctor performs psychiatric surgery on a person; and\n(b) the doctor—\n(i) does not have the chief psychiatrist’s approval for\nperformance of the surgery; or\n(ii) has been told under section 174 that the person refuses to\nhave the surgery performed.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n","sortOrder":180},{"sectionNumber":"169","sectionType":"section","heading":"Application for approval","content":"169 Application for approval\n(1) A doctor may apply to the chief psychiatrist for approval for a stated\nneurosurgeon to perform psychiatric surgery on a person.\n(2) The doctor who makes the application must be a psychiatrist.\n(3) The application must be in writing and be accompanied by—\n(a) a copy of the consent of the person; or\n(b) if the consent is in an advance consent direction—a copy of the\nadvance consent direction; or\n(c) a copy of an order of the Supreme Court under section 173.\n\n(4) The doctor must, as soon as practicable after giving the application to\nthe chief psychiatrist, give a copy of the application to the person on\nwhom the surgery is proposed to be performed.\n","sortOrder":181},{"sectionNumber":"170","sectionType":"section","heading":"Application to be considered by committee","content":"170 Application to be considered by committee\n(1) The chief psychiatrist must, as soon as practicable after receiving an\napplication under section 169, give a copy of the application to the\nchairperson of the committee appointed under section 175.\n(2) The chairperson must as soon as practicable after receiving the\napplication—\n(a) tell the following people, in writing, of the application:\n(i) the person on whom the surgery is proposed to be\nperformed (the subject person);\n(ii) if the subject person is a child—each person with parental\n(iii) if the subject person has a guardian under the Guardianship\nand Management of Property Act 1991—the guardian;\n(iv) if the subject person has an attorney under the Powers of\n(v) if the subject person has a nominated person—the\nnominated person;\nsupport of the subject person—the health attorney; and\n(b) convene a meeting of the committee to consider the application;\nand\n\n(c) give a written report to the chief psychiatrist that includes the\n(i) the committee’s recommendation about whether or not the\nchief psychiatrist should approve the performance of the\npsychiatric surgery;\n(ii) if the committee recommends approval for the surgery—\n(A) the conditions (if any) to which the approval should\nbe subject; and\n(B) a statement that the committee is satisfied that the\nneurosurgeon has the necessary qualifications and\nexperience to perform the surgery;\n(iii) the committee’s reasons for making the recommendations\nin the report.\n(3) The committee must—\n(a) ensure that the people told of the application under\nsubsection (2) (a) are given an opportunity to make an oral or\nwritten submission to the committee; and\n(b) consider any submissions received.\n(4) The committee must not recommend that the chief psychiatrist\napprove the performance of psychiatric surgery unless—\n(a) the committee believes on reasonable grounds that—\n(i) the surgery will result in substantial benefit to the subject\n(ii) all alternative forms of treatment reasonably available have\nfailed, or are likely to fail, to benefit the subject person;\nand\n(b) the recommendation is supported by the psychiatrist and the\nneurosurgeon on the committee.\n\n(5) The chief psychiatrist must ensure that a copy of the committee’s\nreport is placed on the subject person’s record.\n","sortOrder":182},{"sectionNumber":"171","sectionType":"section","heading":"Requirement for further information","content":"171 Requirement for further information\n(1) On request by the committee considering an application, the chief\npsychiatrist must, by written notice given to the doctor who made the\napplication, require the doctor to give the chief psychiatrist further\nstated information or documents relevant to the application.\n(2) The committee need not consider the application further until the\nrequired information or documents are given to the chief psychiatrist.\n(3) The chief psychiatrist must give the chairperson of the committee any\ninformation or documents given to the chief psychiatrist in\ncompliance with a requirement under subsection (1).\n","sortOrder":183},{"sectionNumber":"172","sectionType":"section","heading":"Application to be decided in accordance with","content":"172 Application to be decided in accordance with\ncommittee’s recommendation\nThe chief psychiatrist must decide an application under section 169\nin accordance with the committee’s recommendation.\n","sortOrder":184},{"sectionNumber":"173","sectionType":"section","heading":"Consent of Supreme Court","content":"173 Consent of Supreme Court\n(1) This section applies if a doctor proposes that psychiatric surgery be\nperformed on a person but the person does not have decision-making\ncapacity to consent or an advance consent direction consenting to the\nsurgery.\n(2) The doctor and the neurosurgeon who is to perform the surgery may\njointly apply to the Supreme Court for an order consenting to the\nperformance of psychiatric surgery on the person.\nNote The order is needed for an application for the chief psychiatrist’s approval\nfor performance of the surgery (see s 169 (3) (c)).\n\n(3) The Supreme Court may make the order only if satisfied on\nreasonable grounds that—\n(b) the person—\n(i) does not have decision-making capacity to consent to the\nsurgery; and\n(ii) does not have an advance consent direction consenting to\nthe surgery; and\n(iii) has not refused to consent to the surgery (in an advance\nconsent direction or otherwise); and\n(c) there are grounds for believing that the performance of the\nsurgery is likely to result in substantial benefit to the person; and\n(d) all alternative forms of treatment reasonably available have\nfailed, or are likely to fail, to benefit the person.\n","sortOrder":185},{"sectionNumber":"174","sectionType":"section","heading":"Refusal of psychiatric surgery","content":"174 Refusal of psychiatric surgery\n(1) This section applies in relation to a person—\n(a) who has given consent to the performance of psychiatric\nsurgery; or\n(b) in relation to whom the Supreme Court has made an order\nconsenting to the performance of psychiatric surgery under\nsection 173.\n(2) The person may, before the psychiatric surgery is performed, tell the\nchief psychiatrist or anyone else, orally or in writing or by indicating\nin any other way, that the person refuses to have the surgery\nperformed.\n\n(3) A person (other than the chief psychiatrist) who is told under\nsubsection (2) that the person refuses to have psychiatric surgery\nperformed must tell the chief psychiatrist of the refusal.\n(4) If the chief psychiatrist has approved the performance of psychiatric\nsurgery on a person under section 172 and is told under this section\nthat the person refuses to have the surgery, the chief psychiatrist\n(a) immediately tell the doctor who is to perform the surgery of the\nrefusal; and\n(b) ensure that written documentation of the refusal is placed on the\n(5) If the chief psychiatrist is told under this section that a person refuses\nto have psychiatric surgery performed—\n(a) any consent to the performance of the surgery given by the\nperson, or any order made by the Supreme Court under\nsection 173 in relation to the person, ceases to have effect; and\n(b) if, immediately before the date of the refusal, an application for\nthe approval of the performance of the surgery has been made\nbut has not been decided, the application is taken to have been\nwithdrawn on that date; and\n(c) any approval given by the chief psychiatrist for the performance\nof the surgery ceases to have effect.\n\n","sortOrder":186},{"sectionNumber":"175","sectionType":"section","heading":"Appointment of committee","content":"175 Appointment of committee\n(1) For section 170, the Minister must appoint a committee consisting\nof—\n(a) a psychiatrist; and\n(b) a neurosurgeon; and\n(c) a lawyer; and\n(d) a clinical psychologist; and\n(e) a social worker.\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The Minister must appoint a member of a committee to be the\nchairperson of the committee.\n(3) The chairperson of the committee must convene meetings of the\ncommittee.\n(4) Subject to section 170 (4) (b), a question arising at a meeting of a\ncommittee must be decided in accordance with the opinion of a\nmajority of members of the committee.\n(5) A member of a committee must be paid the remuneration and\nallowances (if any) prescribed by regulation.\n\nAct\n","sortOrder":187},{"sectionNumber":"Part 10","sectionType":"part","heading":"Referrals by courts under","content":"Chapter 10 Referrals by courts under\nCrimes Act and Children and\nYoung People Act\n","sortOrder":188},{"sectionNumber":"176","sectionType":"section","heading":"Review of certain people found unfit to plead","content":"176 Review of certain people found unfit to plead\n(a) the Supreme Court or the Magistrates Court makes a decision\nunder the Crimes Act, section 315A (3) or section 315D (7) that\na person is unfit to plead to a charge; and\n(b) the charge is for an offence punishable by imprisonment for\n5 years or longer; and\n(c) an order is made in relation to the charge under any of the\nfollowing provisions of the Crimes Act:\n• section 318 (2) (Non-acquittal at special hearing—non-\nserious offence);\n• section 319 (2) or (3) (Non-acquittal at special hearing—\nserious offence);\n• section 335 (2), (3) or (4) (Fitness to plead—Magistrates\nCourt).\n(2) The ACAT may (on application or on its own initiative) review the\nperson’s fitness to plead at any time.\n(3) However, the ACAT must review the person’s fitness to plead—\n(a) as soon as practicable (but within 3 months) after the end of\n12 months after the day the order is made; and\n(b) at least once every 12 months after each review.\n(4) Subsection (3) does not apply if—\n(a) the person has already been found fit to plead; or\n\nAct\n(b) the director of public prosecutions has told the ACAT, in\nwriting, of the director’s intention not to take further\nproceedings against the person in relation to the offence.\n(5) On a review, the ACAT must decide on the balance of probabilities\nwhether the person is unfit to plead.\n(6) The ACAT must decide that the person is unfit to plead if satisfied\nthat the person’s mental processes are disordered or impaired to the\nextent that the person cannot—\n(a) understand the nature of the charge; or\n(b) enter a plea to the charge and exercise the right to challenge\njurors or the jury; or\n(c) understand that the proceeding is an inquiry about whether the\nperson committed the offence; or\n(d) follow the course of the proceeding; or\n(e) understand the substantial effect of any evidence that may be\ngiven in support of the prosecution; or\n(f) give instructions to the person’s lawyer.\n(7) The person is not unfit to plead only because the person is suffering\nfrom memory loss.\n(8) To remove any doubt, this section applies even if the person is no\nlonger in custody or under a mental health order or forensic mental\nhealth order.\nNote A person who is the subject of a proceeding may be subpoenaed to appear\nat the proceeding (see ACT Civil and Administrative Tribunal Act 2008,\ns 41).\n\nAct\n","sortOrder":189},{"sectionNumber":"177","sectionType":"section","heading":"Recommendations about people with mental impairment","content":"177 Recommendations about people with mental impairment\n(a) the Supreme Court makes an order under the Crimes Act,\ndivision 13.3 requiring a person to submit to the jurisdiction of\nthe ACAT to enable the ACAT to make recommendations to the\ncourt about how the person should be dealt with; or\n(b) a court makes an order under the Crimes Act, division 13.5\n(Referring people with mental impairment to ACAT after\nconviction) or division 13.6 (Summary proceedings against\nmentally impaired people), requiring a person to submit to the\njurisdiction of the ACAT to enable the ACAT—\n(i) to determine whether the person has a mental impairment;\nand\n(ii) if the ACAT determines that the person has a mental\nimpairment—to make recommendations to the court about\nhow the person should be dealt with.\n(2) After an inquiry, and as the ACAT thinks appropriate in relation to\n(a) the ACAT must determine on the balance of probabilities,\nwhether or not the person has a mental impairment; and\n(b) if the ACAT determines that the person has a mental\nimpairment, the ACAT must make recommendations to the\ncourt about how the person should be dealt with.\n\nAct\n","sortOrder":190},{"sectionNumber":"178","sectionType":"section","heading":"Recommendations about people with mental disorder or","content":"178 Recommendations about people with mental disorder or\n(1) This section applies if the Childrens Court makes a care and\nprotection order, interim care and protection order with a mental\nhealth ACAT provision, a mental health referral in a proceeding for\nan interim intensive therapy order or intensive therapy order, an\ninterim intensive therapy order or intensive therapy order, under the\nChildren and Young People Act 2008 requiring a person to submit to\nthe jurisdiction of the ACAT to enable the ACAT—\n(a) to determine whether the person has a mental disorder or mental\n(b) if the ACAT determines that the person has a mental disorder or\nmental illness—to make recommendations to the court about\nhow the person should be dealt with.\n(2) After an inquiry, and as the ACAT thinks appropriate in relation to\n(a) the ACAT must determine on the balance of probabilities,\nwhether or not the person has a mental disorder or mental illness;\nand\n(b) if the ACAT determines that the person has a mental disorder or\nmental illness, the ACAT must make recommendations to the\ncourt about how the person should be dealt with.\n","sortOrder":191},{"sectionNumber":"179","sectionType":"section","heading":"Service of decisions etc","content":"179 Service of decisions etc\nThe ACAT must serve a copy of a decision, determination or\nrecommendation made under section 176, section 177 or section 178\non—\n(a) the person about whom the decision, determination or\nrecommendation is made; and\n(b) the representative of that person (if any); and\n\nAct\n(c) the public advocate; and\n(d) the director of public prosecutions; and\n(e) if the person about whom the decision, determination or\nrecommendation is made is a child—the CYP director-general.\n","sortOrder":192},{"sectionNumber":"180","sectionType":"section","heading":"Review of detention under court order","content":"180 Review of detention under court order\n(1) This section applies if, under the Crimes Act, part 13, a court orders\nthat a person be detained in custody for immediate review by the\nACAT.\n(2) The ACAT must review the detention and consider the release of the\n(a) as soon as practicable, and not later than 7 days after the day of\nthe order; and\n(b) if the ACAT does not order the release of the person—at least\nmonthly while the detention continues.\nNote Under s 188, the ACAT must give notice of the hearing to certain people\nand may give notice to anyone else it considers appropriate.\n(3) In reviewing the detention and considering the release of a person, the\nACAT must have regard to the following:\n(a) that detention in custody is to be regarded as a last resort and\nordered only in exceptional circumstances;\n(b) the nature and extent of the person’s mental disorder or mental\nillness, including the effect it is likely to have on the person’s\nbehaviour in the future;\n(c) whether or not, if released—\n(i) the person’s health or safety would be, or would be likely\nto be, substantially at risk; or\n(ii) the person would be likely to do serious harm to others;\n\nAct\n(d) if there is a registered affected person in relation to the person—\n(i) any statement by the registered affected person; and\n(ii) the views of the victims of crime commissioner;\n(e) if the court nominated a term under the Crimes Act, part 13—\nthe nominated term;\n(f) any information the chief psychiatrist or director-general has\ngiven to the ACAT about the treatment, care or support the\nperson requires, including that the person be admitted to a\nparticular approved mental health facility or approved\ncommunity care facility.\n(4) An order for the release of a person may be made subject to the\nconditions (if any) the ACAT considers appropriate, including a\nrequirement to comply with a particular mental health order or\nforensic mental health order as in force from time to time.\n(5) If, on a review, the ACAT does not order the release of a person, the\nACAT may—\n(a) make mental health orders (including additional orders) in\nrelation to the person; or\n(b) make forensic mental health orders (including additional orders)\nin relation to the person; or\n(c) vary or revoke any of the mental health orders or forensic mental\nhealth orders in force in relation to the person.\n(6) If, on a review, the ACAT does not order the release of a person, the\nACAT must tell the following that the detention continues:\n(a) the person;\n(b) the chief psychiatrist;\n\nAct\n(c) if the person is a child—\n(i) each person with parental responsibility for the child under\n(Parental responsibility); and\n(ii) the CYP director-general;\n(d) the public advocate;\n(e) the human rights commission;\n(f) if the person has a guardian under the Guardianship and\n(g) if the person has an attorney under the Powers of Attorney\n(h) if the person has a nominated person—the nominated person;\n(i) if a health attorney is involved in the treatment, care or support\nof the person—the health attorney;\n(j) if the person is detained in a correctional centre—the corrections\n(k) if the person is detained in a detention place—the CYP director-\ngeneral.\n","sortOrder":193},{"sectionNumber":"181","sectionType":"section","heading":"Contravention of conditions of release","content":"181 Contravention of conditions of release\n(a) the ACAT orders the release of a person subject to a condition\nunder section 180 (4); and\n(b) the person contravenes the condition.\n(2) The chief psychiatrist must tell the ACAT of the contravention, in\nwriting, as soon as practicable after becoming aware of the\ncontravention.\n\nAct\n","sortOrder":194},{"sectionNumber":"182","sectionType":"section","heading":"Review of conditions of release","content":"182 Review of conditions of release\n(1) The ACAT must review a condition under section 180 (4) to which\nan order for release of a person is subject at least every 6 months while\nthe order is subject to the condition.\n(2) The ACAT must review each condition under section 180 (4), to\nwhich an order for release of a person is subject within 72 hours after\nreceiving notice under section 181 (2).\n(3) A review required under subsection (2) may be conducted without a\nhearing.\n(4) In reviewing a condition of an order of release for a person, if there is\na registered affected person in relation to the person, the ACAT must\ntake into account—\n(a) any statement by the registered affected person; and\n(b) the views of the victims of crime commissioner.\n(5) The ACAT may, as it considers appropriate—\n(a) amend or revoke any condition of the order, including any\nrequirement to comply with a particular mental health order or\nforensic mental health order as in force from time to time; or\n(b) impose any other condition the ACAT considers appropriate,\nincluding a requirement to comply with a particular mental\nhealth order or forensic mental health order as in force from time\nto time.\n(6) Also, if a person contravenes a condition of an order of release, the\nACAT may order that the person be detained in custody until the\nACAT orders otherwise.\n\nAct\n","sortOrder":195},{"sectionNumber":"183","sectionType":"section","heading":"Limit on detention","content":"183 Limit on detention\n(1) Nothing in section 180 or section 182 permits the ACAT to require a\nperson to remain in custody for a period that is, or for periods that in\nthe aggregate are, greater than the limiting period.\n(2) In subsection (1):\nlimiting period, in relation to a person, means a period that is\nequivalent to the period—\n(a) commencing on the day on which an order of the relevant court\nunder the Crimes Act, part 13 is made requiring the person to be\ndetained in custody until the ACAT orders otherwise; and\n(b) ending on the day on which, if the person had been sentenced to\na term of imprisonment for a period equivalent to the term\nnominated under that Act, section 301, section 302, section 304\nor section 305 (as the case may be) that sentence would have\nexpired.\n\n","sortOrder":196},{"sectionNumber":"184","sectionType":"section","heading":"Meaning of subject person—ch 11","content":"184 Meaning of subject person—ch 11\nsubject person—see section 190.\n","sortOrder":197},{"sectionNumber":"185","sectionType":"section","heading":"When ACAT may be constituted by presidential member","content":"185 When ACAT may be constituted by presidential member\n(1) This section applies to a proceeding on any of the following:\n(a) an assessment order;\n(b) a removal order under section 43 (2) (Removal order to conduct\nassessment);\n(c) an order for the extension of a person’s detention under\nsection 85 (3) (Authorisation of involuntary detention);\n(d) a review of involuntary detention under section 85 (5);\n(e) an order for a person’s release under section 91 (Orders for\nrelease);\n(f) a grant of leave under section 122 (Leave in emergency or\nspecial circumstances);\n(g) a review of a transfer direction under section 140 (Review of\ncorrectional patient awaiting transfer to mental health facility);\n(h) a review of a transfer direction under section 141 (Review of\ncorrectional patient transferred to mental health facility).\n(2) The ACAT may be made up by a presidential member alone, but not\na non-presidential member alone.\nNote The president of the ACAT is responsible for allocating members to the\nACAT for an application (see ACT Civil and Administrative Tribunal Act\n2008, s 89).\n\n","sortOrder":198},{"sectionNumber":"186","sectionType":"section","heading":"When ACAT must be constituted by more members","content":"186 When ACAT must be constituted by more members\n(1) This section applies to a proceeding on any of the following:\n(a) a mental health order;\n(b) a review of a mental health order under section 79 (Review of\nmental health order);\n(c) a forensic mental health order;\n(d) a grant of leave under section 119 (Grant of leave for person\ndetained by ACAT);\n(e) revocation of leave under section 120 (Revocation of leave\ngranted by ACAT);\n(f) a review of a forensic mental health order under section 126\n(Review of forensic mental health order);\n(g) an electroconvulsive therapy order under section 157 (Making\nof electroconvulsive therapy order);\n(h) an emergency electroconvulsive therapy order under\nsection 162 (Making of emergency electroconvulsive therapy\n(i) a review of a person’s fitness to plead under section 176\n(Review of certain people found unfit to plead);\n(j) a recommendation under section 177 (Recommendations about\npeople with mental impairment) or section 178\n(Recommendations about people with mental disorder or mental\nillness) about a person who has a mental impairment, mental\ndisorder or mental illness;\n(k) a review of detention under section 180 (Review of detention\nunder court order).\n\n(2) The ACAT must include—\n(a) a presidential member; and\n(b) a non-presidential member with a relevant interest, experience\nor qualification.\nNote The president of the ACAT is responsible for allocating members to the\nACAT for an application (see ACT Civil and Administrative Tribunal Act\n2008, s 89).\n","sortOrder":199},{"sectionNumber":"187","sectionType":"section","heading":"Applications","content":"187 Applications\n(1) This section applies to an application to the ACAT under this Act.\n(2) The ACAT must, as soon as practicable but not longer than 24 hours\nafter the application is lodged, give a copy of the application to—\n(a) the public advocate; and\n(b) if the subject person is a child—the CYP director-general.\n","sortOrder":200},{"sectionNumber":"188","sectionType":"section","heading":"Notice of hearing","content":"188 Notice of hearing\n(1) At least 3 days before the ACAT holds a hearing in relation to a matter\nunder this Act, the ACAT—\n(a) must give written notice of the hearing to the following people:\n(i) if the subject person is not required to appear by a subpoena\nunder the ACT Civil and Administrative Tribunal Act 2008,\nsection 41 for a reason other than because section 192 (3)\n(Subpoena to appear in person) applies in relation to the\nperson—the subject person;\n(ii) the representative of the subject person (if any);\n\n(iii) if the subject person is a child—\n(A) each person with parental responsibility for the child\nunder the Children and Young People Act 2008,\n(B) the CYP director-general;\n(iv) if the subject person has a guardian under the Guardianship\nand Management of Property Act 1991—the guardian;\n(v) if the subject person has an attorney under the Powers of\n(vi) if the subject person is referred to the ACAT under section\n35 (Applications by referring officers—assessment\norder)—the referring officer;\n(vii) the applicant (if any);\n(viii) if the hearing is on a proceeding on a mental health order,\na forensic mental health order, or a review required under\nsection 180 (2) (Review of detention under court order),\nfor which there is a registered affected person for the\n(A) the registered affected person; and\n(B) the victims of crime commissioner;\n(ix) the public advocate;\n(x) the chief psychiatrist;\n(xi) the care coordinator;\n(xii) the director-general of the administrative unit that has\nresponsibility for providing care, support and protection\nfor people with a mental disorder; and\n\n(b) may give written notice to anyone else the ACAT considers\nExample—par (b)\nan official visitor\n(2) Subsection (1) does not apply to a matter under this Act if—\n(a) the chief psychiatrist gives the ACAT written notice that the\nchief psychiatrist believes on reasonable grounds that anything\nto do with the notification process is likely to substantially\nincrease—\n(i) the risk to the subject person’s health or safety; or\n(ii) the risk of serious harm to others; and\n(b) a presidential member of the ACAT is satisfied that the risks\nmentioned in paragraph (a) make the giving of notice under\nsubsection (1) undesirable for the matter; and\n(c) the ACAT—\n(i) tells the public advocate that notice under subsection (1)\nhas not been given; and\n(ii) gives the public advocate a copy of the written notice\nmentioned in paragraph (a).\n(3) Also, subsection (1) does not apply in relation to a hearing to be held\nfor any of the following:\n(a) the making of an emergency assessment order under section 39;\n(b) a review required under section 79 (3) (Review of mental health\n(c) an application under section 85 (2) or (4) (Authorisation of\ninvoluntary detention);\n(d) a review required under section 126 (5) (Review of forensic\nmental health order);\n\n(e) the making of an emergency electroconvulsive therapy order\nunder section 162 (Making of emergency electroconvulsive\ntherapy order);\n(f) a review required under section 182 (2) (Review of conditions\nof release).\nNote Requirements in relation to hearings are set out in the ACT Civil and\nAdministrative Tribunal Act 2008, div 5.4. Those requirements apply\nunless this Act provides otherwise.\n","sortOrder":201},{"sectionNumber":"189","sectionType":"section","heading":"Directions to registrar","content":"189 Directions to registrar\n(1) After considering an assessment of the subject person for a\nproceeding, but before holding an inquiry or review, the president of\nthe ACAT may give to the registrar the directions the president\nconsiders appropriate to—\n(a) define and limit the relevant matters in the proceeding,\nincluding—\n(i) the alternative treatments, programs and other services that\nare available and may be appropriate for the subject person;\nand\n(ii) the evidence that appears to be relevant to the proper\ndisposition of the matter; and\n(iii) any unusual or urgent factors requiring special attention;\nand\n(b) ensure all necessary measures are taken to allow the inquiry or\nreview to proceed as quickly as possible, including ensuring\n(i) all relevant particulars have been provided; and\n(ii) people who may be entitled to appear and give evidence in\nthe proceeding have been notified, the people’s availability\nconfirmed and any related matters requiring special\nattention have been dealt with; and\n\n(iii) people who may wish to apply for leave to appear and give\nevidence in the proceeding have been notified; and\n(iv) people not entitled to appear in the proceeding but who\nmay be interested in making written submissions about the\nmatter have been given an opportunity to do so; and\n(v) issues (if any) that may be decided before the inquiry or\nreview have been identified.\n(2) However, the president of the ACAT must not give a direction under\nsubsection (1) in a proceeding in relation to—\n(a) the treatment, care or support, control, rehabilitation and\nprotection of a person found unfit to plead; or\n(b) the treatment, care or support, control, rehabilitation and\nprotection of a person found not guilty of a criminal offence\nbecause of mental impairment; or\n(c) a request by a court to provide advice in relation to the\nsentencing of a person before the court.\n","sortOrder":202},{"sectionNumber":"190","sectionType":"section","heading":"Appearance","content":"190 Appearance\n(1) The following people may appear and give evidence at the hearing of\na proceeding:\n(a) the person (the subject person) who is the subject of the\nproceeding;\n(b) if the subject person is a child—\n(i) each person with parental responsibility for the child under\n(Parental responsibility); and\n(ii) the CYP director-general;\n(c) if the subject person has a guardian under the Guardianship and\n\n(d) if the subject person has an attorney under the Powers of\n(e) if the subject person has a nominated person—the nominated\n(f) the applicant (if any);\n(g) if the subject person is referred to the ACAT under section 35\n(Applications by referring officers—assessment order)—the\nreferring officer;\n(h) if the proceeding is on a mental health order, a forensic mental\nhealth order, or a review required under section 180 (2) (Review\nof detention under court order), for which there is a registered\naffected person for the offence committed or alleged to have\nbeen committed by the subject person—\n(i) the registered affected person; and\n(ii) the victims of crime commissioner;\n(i) the public advocate;\n(j) the chief psychiatrist;\n(k) the director-general who has control of the administrative unit\nto which responsibility for the provision of treatment, care and\nprotection for people with a mental disorder (other than people\nwith a mental illness) is allocated;\n(l) the discrimination commissioner.\n(2) Other people may appear and give evidence at the hearing with the\nleave of the ACAT.\n(3) This section does not prevent a person from making a written\nsubmission to the ACAT in relation to a proceeding.\n\n","sortOrder":203},{"sectionNumber":"191","sectionType":"section","heading":"Separate representation of children etc","content":"191 Separate representation of children etc\n(1) This section applies in relation to a proceeding if—\n(a) the subject person is a child or a person the ACAT considers is\nunable to represent themself; and\n(b) the person is not separately represented; and\n(c) the ACAT considers that the person should be separately\nrepresented.\n(2) The ACAT may, on its own initiative or on the application of a\n(a) adjourn the proceeding to allow the subject person to obtain\nrepresentation; and\n(b) give reasonably necessary advice and assistance to the person to\nenable the person to obtain representation.\n","sortOrder":204},{"sectionNumber":"192","sectionType":"section","heading":"Subpoena to appear in person","content":"192 Subpoena to appear in person\n(1) This section applies if the ACAT is satisfied that it is necessary for\nthe subject person to be present at the hearing of the proceeding.\n(2) The ACAT may require the person to appear at the hearing by\nsubpoena given under the ACT Civil and Administrative Tribunal\nAct 2008, section 41.\n(3) However, the ACAT must not require the person to appear at the\nhearing by subpoena if satisfied that the appearance of the subject\nperson before the ACAT is likely to increase substantially—\n(a) any risk to the subject person’s health or safety; or\n(b) the risk of serious harm to others.\nNote If a person who is subpoenaed does not appear before the ACAT, the\nACAT may issue a warrant to arrest the person (see ACT Civil and\nAdministrative Tribunal Act 2008, s 42).\n\n","sortOrder":205},{"sectionNumber":"193","sectionType":"section","heading":"Person subpoenaed in custody","content":"193 Person subpoenaed in custody\n(1) This section applies if the subject person—\n(a) is given a subpoena under the ACT Civil and Administrative\nTribunal Act 2008, section 41; and\n(b) is in the custody of another person.\n(2) The ACAT may order the other person ensure that the subject person\nappears before the ACAT in accordance with the subpoena.\n","sortOrder":206},{"sectionNumber":"194","sectionType":"section","heading":"Hearings to be in private","content":"194 Hearings to be in private\n(1) A hearing of a proceeding in relation to a subject person must be held\nin private.\n(2) However, a hearing of a proceeding in relation to a subject person\nwho is not a child may be held in public if—\n(a) the subject person asks for the hearing to be held in public; or\n(b) the ACAT orders the hearing be held in public.\n(3) A private hearing is taken to be a hearing to which the ACT Civil and\nAdministrative Tribunal Act 2008, section 39 (Hearings in private or\npartly in private) applies.\nNote Requirements for keeping private hearings secret are set out in the ACT\nCivil and Administrative Tribunal Act 2008, s 40.\n","sortOrder":207},{"sectionNumber":"195","sectionType":"section","heading":"Who is given a copy of the order?","content":"195 Who is given a copy of the order?\n(1) The ACAT must give a copy of an ACAT order to the following\npeople:\n(a) the subject person;\n(b) if the subject person has a representative—the representative;\n(c) if the subject person is a child—each person with parental\nresponsibility for the child under the Children and Young People\nAct 2008, division 1.3.2 (Parental responsibility);\n\n(d) if the subject person has a guardian—the guardian;\n(e) if the subject person has made a power of attorney under the\nPowers of Attorney Act 2006—the attorney under the power of\nattorney;\n(f) the public advocate;\n(g) if the subject person is referred to the ACAT under section 35\n(Applications by referring officers—assessment order)—the\nreferring officer;\n(h) if the subject person is referred to the ACAT under section 94\n(Applications for forensic mental health orders—detainees\netc)—\n(i) the chief psychiatrist; and\n(ii) the corrections director-general.\n(i) if the person was ordered to submit to the jurisdiction of the\nACAT by a court—the court;\n(j) if the order requires the person to be admitted to a facility—the\nperson in charge of the facility;\n(k) anyone else ordered by the ACAT;\n(l) if the subject person has a nominated person—the nominated\n(2) The ACAT must also give a copy of the following orders of the\nACAT to the chief psychiatrist:\n(a) a psychiatric treatment order;\n(b) a restriction order in relation to a person subject to a psychiatric\ntreatment order;\n(c) a forensic psychiatric treatment order;\n(d) an electroconvulsive therapy order;\n\n(e) an emergency electroconvulsive therapy order.\n(3) The ACAT must also give a copy of the following orders of the\nACAT to the care coordinator:\n(a) a community care order;\n(b) a restriction order in relation to a person subject to a community\ncare order;\n(c) a forensic community care order.\n(4) The ACAT must give a copy of an emergency electroconvulsive\ntherapy order to the people mentioned in subsection (1) and (2) in\nrelation to the order within 24 hours after the order is made.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n\n","sortOrder":208},{"sectionNumber":"Part 12","sectionType":"part","heading":"1 Chief psychiatrist and mental","content":"Part 12.1 Chief psychiatrist and mental\nhealth officers\n","sortOrder":209},{"sectionNumber":"196","sectionType":"section","heading":"Chief psychiatrist","content":"196 Chief psychiatrist\n(1) The Minister must appoint a public servant as Chief Psychiatrist.\nNote 1 For the making of appointments (including acting appointments), see\n(2) A person is not eligible for appointment as the chief psychiatrist\nunless the person is a psychiatrist.\n","sortOrder":210},{"sectionNumber":"197","sectionType":"section","heading":"Functions","content":"197 Functions\nThe chief psychiatrist has the following functions:\n(a) to provide treatment, care or support, rehabilitation and\nprotection for persons who have a mental illness;\n(b) to make reports and recommendations to the Minister with\nrespect to matters affecting the provision of treatment, care or\nsupport, control, accommodation, maintenance and protection\nfor persons who have a mental illness;\n(c) to make guidelines for mental health facilities, mental health\nprofessionals or anyone else exercising a function under this\nAct, in relation to matters under this Act;\n(d) any other function given to the chief psychiatrist under this Act.\n\n","sortOrder":211},{"sectionNumber":"198","sectionType":"section","heading":"Approved code of practice","content":"198 Approved code of practice\n(1) The chief psychiatrist may approve a code of practice to provide\nguidance on assessing whether a person has decision-making\ncapacity.\n(2) An approved code of practice may apply, adopt or incorporate an\ninstrument as in force from time to time.\n(3) An approved code of practice is a notifiable instrument.\n","sortOrder":212},{"sectionNumber":"198A","sectionType":"section","heading":"Chief psychiatrist may make guidelines","content":"198A Chief psychiatrist may make guidelines\n(1) The chief psychiatrist may make guidelines for a mental health\nfacility, mental health professional or anyone else exercising a\nfunction under this Act, in relation to any matter under this Act.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nNote 2 The function of making guidelines under this section must not be\ndelegated (see s 200 (2) (b)).\n(2) A guideline must include a statement about how the guideline\nis consistent with—\n(a) the objects and principles of this Act; and\n(b) human rights.\n(3) If a guideline relates to a function under this Act exercised by a police\nofficer or an authorised ambulance paramedic, the chief psychiatrist\nmust consult the chief police officer or the chief officer (ambulance\nservice) before making the guideline.\n(4) A mental health facility conducted by, or operating under an\nagreement with, the Territory must comply with a guideline that\napplies to the facility.\n\n(5) A person employed or engaged at a mental health facility mentioned\nin subsection (4) must comply with a guideline that applies to the\n(6) A person, other than a person mentioned in subsection (5), exercising\na function under this Act in relation to a matter for which a guideline\nhas been made must consider the guideline in the exercise of the\nfunction.\n(7) A guideline may apply, adopt or incorporate a law of another\njurisdiction or an instrument, as in force from time to time.\nNote A reference to an instrument includes a reference to a provision of an\ninstrument (see Legislation Act, s 14 (2)).\n(8) The Legislation Act, section 47 (6) does not apply in relation to a law\nor an instrument mentioned in subsection (7).\nNote A law or an instrument applied, adopted or incorporated under s (7) does\nnot need to be notified under the Legislation Act because s 47 (6) does\nnot apply (see Legislation Act, s 47 (7)).\n(9) A guideline is a notifiable instrument.\n(10) In this section:\nlaw of another jurisdiction—see the Legislation Act, section 47 (10).\n","sortOrder":213},{"sectionNumber":"199","sectionType":"section","heading":"Ending appointment—chief psychiatrist","content":"199 Ending appointment—chief psychiatrist\n(1) The Minister may end the appointment of the chief psychiatrist—\n(a) for misbehaviour; or\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s functions.\n(2) The Minister must end the appointment of the chief psychiatrist if the\nchief psychiatrist stops being eligible to hold the office of chief\npsychiatrist.\n\n","sortOrder":214},{"sectionNumber":"200","sectionType":"section","heading":"Delegation by chief psychiatrist","content":"200 Delegation by chief psychiatrist\n(1) The chief psychiatrist may delegate the chief psychiatrist’s functions\nunder this Act to a psychiatrist who is a public employee or is engaged\nby the Territory.\n(2) However, the following functions must not be delegated:\n(a) granting leave under section 122 (Leave in emergency or special\ncircumstances);\n(b) making guidelines under section 198A (Chief psychiatrist may\nmake guidelines).\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n","sortOrder":215},{"sectionNumber":"201","sectionType":"section","heading":"Mental health officers","content":"201 Mental health officers\n(1) The chief psychiatrist may appoint a person as a mental health officer.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) A person is not eligible for appointment as a mental health officer\nunless the person is a nurse, nurse practitioner, psychologist,\noccupational therapist or social worker.\noccupational therapist means a person registered under the Health\nPractitioner Regulation National Law (ACT) to practise in the\noccupational therapy profession (other than as a student).\npsychologist means a person registered under the Health Practitioner\nRegulation National Law (ACT) to practise in the psychology\nprofession (other than as a student).\nsocial worker means a person with a social work qualification that\nprovides eligibility for membership of the Australian Association of\nSocial Workers.\n\n","sortOrder":216},{"sectionNumber":"202","sectionType":"section","heading":"Functions of mental health officers","content":"202 Functions of mental health officers\nThe functions of a mental health officer for this Act are the functions\nthat the chief psychiatrist directs.\nNote Function includes authority, duty and power (see Legislation Act, dict,\npt 1).\n","sortOrder":217},{"sectionNumber":"203","sectionType":"section","heading":"Identity cards for mental health officers","content":"203 Identity cards for mental health officers\n(1) The director-general must give a mental health officer an identity card\nthat states the person is a mental health officer for this Act and\nshows—\n(a) the name of the person; and\n(b) a recent photograph of the person.\n(a) the person was appointed as a mental health officer; and\n(b) the person ceases to be a mental health officer; and\n(c) the person does not return the person’s identity card to the\ndirector-general as soon as practicable (but within 7 days) after\nthe day the person ceases to be a mental health officer.\nMaximum penalty: 1 penalty unit.\n(3) An offence against subsection (2) is a strict liability offence.\n\n","sortOrder":218},{"sectionNumber":"204","sectionType":"section","heading":"Care coordinator","content":"204 Care coordinator\n(1) The Minister must appoint a public servant as care coordinator.\nNote 1 For the making of appointments (including acting appointments), see\n(2) The Minister may only appoint a person as care coordinator if\nsatisfied that the person has the training, experience and personal\nqualities necessary to exercise the care coordinator’s functions.\n(3) An appointment is a notifiable instrument.\n","sortOrder":219},{"sectionNumber":"205","sectionType":"section","heading":"Functions","content":"205 Functions\nThe care coordinator has the following functions:\n(a) to coordinate the provision of treatment, care or support to\npeople with a mental disorder in accordance with community\ncare orders made by the ACAT;\n(b) to coordinate the provision of appropriately trained people for\nthe treatment, care or support of people with a mental disorder\nwho are subject to community care orders;\n(c) to coordinate the provision of appropriate residential or\ndetention facilities for people with a mental disorder in relation\nto whom any of the following orders are in force:\n(i) a community care order;\n(ii) a restriction order with a community care order;\n(iii) a forensic community care order;\n\nCare coordinator Part 12.2\n(d) to coordinate the provision of medication and anything else\nrequired to be done for people with a mental disorder in\naccordance with community care orders and restriction orders\nmade by the ACAT;\n(e) to make reports and recommendations to the Minister about\nmatters affecting the provision of treatment, care or support,\ncontrol, accommodation, maintenance and protection for people\nwith a mental disorder;\n(f) any other function given to the care coordinator under this Act.\n","sortOrder":220},{"sectionNumber":"206","sectionType":"section","heading":"Ending appointment—care coordinator","content":"206 Ending appointment—care coordinator\n(1) The Minister may end the appointment of the care coordinator—\n(a) for misbehaviour; or\n(b) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s functions.\n(2) The Minister must end the appointment of the care coordinator if the\ncare coordinator stops being eligible to hold the office of care\ncoordinator.\n","sortOrder":221},{"sectionNumber":"207","sectionType":"section","heading":"Delegation by care coordinator","content":"207 Delegation by care coordinator\n(1) The care coordinator may delegate the care coordinator’s functions\nunder this Act to anyone else.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n\n(2) However—\n(a) the function of granting leave under section 122 (Leave in\nemergency or special circumstances) must not be delegated; and\n(b) the care coordinator may delegate a function to a person only if\nthe care coordinator is satisfied that the person has the training,\nexperience and personal qualities necessary to exercise the\nfunction.\n\nNote At least 1 official visitor must be appointed for this Act under the Official\nVisitor Act 2012 (the OV Act).\nThe OV Act sets out the functions of official visitors which includes\nvisiting visitable places, handling complaints from entitled people and\nreporting on those matters.\nThis part defines what is an entitled person and a visitable place for the\nOV Act. This part also prescribes other matters for the OV Act.\n","sortOrder":222},{"sectionNumber":"208","sectionType":"section","heading":"Meaning of official visitor etc","content":"208 Meaning of official visitor etc\nentitled person means a person—\n(a) receiving treatment, care or support for mental disorder or a\nmental illness—\n(i) at a visitable place; or\n(ii) at a place other than a visitable place under an order under\nthis Act; or\n(b) prescribed by regulation.\nofficial visitor, for a visitable place—see the Official Visitor\nAct 2012, section 6.\nvisitable place means—\n(a) a mental health facility; or\n(b) a long-term residential accommodation facility or respite facility\nat which a person receiving treatment, care or support for mental\ndisorder or a mental illness may stay; or\n\n(c) a place in a correctional centre where a detainee is receiving\ntreatment or care for mental disorder or a mental illness for the\nperiod in which the treatment, care or support is given to the\ndetainee.\nNote A visitable place mentioned in par (c) is also a visitable place for\nan official visitor under the Corrections Management Act 2007 (see\nthat Act, s 57).\n","sortOrder":223},{"sectionNumber":"209","sectionType":"section","heading":"Appointment of official visitors—additional suitability","content":"209 Appointment of official visitors—additional suitability\nrequirement\nA person must not be appointed as an official visitor for a visitable\nplace unless the person—\n(a) is a legal practitioner who has not less than 5 years practising\nexperience; or\n(b) is a medical practitioner; or\n(c) has been nominated by a body representing consumers of mental\nhealth services; or\n(d) has experience and skill in the care of persons with a mental\ndisorder or mental illness.\n","sortOrder":224},{"sectionNumber":"211","sectionType":"section","heading":"Official visitor’s functions","content":"211 Official visitor’s functions\nWithout limiting the Official Visitor Act 2012, section 14 (Official\nvisitor functions), an official visitor for a visitable place must enquire\ninto—\n(a) the adequacy of services provided at the visitable place for the\nassessment and treatment of people with mental disorder or a\nmental illness; and\n(b) the appropriateness and standard of facilities at the visitable\nplace for the recreation, occupation, education, training and\nrehabilitation of people receiving treatment, care or support for\nmental disorder or a mental illness; and\n\n(c) the extent to which people receiving treatment, care or support\nfor mental disorder or a mental illness at the visitable place are\nbeing provided the best possible treatment, care or support\nappropriate to their needs in the least possible restrictive\nenvironment and least possible intrusive manner consistent with\nthe effective giving of that treatment, care or support; and\n(d) any other matter that the official visitor considers appropriate.\n","sortOrder":225},{"sectionNumber":"213","sectionType":"section","heading":"Notice to official visitor of detainee receiving mental","content":"213 Notice to official visitor of detainee receiving mental\nhealth treatment, care or support in correctional centre\n(1) This section applies if a detainee in a correctional centre is receiving\ntreatment, care or support for mental disorder or a mental illness in a\nvisitable place in a correctional centre.\n(2) The doctor for the correctional centre must give an official visitor for\nthe visitable place written notice that a detainee is receiving\ntreatment, care or support for mental disorder or a mental illness in\nthe visitable place as soon as practicable, but not later than 24 hours\nafter the detainee starts receiving treatment, care or support in the\nplace.\nNote A visitable place in a correctional centre is also a visitable place for an\nofficial visitor under the Corrections Management Act 2007 (see that Act,\ns 57).\ndoctor, for a correctional centre, means the doctor appointed under\nthe Corrections Management Act 2007, section 21 (1) for the centre.\n\n","sortOrder":226},{"sectionNumber":"214","sectionType":"section","heading":"Complaint about treatment, care or support provided at","content":"214 Complaint about treatment, care or support provided at\nplace other than visitable place\n(1) An entitled person may make a complaint to an official visitor for a\nvisitable place under the Official Visitor Act 2012, section 22 about\ntreatment, care or support for mental disorder or a mental illness that\nis—\n(a) wholly or partly funded by the Territory; and\n(b) provided at a place other than the visitable place.\n(2) The official visitor may—\n(a) investigate the complaint; and\n(b) visit the place where the service is provided.\n(3) However, the official visitor may only visit a place that is not a\nvisitable place—\n(a) with the entitled person’s consent; and\n(b) after giving the owner of, or entity operating, the place at least\n24 hours written notice; and\n(c) at a reasonable time unless the director-general otherwise\nconsents.\n(4) For subsection (3) (a), an entitled person consents to a visit to a place\nby an official visitor if—\n(a) the official visitor has the entitled person’s—\n(i) written consent; or\n(ii) oral consent, if a written record of the consent is made by\na person who heard the consent being given; or\n(b) the official visitor—\n(i) has taken reasonable steps to find out if the entitled person\nconsents; and\n\n(ii) reasonably believes the entitled person may not be able to\nmake a decision about consent or communicate that\ndecision; and\n(iii) reasonably believes that a visit to the place is necessary and\nappropriate to allow the official visitor to exercise the\nofficial visitor’s functions under this Act and the Official\nVisitor Act 2012; and\n(iv) the entitled person has not told, or otherwise indicated to,\nthe official visitor that the person does not consent.\n(5) If subsection (4) (b) applies and an official visitor visits a place, the\nofficial visitor must, as soon as practicable, take reasonable steps to\nmake the entitled person aware that the place was visited.\n\n","sortOrder":227},{"sectionNumber":"215","sectionType":"section","heading":"Coordinating director-general","content":"215 Coordinating director-general\nThe Chief Minister may appoint a director-general to be a\ncoordinating director-general.\n","sortOrder":228},{"sectionNumber":"216","sectionType":"section","heading":"Functions of coordinating director-general","content":"216 Functions of coordinating director-general\nA coordinating director-general has the function of working with\nother government agencies to promote cooperation in achieving the\nobjects of this Act and to coordinate activities undertaken by agencies\nthat relate to the objects.\n","sortOrder":229},{"sectionNumber":"217","sectionType":"section","heading":"Coordinating director-general policies and operating","content":"217 Coordinating director-general policies and operating\nprocedures\n(1) The coordinating director-general may make policies and operating\nprocedures, consistent with this Act, for the effective and efficient\nmanagement or operation of any administrative function under this\nAct.\n(2) A person exercising an administrative function under this Act must\ncomply with policies and operating procedures.\n(3) A policy or operating procedure made under subsection (1) is a\nnotifiable instrument.\n\nSharing information—government agencies Part 12.5\nPart 12.5 Sharing information—\ngovernment agencies\n","sortOrder":230},{"sectionNumber":"218","sectionType":"section","heading":"Definitions—pt 12.5","content":"218 Definitions—pt 12.5\ninformation sharing entity—each of the following is an information\nsharing entity:\n(a) the director-general;\n(b) the CYP director-general;\n(c) the corrections director-general;\n(d) the director-general responsible for the Disability Services\nAct 1991;\n(e) the director-general responsible for the Health Act 1993;\n(f) the chief police officer;\n(g) the chief officer (ambulance service);\n(h) an agency of another jurisdiction approved by the\ndirector-general under section 221.\ninformation sharing protocol—see section 219.\nrelevant information means information needed for the safe and\neffective care of a person who has, or may have, a mental illness or\nmental disorder.\n\nPart 12.5 Sharing information—government agencies\n","sortOrder":231},{"sectionNumber":"219","sectionType":"section","heading":"Information sharing protocol","content":"219 Information sharing protocol\n(1) An information sharing entity may enter into an arrangement (an\ninformation sharing protocol) with another information sharing\nentity to allow each entity—\n(a) to request and receive relevant information held by each other\nentity; and\n(b) to disclose relevant information to each other entity.\n(2) An information sharing entity may share relevant information under\nan information sharing protocol only if satisfied, and to the extent, it\nis reasonably necessary for the safe and effective treatment, care or\nsupport of the person to whom the information relates.\n(3) Relevant information about a person in relation to whom a forensic\nmental health order is in force may be shared under an information\nsharing protocol without the consent of the person.\n(4) If an information sharing entity shares relevant information without\nthe consent of the person to whom the information relates, the entity\nmust tell the following people in writing about the information shared\nand reasons for sharing the information:\n(c) if the person has a nominated person—the nominated person.\n\nSharing information—government agencies Part 12.5\n(5) Subsection (4) applies to information shared about any person other\nthan information about a detainee or young detainee that is shared—\n(a) because of a request for information under—\n(i) the Corrections Management Act 2007, section 77 (Health\nreports); or\n(ii) the Children and Young People Act 2008, section 186\n(Health reports); or\n(b) between the CYP director-general, the corrections\ndirector-general and the director-general.\n","sortOrder":232},{"sectionNumber":"220","sectionType":"section","heading":"Information sharing guidelines","content":"220 Information sharing guidelines\n(1) The Minister may make guidelines about the operation of information\nsharing protocols.\n(2) A guideline is a disallowable instrument.\n","sortOrder":233},{"sectionNumber":"221","sectionType":"section","heading":"Information sharing—approval of agency","content":"221 Information sharing—approval of agency\n(1) The director-general may approve an agency from another\njurisdiction as an information sharing entity for this part.\n(2) An approval is a notifiable instrument.\n\n","sortOrder":234},{"sectionNumber":"222","sectionType":"section","heading":"Definitions—ch 13","content":"222 Definitions—ch 13\ninspector means an inspector appointed under section 234.\nlicence means a licence issued under section 226.\nlicensed premises means the premises in relation to which a licence\nis issued.\nlicensee means a person who holds a licence issued under\nsection 226.\nprivate psychiatric facility means a hospital or other facility for the\ntreatment, care, support, rehabilitation or accommodation of people\nwith a mental illness other than—\n(a) a recognised hospital within the meaning of the Health\nInsurance Act 1973 (Cwlth); or\n(b) a facility conducted by the Territory.\n\n","sortOrder":235},{"sectionNumber":"223","sectionType":"section","heading":"Meaning of eligible person—pt 13.2","content":"223 Meaning of eligible person—pt 13.2\n(1) For this part, a person is an eligible person if—\n(a) the Minister is satisfied on reasonable grounds that the person is\na suitable person to hold a licence; and\n(b) if the person is an individual—the individual has not been\ninvolved in a disqualifying act; and\n(c) if the person is in a partnership that is to operate a private\npsychiatric facility—each person in the partnership has not been\ninvolved in a disqualifying act; and\n(d) if the person is a corporation—the corporation and each person\ninvolved in the management of the corporation has not been\ninvolved in a disqualifying act.\ndisqualifying act—a person has been involved in a disqualifying act\nif the person has in the last 5 years, whether in the ACT or\nelsewhere—\n(a) contravened a provision of this Act; or\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) contravened a condition of a licence issued under this Act; or\n(c) been convicted, or found guilty, of an offence involving fraud or\ndishonesty, or punishable by imprisonment for at least 1 year; or\n(d) been bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n\n(e) been involved in the management of a corporation when the\ncorporation became the subject of a winding-up order or a\ncontroller or administrator was appointed.\n","sortOrder":236},{"sectionNumber":"224","sectionType":"section","heading":"Licence—requirement to hold","content":"224 Licence—requirement to hold\n(1) A person commits an offence if the person—\n(a) operates a private psychiatric facility; and\n(b) does not hold a licence to operate the facility.\n(a) the person is a partner in a partnership; and\n(b) the partnership operates a private psychiatric facility; and\n(c) no partner in the partnership holds a licence to operate the\n","sortOrder":237},{"sectionNumber":"225","sectionType":"section","heading":"Licence—application","content":"225 Licence—application\n(1) A person (the applicant) may apply to the Minister for a licence to\noperate a private psychiatric facility.\n(2) The application must—\n(b) state the applicant’s name and address; and\n(c) if the applicant is a partner in a partnership that is to operate the\nfacility—state the name and address of each partner in the\npartnership; and\n\n(d) if the applicant is a corporation—state the name and address of\neach director of the corporation; and\n(e) state the address of the premises where the facility is to be\noperated.\n(3) The Minister may, in writing, ask the applicant to give the Minister\nadditional information or documents that the Minister reasonably\nneeds to decide the application.\n(4) If the applicant does not comply with a request under subsection (3),\nthe Minister may refuse to consider the application further.\n","sortOrder":238},{"sectionNumber":"226","sectionType":"section","heading":"Licence—decision on application","content":"226 Licence—decision on application\n(1) On application under section 225, the Minister may issue a licence if\nsatisfied on reasonable grounds that—\n(a) the applicant is an eligible person; and\n(b) the applicant complies with, and is likely to continue to comply\nwith, the requirements of this Act; and\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(c) the premises where the facility is to be operated are suitable\npremises for the operation of a private psychiatric facility.\n(2) A licence must include a condition—\n(a) about the maximum number of people for whom treatment, care\nor support may be provided at the licensed premises; and\n(b) that a licensee must comply with a guideline under section 198A\nthat applies to the licensed premises.\n\n(3) A licence may also include conditions about the following:\n(a) the minimum number of staff to be employed at the licensed\npremises;\n(b) the qualifications of the staff;\n(c) the treatment, care or support that may be provided at the\n(d) the health and safety of people at the licensed premises;\n(e) the insurance to be carried by the licensee against any liability\narising from the operation of a private psychiatric facility at the\n(f) the recreational and educational facilities to be provided at the\n(g) the management of the licensed premises;\n(h) the keeping of records about the licensed premises and any\nperson who is treated in or from the premises;\n(i) anything else that the Minister is satisfied on reasonable grounds\nis appropriate.\n","sortOrder":239},{"sectionNumber":"227","sectionType":"section","heading":"Licence—term and renewal of licence","content":"227 Licence—term and renewal of licence\n(1) A licence is issued for the period of up to 3 years stated in the licence.\n(2) A licensee may apply, in writing, to the Minister to renew the licence.\n(3) The Minister may renew the licence for a period of up to 3 years if\nsatisfied on reasonable grounds of the matters mentioned in\nsection 225 (2) in relation to the applicant and the premises.\n\n","sortOrder":240},{"sectionNumber":"228","sectionType":"section","heading":"Licence—transfer of licence","content":"228 Licence—transfer of licence\n(1) A licensee may apply to the Minister to transfer a licence to someone\nelse (the proposed new licensee).\n(2) The application must—\n(b) state the proposed new licensee’s name and address; and\n(c) if the proposed new licensee is in a partnership—state the name\nand address of each partner in the partnership; and\n(d) if the proposed new licensee is a corporation—state the name\nand address of each director of the corporation.\n(3) The Minister may, in writing, ask the proposed new licensee to give\nthe Minister additional information or documents that the Minister\nreasonably needs to decide the application.\n(4) If the proposed new licensee does not comply with a request under\nsubsection (3), the Minister may refuse to consider the application\nfurther.\n(5) The Minister may transfer the licence if satisfied on reasonable\n(a) the proposed new licensee is an eligible person; and\n(b) the proposed new licensee complies with, and is likely to\ncontinue to comply with, the requirements of this Act.\nNote A reference to an Act includes a reference to the statutory instruments\n(6) The Minister may amend the licence if satisfied on reasonable\n\n","sortOrder":241},{"sectionNumber":"229","sectionType":"section","heading":"Licence—amendment initiated by Minister","content":"229 Licence—amendment initiated by Minister\n(1) The Minister may, by written notice (an amendment notice), amend\na licence on the Minister’s own initiative if satisfied on reasonable\n(2) However, the Minister may amend a licence on the Minister’s own\ninitiative only if—\n(a) the Minister gives the licensee written notice of the proposed\namendment (a proposed amendment notice); and\n(b) the proposed amendment notice states that written comments on\nthe proposal may be made to the Minister before the end of a\nstated period of at least 28 days after the day the notice is given\nto the licensee; and\n(c) the Minister considers any comments made in response to the\nproposed amendment notice.\n(3) Subsection (2) does not apply if the licensee agrees, in writing, to the\namendment.\n(4) The amendment takes effect on—\n(a) the day the amendment notice is given to the licensee; or\n","sortOrder":242},{"sectionNumber":"230","sectionType":"section","heading":"Licence—amendment on application by licensee","content":"230 Licence—amendment on application by licensee\n(1) A licensee may apply to the Minister to amend a licence.\n(2) The Minister must, not later than 28 days after receiving the\napplication—\n(a) decide the application for amendment; and\n(b) give the licensee written notice of the decision.\n\n(3) The Minister may amend the licence if satisfied on reasonable\n(4) The amendment takes effect on—\n(a) the day the written notice of amendment is given to the licensee;\nor\n","sortOrder":243},{"sectionNumber":"231","sectionType":"section","heading":"Licence—surrender","content":"231 Licence—surrender\n(1) A licensee may surrender a licence by giving the Minister—\n(a) written notice of the surrender; and\n(b) the licence.\n(2) A surrender takes effect on—\n(a) the day the notice is given to the Minister; or\n","sortOrder":244},{"sectionNumber":"232","sectionType":"section","heading":"Licence—cancellation by notice","content":"232 Licence—cancellation by notice\n(1) The Minister may, by written notice (a cancellation notice), cancel a\nlicence if satisfied on reasonable grounds that the licensee has failed\nto comply with a condition of the licence.\n(2) However, the Minister may cancel a licence only if—\n(a) the Minister gives the licensee written notice of the proposed\ncancellation (a proposed cancellation notice); and\n(b) the proposed cancellation notice states that written comments on\nthe proposal may be made to the Minister before the end of a\nstated period of at least 28 days after the day the notice is given\nto the licensee; and\n\n(c) the Minister considers any comments made in response to the\nproposed cancellation notice.\n(3) Subsection (2) does not apply if the licensee agrees, in writing, to the\ncancellation.\n(4) The cancellation takes effect on—\n(a) the day the cancellation notice is given to the licensee; or\n(b) a later day stated in the cancellation notice.\n","sortOrder":245},{"sectionNumber":"233","sectionType":"section","heading":"Licence—emergency cancellation","content":"233 Licence—emergency cancellation\n(1) Despite section 232, the Minister may, by written notice (an\nemergency cancellation notice), cancel a licence if satisfied on\nreasonable grounds that circumstances exist in relation to the licence\nthat give rise to an immediate risk of harm to the health or safety of\npeople for whom treatment, care or support is provided under the\nlicence.\n. (2) An emergency cancellation notice must state—\n(a) the reasons for the cancellation; and\n(b) the facts that form the basis for the reasons; and\n(c) the details of the emergency cancellation.\nExample—details\nhow and where the people who receive treatment, care or support under the\nlicence are to receive the treatment, care or support after the cancellation\n(3) The cancellation takes effect on the day after the day the emergency\ncancellation notice is given to the licensee.\n\nPrivate psychiatric facilities—enforcement Part 13.3\n","sortOrder":246},{"sectionNumber":"Part 13","sectionType":"part","heading":"3 Private psychiatric facilities—","content":"Part 13.3 Private psychiatric facilities—\nenforcement\n","sortOrder":247},{"sectionNumber":"234","sectionType":"section","heading":"Appointment of inspectors","content":"234 Appointment of inspectors\n(1) The director-general may appoint a person as an inspector for this\nchapter.\n(2) An inspector must exercise functions under this chapter in accordance\nwith the conditions of the appointment and any directions given to the\ninspector by the chief psychiatrist.\n","sortOrder":248},{"sectionNumber":"235","sectionType":"section","heading":"Identity cards","content":"235 Identity cards\n(1) The director-general must give an inspector an identity card stating\nthe person’s name and that the person is an inspector.\n(2) The identity card must show—\n(a) a recent photograph of the inspector; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if the person—\n(a) stops being an inspector; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but not later than 7 days) after the day the\nperson stops being an inspector.\nMaximum penalty: 1 penalty unit.\n\nPart 13.3 Private psychiatric facilities—enforcement\n","sortOrder":249},{"sectionNumber":"236","sectionType":"section","heading":"Powers of inspection","content":"236 Powers of inspection\n(1) An inspector may, at any reasonable time, enter licensed premises and\ndo 1 or more of the following in relation to the premises or anything\nat the premises:\n(a) inspect the premises and equipment used at the premises in\nconnection with the treatment, care or support of a person;\n(b) inspect any book, document or other record that is in the\npossession of the occupier of the premises, or to which the\noccupier has access, relating to the conduct of the private\npsychiatric facility at the premises;\n(c) require the occupier of the premises to give the inspector, within\na reasonable time, a copy of any information, book, document\nor other record that is in the possession of the occupier, or to\nwhich the occupier has access, relating to the conduct of the\nprivate psychiatric facility at the premises.\nNote The Legislation Act, s 170 deals with the application of the privilege\nagainst self-incrimination.\n(2) An inspector who enters licensed premises under subsection (1) is not\nauthorised to remain on the premises if, when asked to do so by the\noccupier of the premises, the inspector does not show the inspector’s\nidentity card to the occupier.\n(3) A person is not required to give records to an inspector under\nsubsection (1) (c) if, when asked to do so by the person, the inspector\ndoes not show the inspector’s identity card to the person.\noccupier, of licensed premises, includes—\n(a) a person reasonably believed to be an occupier of the licensed\npremises; and\n(b) a person apparently in charge of the licensed premises.\n\nPrivate psychiatric facilities—enforcement Part 13.3\n","sortOrder":250},{"sectionNumber":"237","sectionType":"section","heading":"Failing to comply with requirement of inspector","content":"237 Failing to comply with requirement of inspector\nA person commits an offence if—\n(a) an inspector requires the person to give the inspector a copy of\nany information, book, document or other record under\nsection 236 (1) (c); and\n(b) the person fails to comply with the requirement, within the time\nrequired.\n\n","sortOrder":251},{"sectionNumber":"238","sectionType":"section","heading":"Establishment of mental health advisory council","content":"238 Establishment of mental health advisory council\nThe mental health advisory council is established.\n","sortOrder":252},{"sectionNumber":"239","sectionType":"section","heading":"Functions of mental health advisory council","content":"239 Functions of mental health advisory council\nThe mental health advisory council has the following functions:\n(a) advising the Minister about—\n(i) emerging or urgent mental health issues; and\n(ii) mental health service reforms; and\n(iii) mental health policy; and\n(iv) mental health legislative change; and\n(v) anything else in relation to mental health requested by the\nMinister;\n(b) any other function given to the council under this Act.\n","sortOrder":253},{"sectionNumber":"240","sectionType":"section","heading":"Membership of mental health advisory council","content":"240 Membership of mental health advisory council\n(1) The mental health advisory council is made up of at least 5, and not\nmore than 7, members appointed by the Minister.\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n\nMental health advisory council Chapter 14\n(2) In appointing members to the mental health advisory council, the\nMinister must, unless it is not reasonably practicable, ensure that the\ncouncil includes—\n(a) someone who is or has been a person with a mental disorder or\nmental illness; and\n(b) someone who is or has been a carer of a person with a mental\ndisorder or mental illness; and\n(c) someone with experience or expertise in primary mental health;\nand\n(d) someone with current knowledge of scientific, evidence-based\nmental health research and practice; and\n(e) someone with experience or expertise in mental health\npromotion and mental illness prevention and treatment, care or\n(3) A person must be appointed to the mental health advisory council for\nnot longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n","sortOrder":254},{"sectionNumber":"241","sectionType":"section","heading":"Procedures of mental health advisory council","content":"241 Procedures of mental health advisory council\n(1) Meetings of the mental health advisory council are to be held when\nand where it decides.\n(2) However, the mental health advisory council must meet at least once\neach quarter.\n(3) The mental health advisory council may conduct its proceedings\n(including its meetings) as it considers appropriate.\n(4) The mental health advisory council may publish its considerations as\nit considers appropriate.\n\n","sortOrder":255},{"sectionNumber":"Part 15","sectionType":"part","heading":"Interstate application of mental","content":"Chapter 15 Interstate application of mental\nhealth laws\n","sortOrder":256},{"sectionNumber":"242","sectionType":"section","heading":"Purpose—ch 15","content":"242 Purpose—ch 15\nThe purpose of this chapter is to provide for—\n(a) the apprehension of people who are subject to certain interstate\nwarrants or orders, or may otherwise be apprehended, under\nmental health legislation; and\n(b) the interstate transfer of people under mental health legislation;\nand\n(c) the treatment, care or support in the ACT of people subject to\nmental health orders or similar orders made in other States; and\n(d) the interstate operation of certain mental health orders.\n","sortOrder":257},{"sectionNumber":"243","sectionType":"section","heading":"Definitions—ch 15","content":"243 Definitions—ch 15\nauthorised officer means—\n(a) an authorised ambulance paramedic; or\n(b) a doctor; or\n(c) a mental health officer; or\n(d) a police officer.\ncommunity care service means a service in the ACT that provides\ntreatment, care or support for a person with a mental disorder who is\nliving in the community.\n\nPreliminary Part 15.1\ncorresponding law—\n(a) means a law of another State that provides for the treatment, care\nor support of a person with a mental disorder or mental illness;\nand\n(b) includes a law of another State prescribed by regulation.\ninterstate authorised person means a person prescribed by\nregulation.\ninterstate community care facility means a facility in another State\nthat, under a corresponding law, provides treatment, care or support\nfor a person with a mental disorder.\nNote See s 9 (Meaning of mental disorder).\ninterstate community care service means a service in another State\nthat, under a corresponding law, provides treatment, care or support\nfor a person with a mental disorder who is living in the community.\ninterstate involuntary treatment order means an order made under a\ncorresponding law for the involuntary treatment of a person with a\nmental disorder or mental illness at an interstate mental health facility\nor in the community.\ninterstate mental health facility means a hospital or other mental\nhealth facility in another State to which a person may be admitted\nunder a corresponding law for treatment, care or support for mental\ninterstate mental health service means a service in another State that,\nunder a corresponding law, provides treatment, care or support for a\nperson with mental illness who is living in the community.\ninterstate patient means a person who is subject to an interstate\ninvoluntary treatment order.\nmental health service means a service in the ACT that provides\ntreatment, care or support for a person with mental illness who is\nliving in the community.\n\n","sortOrder":258},{"sectionNumber":"244","sectionType":"section","heading":"Authority to enter into agreements","content":"244 Authority to enter into agreements\n(1) The Minister may enter into an agreement with a Minister of another\nState about any matter relating to the operation of this chapter or a\ncorresponding law.\n(2) An agreement is a notifiable instrument.\n","sortOrder":259},{"sectionNumber":"245","sectionType":"section","heading":"Authorised officer and interstate authorised person may","content":"245 Authorised officer and interstate authorised person may\nexercise certain functions\n(1) An authorised officer or an interstate authorised person may, in\nrelation to an interstate patient in the ACT, exercise any function\nconferred on the officer or person under a corresponding law or under\nan interstate involuntary treatment order.\n(2) A regulation may impose limits on—\n(a) the people who may act under this section; and\n(b) the treatment that may be given or functions that may be\nexercised under this section.\n","sortOrder":260},{"sectionNumber":"246","sectionType":"section","heading":"Medication for person being transferred","content":"246 Medication for person being transferred\n(1) A person being transferred under this chapter may be given\nmedication by an appropriately trained person if the appropriately\ntrained person believes on reasonable grounds that—\n(a) giving the medication is in the best interests of the safe and\neffective treatment, care or support of the person; and\n(b) the medication has been prescribed by a doctor.\n(2) Details about medication given under this section must be included in\nthe person’s record.\n\nApprehension of people in breach of certain orders Part 15.2\nPart 15.2 Apprehension of people in\nbreach of certain orders\n","sortOrder":261},{"sectionNumber":"247","sectionType":"section","heading":"Apprehension of interstate patient in breach of interstate","content":"247 Apprehension of interstate patient in breach of interstate\ninvoluntary treatment order\n(1) An interstate patient who is in breach of an interstate involuntary\ntreatment order may be apprehended in the ACT if—\n(a) the interstate patient would be subject to apprehension under a\ncorresponding law of the State that issued the interstate\ninvoluntary treatment order for the patient; or\n(b) a warrant or other document issued under a corresponding law\nauthorises the apprehension of the patient.\n(2) A person may be apprehended under this section by—\n(3) A person who apprehends an interstate patient under this section must\nas soon as reasonably practicable—\n(a) tell the patient the reason for the apprehension; and\n(b) ensure that the patient has adequate opportunity and assistance\nto notify a relative or friend of the apprehension; and\n(c) tell an interstate mental health facility in the State that issued the\ninterstate involuntary treatment order about the apprehension;\nand\n\nPart 15.2 Apprehension of people in breach of certain orders\n(d) transfer the patient to—\n(i) an interstate mental health facility in the State that issued\nthe interstate involuntary treatment order for the patient; or\n(ii) an approved mental health facility to determine whether\nthe patient requires treatment before being transferred.\n","sortOrder":262},{"sectionNumber":"248","sectionType":"section","heading":"Apprehension of person in breach of mental health order","content":"248 Apprehension of person in breach of mental health order\nor forensic mental health order\n(1) A person (an ACT patient) who is in breach of a mental health order\nor forensic mental health order may be apprehended in another State\nif—\n(a) the ACT patient would be subject to apprehension under this Act\nif the patient were in the ACT; and\n(b) the apprehension is allowed under a corresponding law of the\nother State.\n(2) The ACT patient may be apprehended in the other State by—\n(3) A person who apprehends an ACT patient under this section must as\nsoon as reasonably practicable—\n(a) tell the patient the reason for the apprehension; and\n(b) transfer the patient to—\n(i) an approved mental health facility or approved community\ncare facility in the ACT; or\n(ii) an interstate mental health facility to determine whether the\npatient requires treatment before being transferred.\n\nApprehension of people in breach of certain orders Part 15.2\n(4) As soon as reasonably practicable after an ACT patient is transferred\nunder subsection (3) (b) (i), the person in charge of the facility must—\n(a) ensure that the patient has adequate opportunity and assistance\nto notify a relative or friend of the apprehension and transfer;\nand\n(b) take all reasonable steps to tell at least 1 of the following of the\napprehension and transfer:\n(i) if the patient has a nominated person—the nominated\n(ii) if the patient has a guardian under the Guardianship and\n(iii) if the patient has an attorney under the Powers of Attorney\nsupport of the patient—the health attorney;\n(v) if the patient is a child—a person with parental\nPeople Act 2008.\n\nPart 15.3 Transfer of certain people from\nACT\n","sortOrder":263},{"sectionNumber":"249","sectionType":"section","heading":"Interstate transfer—person under psychiatric treatment","content":"249 Interstate transfer—person under psychiatric treatment\norder or community care order\n(a) a psychiatric treatment order or a community care order is in\nforce in relation to a person; and\n(b) the person is receiving treatment, care or support under the\norder—\n(i) in an approved mental health facility or from a mental\nhealth service; or\n(ii) in an approved community care facility or from a\n(2) The relevant person may apply to the ACAT for an interstate transfer\norder if the relevant person believes on reasonable grounds that the\nACAT could reasonably make the order under subsection (5).\n(3) The ACAT must hear and decide the application as soon as\npracticable.\n(4) Before making an interstate transfer order in relation to a person, the\nACAT must take into account—\n(a) the views and wishes of the person in relation to the proposed\norder, so far as they can be found out; and\n(b) as far as practicable, the views in relation to the proposed order\nof the following:\n\n(vi) if the person has a carer—the carer.\n(5) The ACAT may make an interstate transfer order if—\n(a) the ACAT believes on reasonable grounds that the order is in the\nbest interests of the safe and effective treatment, care or support\nof the person; and\n(i) transferring the person to an interstate mental health\nfacility or interstate community care facility is allowed\nunder a corresponding law; or\n(ii) transferring the responsibility to provide treatment, care or\nsupport for the person to an interstate mental health service\nor interstate community care service is allowed under a\ncorresponding law; and\n(c) the person in charge of the interstate facility or service agrees to\nthe transfer.\n(6) As soon as practicable after making an order under subsection (5), the\nACAT must—\n(a) give a copy of the order to—\n(ii) the chief psychiatrist; and\n\n(iii) the person in charge of the interstate mental health facility\nor service; and\nsubsection (4) (b) that an order has been made.\n(7) When the chief psychiatrist is given a copy of the order under\nsubsection (6), the chief psychiatrist must ensure that a copy of the\nperson’s record is given to the person in charge of the interstate\nmental health facility or service.\n(8) A person may be taken to an interstate mental health facility or service\nunder an order under subsection (5) by—\ninterstate transfer order means an order to—\n(a) transfer a person to an interstate mental health facility or an\ninterstate community care facility; or\n(b) transfer the responsibility to provide treatment, care or support\nfor a person to an interstate mental health service or interstate\nrelevant person, means—\n(a) if a psychiatric treatment order is in force in relation to a\nperson—the chief psychiatrist; or\n(b) if a community care order is in force in relation to a person—the\ncare coordinator.\n\n","sortOrder":264},{"sectionNumber":"250","sectionType":"section","heading":"Interstate transfer—person under forensic psychiatric","content":"250 Interstate transfer—person under forensic psychiatric\ntreatment order or forensic community care order\n(a) a forensic psychiatric treatment order or a forensic community\ncare order is in force in relation to a person; and\n(b) the person is receiving treatment, care or support under the\norder—\n(i) in an approved mental health facility or from a mental\nhealth service; or\n(ii) in an approved community care facility or from a\n(2) The relevant person may apply to the ACAT for an interstate transfer\norder if the relevant person believes on reasonable grounds that the\nACAT could reasonably make the order under subsection (5).\n(3) The ACAT must hear and decide the application as soon as\npracticable.\n(4) Before making an interstate transfer order in relation to a person, the\nACAT must take into account—\n(a) the views and wishes of the person in relation to the proposed\norder, so far as they can be found out; and\n(b) as far as practicable, the views in relation to the proposed order\nof the following:\n\n(vi) if the person is a detainee, a person released on licence, or\na person serving a community-based sentence—the\ncorrections director-general;\n(vii) if the person is covered by a bail order that includes a\nAct 1992, section 25 (4) (e) or section 25A—the director-\ngeneral responsible for the supervision of the person under\nthe Bail Act 1992;\n(viii) if the person is a child covered by a bail order that includes\n(ix) if the person is a young detainee or a young offender\n(x) if the person has a carer—the carer.\n(5) The ACAT may make an interstate transfer order if—\n(a) the ACAT believes on reasonable grounds that the proposed\norder is in the best interests of the safe and effective treatment,\ncare or support of the person; and\n(i) transferring the person to an interstate mental health\nfacility or interstate community care facility is allowed\nunder a corresponding law; or\n\n(ii) transferring the responsibility to provide treatment, care or\nsupport for the person to an interstate mental health service\nor interstate community care service is allowed under a\ncorresponding law; and\n(c) the person in charge of the interstate facility or service agrees to\nthe transfer.\n(6) As soon as practicable after making an order under subsection (5), the\nACAT must—\n(a) give a copy of the order to—\n(ii) the relevant person; and\n(iii) the person in charge of the interstate facility or service; and\nsubsection (4) (b) that an order has been made.\n(7) When the relevant person is given a copy of the order under\nsubsection (6), the relevant person must ensure that a copy of the\nperson’s record is given to the person in charge of the interstate\nfacility or service.\n(8) A person may be taken to an interstate facility or service under an\norder under subsection (5) by—\ninterstate transfer order means an order to—\n(a) transfer a person to an interstate mental health facility or an\ninterstate community care facility; or\n\n(b) transfer the responsibility to provide treatment, care or support\nfor a person to an interstate mental health service or interstate\nrelevant person, means—\n(a) if a forensic psychiatric treatment order is in force in relation to\na person—the chief psychiatrist; or\n(b) if a forensic community care order is in force in relation to a\nperson—the care coordinator.\n","sortOrder":265},{"sectionNumber":"251","sectionType":"section","heading":"Transfer to interstate mental health facility—emergency","content":"251 Transfer to interstate mental health facility—emergency\ndetention\n(a) a person is detained under chapter 6 (Emergency detention); and\n(b) the person is being assessed or receiving treatment, care or\nsupport under that chapter.\n(2) The chief psychiatrist may direct that the person be transferred to an\ninterstate mental health facility if—\n(a) the chief psychiatrist believes on reasonable grounds that the\ntransfer is in the best interests of the safe and effective treatment,\ncare or support of the person; and\n(b) transferring the person to an interstate mental health facility is\nallowed under a corresponding law; and\n(c) the person in charge of the interstate mental health facility\nagrees to the transfer.\n\n(3) Before giving a direction under subsection (2), the chief psychiatrist\n(a) as far as practicable, notify the following that a direction under\nthis section is being considered:\n(vi) if the person has a legal representative—the person’s legal\nrepresentative;\n(vii) if the person has a carer—the carer; and\n(b) take into account—\n(i) the views and wishes of the person in relation to the\nproposed direction, so far as they can be found out; and\n(ii) as far as practicable, the views in relation to the proposed\ndirection of the people notified under paragraph (a).\n(4) As soon as practicable after giving a direction under subsection (2),\nthe chief psychiatrist must—\n(a) give a copy of the direction to—\n\n(ii) the person in charge of the interstate mental health facility;\nand\nsubsection (3) (a) that a direction has been given; and\n(c) ensure that a copy of the person’s record is given to the person\nin charge of the interstate mental health facility.\n(5) A person may be taken to an interstate mental health facility under a\ndirection under subsection (2) by—\n","sortOrder":266},{"sectionNumber":"252","sectionType":"section","heading":"Interstate transfer—when ACT order stops applying","content":"252 Interstate transfer—when ACT order stops applying\nIf a person or responsibility for a person is transferred under this part,\nthe person stops being subject to a psychiatric treatment order or\ncommunity care order made under this Act if—\n(a) the person is admitted to an interstate mental health facility or\nan interstate community care facility; or\n(b) the person is accepted into the care of an interstate mental health\nservice or an interstate community care service; or\n(c) an interstate involuntary treatment order is made in relation to\n\nTransfer of certain people to ACT Part 15.4\n","sortOrder":267},{"sectionNumber":"253","sectionType":"section","heading":"Transfer of interstate patient to approved mental health","content":"253 Transfer of interstate patient to approved mental health\n(1) An application may be made to the chief psychiatrist for an interstate\npatient, who is subject to an interstate involuntary treatment order that\nallows for detention at an interstate mental health facility, to transfer\nthe interstate patient to an approved mental health facility in the ACT.\n(2) The chief psychiatrist may agree to the transfer if the chief\npsychiatrist believes on reasonable grounds that the transfer to the\nACT is—\nsupport of the interstate patient; and\n","sortOrder":268},{"sectionNumber":"254","sectionType":"section","heading":"Transfer of responsibility to provide treatment, care or","content":"254 Transfer of responsibility to provide treatment, care or\nsupport in the community for interstate patient\n(1) An application may be made to the chief psychiatrist to transfer the\nresponsibility to provide treatment, care or support for an interstate\npatient, who is subject to an interstate involuntary treatment order that\nallows treatment in the community, to the chief psychiatrist.\n(2) The chief psychiatrist may agree to the transfer if the chief\npsychiatrist believes on reasonable grounds that the transfer of\nresponsibility is—\nsupport of the interstate patient; and\n\n","sortOrder":269},{"sectionNumber":"255","sectionType":"section","heading":"Transfer of person apprehended in another State to","content":"255 Transfer of person apprehended in another State to\napproved mental health facility\n(1) A person apprehended in another State under a corresponding law\nmay be taken to an approved mental health facility in the ACT by an\nauthorised officer or interstate authorised person if the authorised\nofficer or person believes on reasonable grounds that being taken to\nan approved mental health facility in the ACT is—\nsupport of the person; and\n(2) Chapter 6 (Emergency detention) applies in relation to a person who\nis apprehended under this section, as if the person had been\napprehended under section 80 (Apprehension).\n\nInterstate operation of certain orders Part 15.5\nPart 15.5 Interstate operation of certain\n","sortOrder":270},{"sectionNumber":"256","sectionType":"section","heading":"Mental health order relating to interstate person","content":"256 Mental health order relating to interstate person\n(1) A mental health order under this Act may be made in relation to a\nperson even though the person does not usually live in the ACT, if—\n(a) the facility or service providing treatment, care or support to the\nperson is located in the ACT; and\n(b) the order is allowed under a corresponding law of the State in\nwhich the person usually lives.\n(2) However, a restriction order mentioned in section 60 (Criteria for\nmaking restriction order with psychiatric treatment order) may only\nbe made for a person who does not usually live in the ACT in relation\nto the person’s actions within the ACT.\n","sortOrder":271},{"sectionNumber":"257","sectionType":"section","heading":"Implementing interstate involuntary treatment order for","content":"257 Implementing interstate involuntary treatment order for\ntemporary ACT resident\n(1) This section applies in relation to a person who—\n(a) temporarily lives in the ACT; and\n(b) is subject to an interstate involuntary treatment order that makes\nprovision for treatment, care or support in the community.\n(2) The person may be given treatment, care or support in the ACT under\nthe interstate involuntary treatment order if the chief psychiatrist is\nsatisfied on reasonable grounds that—\n(b) the person accepts the treatment, care or support; and\n(c) treatment, care or support in the ACT—\n(i) is expected to be needed for a period of not more than\n4 weeks at a time; and\n\nPart 15.5 Interstate operation of certain orders\n(ii) is in the best interests of the person.\n(3) Treatment, care or support under subsection (2) may be given by—\n(a) an authorised officer if allowed to do so under a corresponding\nlaw of the State that issued the interstate involuntary treatment\n\nNotification and review of decisions Chapter 16\n","sortOrder":272},{"sectionNumber":"Part 16","sectionType":"part","heading":"Notification and review of","content":"Chapter 16 Notification and review of\ndecisions\n","sortOrder":273},{"sectionNumber":"258","sectionType":"section","heading":"Meaning of reviewable decision—ch 16","content":"258 Meaning of reviewable decision—ch 16\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":274},{"sectionNumber":"259","sectionType":"section","heading":"Reviewable decision notices","content":"259 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":275},{"sectionNumber":"260","sectionType":"section","heading":"Applications for review","content":"260 Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":276},{"sectionNumber":"261","sectionType":"section","heading":"Approval of mental health facilities","content":"261 Approval of mental health facilities\n(1) The Minister may approve a facility as a mental health facility for this\nAct.\n(2) An approval is a notifiable instrument.\nNote Power to make a statutory instrument includes power to make different\nprovision for different categories (see Legislation Act, s 48).\n","sortOrder":277},{"sectionNumber":"262","sectionType":"section","heading":"Approval of community care facilities","content":"262 Approval of community care facilities\n(1) The Minister may approve a facility as a community care facility for\nthis Act.\n(2) Before approving a community care facility, the Minister must\nconsult with any other Minister responsible for the operation of the\n(3) An approval is a notifiable instrument.\nNote Power to make a statutory instrument includes power to make different\nprovision for different categories (see Legislation Act, s 48).\n","sortOrder":278},{"sectionNumber":"263","sectionType":"section","heading":"Powers of entry and apprehension","content":"263 Powers of entry and apprehension\n(1) This section applies to a person (an authorised person) who is\nauthorised to apprehend, remove, detain or take a person to a place\nunder any of the following provisions:\n(a) section 44 (Executing removal order);\n(b) section 77 (Contravention of mental health order);\n(c) section 78 (Contravention of mental health order—absconding\nfrom facility);\n(d) section 80 (Apprehension);\n(e) section 120 (Revocation of leave granted by ACAT);\n\n(f) section 123 (Revocation of leave granted by relevant official);\n(g) section 124 (Contravention of forensic mental health order);\n(h) section 125 (Contravention of forensic mental health order—\nabsconding from facility);\n(i) section 144 (Revocation of leave for correctional patients);\n(j) section 144D (Power to apprehend if person escapes from secure\nmental health facility);\n(k) section 247 (Apprehension of interstate patient in breach of\ninterstate involuntary treatment order);\n(l) section 248 (Apprehension of person in breach of mental health\norder or forensic mental health order);\n(m) section 249 (Interstate transfer—person under psychiatric\ntreatment order or community care order);\n(n) section 250 (Interstate transfer—person under forensic\npsychiatric treatment order or forensic community care order);\n(o) section 251 (Transfer to interstate mental health facility—\nemergency detention);\n(p) section 255 (Transfer of person apprehended in another State to\napproved mental health facility).\n(2) The authorised person—\n(a) may, with necessary and reasonable assistance and minimum\nforce, enter any premises to apprehend, remove or take the\nperson to a place; and\n(b) may use necessary and reasonable assistance to enter premises\nand apprehend the person; and\n(c) must use the minimum amount of force necessary to apprehend\nthe person and remove the person to—\n(i) an approved mental health facility; or\n\n(ii) another place where the person may be detained for\n","sortOrder":279},{"sectionNumber":"264","sectionType":"section","heading":"Powers of search and seizure","content":"264 Powers of search and seizure\n(1) This section applies to a person (an authorised person) who is\nauthorised to apprehend, remove, detain or take a person to a place\nunder any of the following provisions:\n(a) section 44 (Executing removal order);\n(b) section 65 (Powers in relation to psychiatric treatment order);\n(c) section 73 (Powers in relation to community care order);\n(d) section 77 (Contravention of mental health order);\n(e) section 78 (Contravention of mental health order—absconding\nfrom facility);\n(f) section 80 (Apprehension);\n(g) section 85 (Authorisation of involuntary detention);\n(h) section 107 (Powers in relation to forensic psychiatric treatment\n(i) section 114 (Powers in relation to forensic community care\n(j) section 120 (Revocation of leave granted by ACAT);\n(k) section 123 (Revocation of leave granted by relevant official);\n(l) section 124 (Contravention of forensic mental health order);\n(m) section 125 (Contravention of forensic mental health order—\nabsconding from facility);\n(n) section 144 (Revocation of leave for correctional patients);\n(o) section 144D (Power to apprehend if person escapes from secure\nmental health facility);\n\n(p) section 247 (Apprehension of interstate patient in breach of\ninterstate involuntary treatment order);\n(q) section 248 (Apprehension of person in breach of mental health\norder or forensic mental health order);\n(r) section 249 (Interstate transfer—person under psychiatric\ntreatment order or community care order);\n(s) section 250 (Interstate transfer—person under forensic\npsychiatric treatment order or forensic community care order);\n(t) section 251 (Transfer to interstate mental health facility—\nemergency detention);\n(u) section 255 (Transfer of person apprehended in another State to\napproved mental health facility).\n(2) The authorised person—\n(a) may carry out a scanning search, frisk search or ordinary search\nof the person if there are reasonable grounds for believing that\nthe person is carrying anything—\n(i) that would present a danger to the authorised person or\nanother person; or\n(ii) that could be used to assist the person to escape the\nauthorised person’s custody; and\n(b) may seize and detain a thing found in a search conducted under\nparagraph (a).\n(3) The authorised person must make a written record of anything seized\nunder this section.\n\n(4) A thing seized under this section must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, unless—\n(a) a prosecution for an offence against a territory law in connection\nwith the thing is begun within 1 year after the day the seizure is\nmade and the thing is required to be produced in evidence in the\nprosecution; or\n(b) an application for the forfeiture of the thing is made to a court\nunder the Confiscation of Criminal Assets Act 2003 or another\nterritory law within 1 year after the day the seizure is made; or\n(c) all proceedings in relation to the offence with which the seizure\nwas connected have ended and the court has not made an order\nabout the thing.\n(5) However, subsection (4) does not apply to a thing if the authorised\nperson believes on reasonable grounds that—\n(a) the only practical use of the thing in relation to the premises\nwhere it was seized would be an offence against this Act; or\n(b) possession of the thing would be an offence; or\n(c) possession of the thing would present a serious risk or threat to\na person.\nfrisk search means—\n(a) a search of a person conducted by quickly running the hands\nover the person’s outer garments; and\n(b) an examination of anything worn or carried by the person that is\nconveniently and voluntarily removed by the person.\n\nordinary search means a search of a person, or of articles in a\nperson’s possession, that may include—\n(a) requiring the person to remove the person’s overcoat, coat or\njacket and any gloves, shoes, hat or bag; and\n(b) an examination of those items.\nscanning search means a search of a person by electronic or other\nmeans that does not require the person to remove the person’s\nclothing or to be touched by someone else.\n","sortOrder":280},{"sectionNumber":"265","sectionType":"section","heading":"Protection of officials from liability","content":"265 Protection of officials from liability\n(1) An official is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\nconduct means an act or omission to do an act.\nofficial means—\n(a) the chief psychiatrist; or\n(b) the care coordinator; or\n(c) a mental health officer; or\n\n(d) anyone else exercising a function under this Act.\nNote 1 An official visitor exercising a function under this Act is protected from\ncivil liability by the Official Visitor Act 2012, s 24.\nNote 2 A reference to an Act includes a reference to the statutory instruments\n","sortOrder":281},{"sectionNumber":"266","sectionType":"section","heading":"Report and record of use of restraint etc","content":"266 Report and record of use of restraint etc\n(a) an authorised person exercises a power under section 263 or\nsection 264 in relation to a person (the subject person); and\n(b) in the course of exercising the power the authorised person—\n(i) restrains, involuntary secludes or forcibly gives medication\nto the subject person; or\n(ii) becomes aware of anything else that may have an adverse\neffect on the subject person’s physical or mental health;\nand\n(c) the subject person is taken to a facility.\n(2) The authorised person must give a report about the matter mentioned\nin subsection (1) (b) to the person in charge of the facility.\n(3) The person in charge of the facility must—\n(a) enter the report in the subject person’s record; and\n(b) if the facility is a community care facility or mental health\nfacility—keep a register of any restraint, involuntary seclusion\nor forcible giving of medication included in the report.\nfacility means a community care facility, mental health facility and\nan interstate facility.\n\ninterstate facility means an interstate community care facility and an\ninterstate mental health facility under chapter 15 (Interstate\napplication of mental health laws).\n","sortOrder":282},{"sectionNumber":"267","sectionType":"section","heading":"Appeals from ACAT to Supreme Court","content":"267 Appeals from ACAT to Supreme Court\n(1) An appeal to the Supreme Court from a decision of the ACAT in a\nproceeding may be brought by—\n(a) someone in relation to whom the decision was made; or\n(b) someone who appeared, or was entitled to appear under\nsection 190 (1) (Appearance), before the ACAT in the\nproceeding; or\n(c) the discrimination commissioner; or\n(d) anyone else with the court’s leave.\nNote See the ACT Civil and Administrative Tribunal Act 2008, pt 8.\n(2) The Magistrates Court Act 1930, section 214 (3) and (4) (Appeals in\ncases other than civil cases) applies in relation to an appeal under this\nsection as if it were an appeal mentioned in that Act, section 214 (1).\n(3) The ACT Civil and Administrative Tribunal Act 2008, section 86\n(Appeal to Supreme Court) and section 87 (Sending documents and\nthings to Supreme Court) do not apply to a decision or appeal to\nwhich this section applies.\n","sortOrder":283},{"sectionNumber":"268","sectionType":"section","heading":"Relationship with Guardianship and Management of","content":"268 Relationship with Guardianship and Management of\nProperty Act\n(1) Despite anything in the Guardianship and Management of Property\nAct 1991 or an order appointing a guardian, a guardian appointed for\na person under that Act—\n(a) is not entitled to give consent to electroconvulsive therapy or\npsychiatric surgery; and\n\n(b) if the person is subject to a community care order—is not\nentitled to decide anything for the person contrary to any\ndeterminations or decisions made in relation to the person by the\ncare coordinator under the community care order (or any related\nrestriction order).\n(2) Despite anything in the Guardianship and Management of Property\nAct 1991, section 70 (ACAT may consent to prescribed medical\nprocedures), the ACAT must not, while exercising its jurisdiction\nunder the Act—\n(a) make an order in relation to any consent to electroconvulsive\ntherapy or psychiatric surgery; and\n(b) make an order in relation to a person contrary to any community\ncare order (or restriction order) made in relation to the person.\nNote In certain circumstances a guardian can consent to a person’s treatment,\ncare or support for mental illness (see Guardianship and Management of\nProperty Act 1991, s 70A).\n","sortOrder":284},{"sectionNumber":"269","sectionType":"section","heading":"Relationship with Powers of Attorney Act","content":"269 Relationship with Powers of Attorney Act\nDespite anything in the Powers of Attorney Act 2006 or an instrument\ncreating a power of attorney, an attorney of a person appointed under\na power of attorney under that Act—\n(a) is not entitled to give consent to electroconvulsive therapy or\npsychiatric surgery; and\n(b) if the person is subject to a community care order—is not\nentitled to decide anything for the person contrary to any\ndeterminations or decisions made in relation to the person by the\ncare coordinator under the community care order (or any related\nrestriction order).\nNote In certain circumstances an attorney can consent to a person’s treatment,\ncare or support for mental illness (see Powers of Attorney Act 2006,\ns 46A).\n\n","sortOrder":285},{"sectionNumber":"270","sectionType":"section","heading":"Certain rights unaffected","content":"270 Certain rights unaffected\nNothing in this Act prevents a person in relation to whom no ACAT\norder is in force—\n(a) refusing to receive particular treatment, care or support at a\nmental health facility; or\n(b) discharging himself or herself from the facility.\n","sortOrder":286},{"sectionNumber":"271A","sectionType":"section","heading":"Reviews by Minister and director-general","content":"271A Reviews by Minister and director-general\n(1) The Minister must invite public submissions and review the operation\nof the following provisions of this Act not earlier than 5 years and not\nlater than 6 years after the day this section commences:\n(a) section 58 (Psychiatric treatment order);\n(b) section 66 (Community care order);\n(c) section 101 (Forensic psychiatric treatment order);\n(d) section 102 (Content of forensic psychiatric treatment order);\n(e) section 108 (Forensic community care order).\n(2) The Minister must present a report of the review under subsection (1)\nto the Legislative Assembly not later than 2 years after the day the\nreview commences.\n(3) The director-general must invite public submissions and review the\noperation of the following provisions of this Act not earlier than\n5 years and not later than 6 years after the day this section\ncommences:\n(a) section 56 (What ACAT must take into account—mental health\n(b) section 77 (Contravention of mental health order);\n(c) section 80 (Apprehension);\n(d) section 127 (Definitions—pt 7.2), definition of forensic patient;\n\n(e) section 134 (Disclosures to registered affected people);\n(f) section 180 (Review of detention under court order);\n(g) section 182 (Review of conditions of release);\n(h) section 188 (Notice of hearing);\n(i) section 190 (Appearance);\n(j) section 198A (Chief psychiatrist may make guidelines).\n(4) The director-general must give a report of the review under\nsubsection (3) to the Minister not later than 2 years after the day the\nreview commences.\n(5) Subsections (1) to (4) and this subsection expire 9 years after the day\nthis section commences.\n","sortOrder":287},{"sectionNumber":"272","sectionType":"section","heading":"Determination of fees","content":"272 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":288},{"sectionNumber":"274","sectionType":"section","heading":"Regulation-making power","content":"274 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\n","sortOrder":289},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see ch 16)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 121 refuse to grant leave applicant for leave\n2 122 refuse to grant leave applicant for leave\n3 123 revoke leave applicant for leave\n4 143 refuse to grant leave applicant for leave\n5 144 revoke leave applicant for leave\n6 226 refuse to issue licence applicant for licence\n7 227 refuse to renew licence applicant for renewal of\n8 228 refuse to transfer\nlicensee\nproposed new licensee\n9 229 amend licence licensee\n10 230 refuse to amend\nlicensee\n11 232 cancel licence licensee\n12 233 cancel licence licensee\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• adult\n• chief officer (ambulance service)\n• chief police officer\n• child\n• correctional centre\n• corrections officer\n• detention place\n• director-general (see s 163)\n• director of public prosecutions\n• discrimination commissioner\n• doctor\n• domestic partner (see s 169 (1))\n• expire\n• integrity commission\n• lawyer\n• Magistrates Court\n• nurse\n• nurse practitioner\n• parent\n• police officer\n• proceeding\n• public advocate\n• registrar\n\n• reviewable decision notice\n• State\n• Supreme Court\n• victims of crime commissioner\n• writing.\nadvance agreement—see section 26.\nadvance consent direction—see section 27.\naffected person, in relation to a forensic patient—see section 128.\naffected person register, for part 7.2 (Affected people)—see\nsection 130.\napproved community care facility means a facility approved under\nsection 262.\napproved mental health facility means a facility approved under\nsection 261.\nassessment means a psychiatric or psychological assessment.\nassessment order means an order made under section 37.\nauthorised ambulance paramedic means a member of the ambulance\nservice—\n(a) employed as a paramedic; and\n(b) authorised by the chief officer (ambulance service) to apprehend\npeople with a mental disorder or mental illness.\nauthorised officer, for chapter 15 (Interstate application of mental\ncare and protection order—see the Children and Young People\nAct 2008, section 422.\ncare coordinator means the care coordinator appointed under\nsection 204.\ncarer—see section 12.\n\nchief psychiatrist means the Chief Psychiatrist appointed under\nsection 196.\nclose relative or close friend, of a person—see the Guardianship and\nManagement of Property Act 1991, section 32A.\ncommunity-based sentence—see the Crimes (Sentence\nAdministration) Act 2005, section 264.\ncommunity care facility—\n(a) means—\n(i) a facility, or part of a facility, for the treatment, care or\nsupport, protection, rehabilitation or accommodation of\npeople with a mental disorder; or\n(ii) a prescribed psychiatric facility or a prescribed part of a\npsychiatric facility; but\n(b) does not include a correctional centre or detention place.\ncommunity care order means an order made under section 66.\ncommunity care service, for chapter 15 (Interstate application of\nmental health laws)—see section 243.\ncoordinating director-general means the director-general appointed\nunder section 215.\ncorrectional patient—see section 135.\ncorrections director-general means the director-general responsible\nfor the Corrections Management Act 2007.\ncorrections order, for division 7.1.8 (Leave for detained people)—\nsee section 118.\ncorresponding law, for chapter 15 (Interstate application of mental\nCrimes Act means the Crimes Act 1900.\n\nCYP director-general means the director-general responsible for the\nChildren and Young People Act 2008.\ndecision-making capacity—see section 7.\ndetainee—see the Corrections Management Act 2007, section 6.\ndirector-general, for part 7.2 (Affected people)—see section 127.\nelectroconvulsive therapy—see section 145.\nelectroconvulsive therapy order—see section 145.\neligible person, for part 13.2 (Licences)—see section 223.\nemergency assessment order means an order made under section 39.\nemergency electroconvulsive therapy order—see section 145.\nentitled person—see section 208.\nforensic community care order means an order made under\nsection 108.\nforensic mental health order means a forensic psychiatric treatment\norder or a forensic community care order.\nforensic patient, for part 7.2 (Affected people)—see section 127.\nforensic psychiatric treatment order means an order made under\nsection 101.\nhealth attorney—see the Guardianship and Management of Property\nAct 1991, section 32B (1).\nhealth director-general, for part 8.4 (Leave for correctional\npatients)—see section 142A.\ninformation sharing entity, for part 12.5 (Sharing information—\ngovernment agencies)—see section 218.\ninformation sharing protocol, for part 12.5 (Sharing information—\ngovernment agencies)—see section 219.\n\ninformation statement means an information statement mentioned in\nsection 15 (1) (b).\ninspector, for chapter 13 (Private psychiatric facilities)—see\nintensive therapy order, for a child or young person—see the\nChildren and Young People Act 2008, section 532.\ninterim care and protection order—see the Children and Young\nPeople Act 2008, section 433.\ninterim intensive therapy order, for a child or young person—see the\nChildren and Young People Act 2008, section 543.\ninterstate authorised person, for chapter 15 (Interstate application of\nmental health laws)—see section 243.\ninterstate community care facility, for chapter 15 (Interstate\ninterstate community care service, for chapter 15 (Interstate\ninterstate involuntary treatment order, for chapter 15 (Interstate\ninterstate mental health facility, for chapter 15 (Interstate application\nof mental health laws)—see section 243.\ninterstate mental health service, for chapter 15 (Interstate application\nof mental health laws)—see section 243.\ninterstate patient, for chapter 15 (Interstate application of mental\nlicence, for chapter 13 (Private psychiatric facilities)—see\nlicensed premises, for chapter 13 (Private psychiatric facilities)—see\n\nlicensee, for chapter 13 (Private psychiatric facilities)—see\nmental disorder—see section 9.\nmental health facility—\n(a) means a facility for the treatment, care or support, rehabilitation\nor accommodation of people with a mental illness; and\n(b) includes a psychiatric facility.\nmental health officer means a person appointed as a mental health\nofficer under section 201.\nmental health order means a psychiatric treatment order, a community\ncare order or a restriction order.\nmental health professional means a doctor, nurse, psychiatrist,\npsychologist, social worker or therapist (including occupational\ntherapist) or other person who provides services for people with a\nmental disorder or mental illness.\nmental health service, for chapter 15 (Interstate application of mental\nmental illness—see section 10.\nmental impairment—see the Criminal Code, section 27.\nnominated person means a person nominated under section 19.\nnon-presidential member, of the ACAT—see the ACT Civil and\nAdministrative Tribunal Act 2008, dictionary.\nofficial visitor—see section 208.\npresident, of the ACAT—see the ACT Civil and Administrative\nTribunal Act 2008, dictionary.\npresidential member, of the ACAT—see the ACT Civil and\nAdministrative Tribunal Act 2008, dictionary.\n\nprivate psychiatric facility, for chapter 13 (Private psychiatric\nfacilities)—see section 222.\npsychiatric facility means—\n(a) a hospital or other facility conducted by the Territory for the\ntreatment, care, support, rehabilitation or accommodation of\npeople who have a mental illness; or\n(b) a private psychiatric facility licensed under chapter 13.\npsychiatric surgery—see section 145.\npsychiatric treatment order means an order made under section 58.\npsychiatrist means a doctor who—\n(a) is registered under the Health Practitioner Regulation National\nLaw (ACT) to practise in the specialty of psychiatry; or\n(b) meets the requirements prescribed by regulation.\npublish, for part 7.2 (Affected people)—see section 127.\nregistered affected person, in relation to a forensic patient—see\nsection 129.\nreferring officer, in relation to a person, means—\n(a) the police officer—\n(i) who arrests the person in connection with an offence; or\n(ii) who is satisfied that there are sufficient grounds on which\nto charge the person in connection with an offence; or\n(iii) who charges the person in connection with an offence; or\n(b) a member of the staff of the director of public prosecutions who\nis responsible for the prosecution of an offence against the\nperson; or\n\n(c) if the person is required to accept supervision by someone else\nas a condition of bail under the Bail Act 1992—that other person.\nNote Under the Bail Act 1992, s 25 (4) and s 26 (2), an adult may be\nsupervised by the corrections director-general and a child may be\nsupervised by the CYP director-general.\nrelative, in relation to a person, means a domestic partner, parent,\nguardian, grandparent, uncle, aunt, brother, sister, half-brother,\nhalf-sister, cousin or child (being a child over the age of 18 years) of\nNote Domestic partner—see the Legislation Act, s 169.\nrelevant director-general, for part 8.4 (Leave for correctional\npatients)—see section 142A.\nrelevant information, for part 12.5 (Sharing information—\ngovernment agencies)—see section 218.\nrelevant official—\n(a) for a mental health order, for chapter 5 (Mental health orders)—\nsee section 50; or\n(b) for a forensic mental health order, for part 7.1 (Forensic mental\nhealth orders)—see section 93.\nrelevant person—\n(a) for a mental health order application, for chapter 5 (Mental\nhealth orders)—see section 50; and\n(b) for a forensic mental health order application, for part 7.1\n(Forensic mental health orders)—see section 93.\nrepresentative, of a treating team, for part 3.3 (Advance agreements\nand advance consent directions)—see section 24.\nresponsible person, for part 3.1 (Rights in relation to information and\ncommunication)—see section 14.\nrestraint does not include the use of a spit hood.\n\nrestriction order means an order made under section 60 or section 68.\nreviewable decision, for chapter 16 (Notification and review of\ndecisions)—see section 258.\nsecure mental health facility—see the Mental Health (Secure\nFacilities) Act 2016, section 7.\nsubject person, for chapter 11 (ACAT procedural matters)—see\nsection 190.\ntransfer direction—see section 136 (3).\ntreating team, for a person with a mental disorder or mental illness,\nfor part 3.3 (Advance agreements and advance consent directions)—\nsee section 24.\ntreatment, care or support, for a mental disorder or mental illness—\n(a) means things done in the course of the exercise of professional\nskills to remedy the disorder or illness or lessen its ill effects or\nthe pain or suffering it causes; and\n(b) includes the giving of medication and counselling, training,\ntherapeutic and rehabilitation programs, care or support.\nExamples—rehabilitation support\n1 support to improve social confidence and integration\n2 assistance to improve work skills\nvisitable place—see section 208.\nyoung detainee—see the Children and Young People Act 2008,\nsection 95.\nyoung offender—see the Children and Young People Act 2008,\ndictionary.\nyoung person—see the Children and Young People Act 2008,\nsection 12.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nMental Health Act 2015 A2015-38\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))\nremainder commenced 1 March 2016 (s 2 (1) and see Mental Health\n(Treatment and Care) Act 1994 A2014-51, s 2 (as am by A2015-38\namdt 2.54))\nas amended by\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.28\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.28 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)\nA2016-28 sch 1 pt 1.6\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\nsch 1 pt 1.6 commenced 16 June 2016 (s 2 (1))\nMental Health Amendment Act 2016 A2016-32\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\ns 86, s 96, s 97, s 101 commenced 21 June 2016 (s 2 (2))\nremainder commenced 21 June 2016 (s 2 (1))\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.16 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.16 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\n\nLegislation history 3\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.9\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.9 commenced 11 October 2017 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.3\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.3 commenced 22 November 2018 (s 2 (1))\nIntegrity Commission Act 2018 A2018-52 sch 1 pt 1.16 (as am by\nA2019-18 s 4)\nnotified LR 11 December 2018\ns 1, s 2 commenced 11 December 2018 (LA s 75 (1))\nsch 1 pt 1.16 commenced 1 December 2019 (s 2 (2) (a) as am by\nA2019-18 s 4)\nIntegrity Commission Amendment Act 2019 A2019-18\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\ns 3, s 4 commenced 15 June 2019 (s 2 (1))\nNote This Act only amends the Integrity Commission Act 2018\nA2018-52.\nOfficial Visitor Amendment Act 2019 A2019-29 sch 1 pt 1.5\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\namdt 1.23 commenced 2 April 2020 (s 2 (1) and LA s 79)\nsch 1 pt 1.5 remainder commenced 3 October 2019 (s 2 (2))\n\nMental Health Amendment Act 2020 A2020-43\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\ns 7, s 8 commenced 12 February 2021 (s 2 (3))\nremainder commenced 28 August 2020 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 13\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 13 commenced 26 February 2021 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 1 pt 1.2, sch 3 pt 3.37\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 1 pt 1.2, sch 3 pt 3.37 commenced 23 June 2021 (s 2 (1))\nMental Health Amendment Act 2023 A2023-44\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nremainder commenced 16 November 2023 (s 2)\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 sch 1 pt 1.8\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nsch 1 pt 1.8 commenced 27 March 2024 (s 2 (2) (a))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.63, sch 4\npt 4.126\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.63, sch 4 pt 4.126 commenced 26 November 2025 (s 2 (3),\n(9))\n\ns 2 orig s 2\nom LA s 89 (4)\npres s 2\n(prev s 3) renum as s 2 R1 LA (see A2015-38 amdt 2.55)\nNotes\ns 3 orig s 3\nrenum as s 2\npres s 3\n(prev s 4) renum as s 3 R1 LA (see A2015-38 amdt 2.55)\nOffences against Act—application of Criminal Code etc\ns 4 orig s 4\nrenum as s 3\npres s 4\n(prev s 4A) renum as s 4 R1 LA (see A2015-38 amdt 2.55)\nOffences against Act—application of Criminal Code etc\ns 4A renum as s 4\nObjects of Act\ns 5 reloc from Mental Health (Treatment and Care) Act 1994 s 5\nPrinciples applying to Act\ns 6 reloc from Mental Health (Treatment and Care) Act 1994 s 6\nMeaning of decision-making capacity\ns 7 reloc from Mental Health (Treatment and Care) Act 1994 s 7\nPrinciples of decision-making capacity\ns 8 reloc from Mental Health (Treatment and Care) Act 1994 s 8\nMeaning of mental disorder\ns 9 reloc from Mental Health (Treatment and Care) Act 1994 s 9\nMeaning of mental illness\ns 10 reloc from Mental Health (Treatment and Care) Act 1994 s 10\nPeople not to be regarded as having mental disorder or mental illness\ns 11 reloc from Mental Health (Treatment and Care) Act 1994 s 11\n\nMeaning of carer\ns 12 reloc from Mental Health (Treatment and Care) Act 1994 s 12\nProceedings relating to children\ns 13 reloc from Mental Health (Treatment and Care) Act 1994 s 13\nRights in relation to information and communication\npt 3.1 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 3.1\nMeaning of responsible person—pt 3.1\ns 14 reloc from Mental Health (Treatment and Care) Act 1994 s 14\nInformation to be given to people\ns 15 reloc from Mental Health (Treatment and Care) Act 1994 s 15\nInformation to be available at facilities\ns 16 reloc from Mental Health (Treatment and Care) Act 1994 s 16\nCommunication\ns 17 reloc from Mental Health (Treatment and Care) Act 1994 s 17\nFailure by owner of facility to comply with pt 3.1\ns 18 reloc from Mental Health (Treatment and Care) Act 1994 s 18\nNominated people\npt 3.2 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 3.2\nNominated person\ns 19 reloc from Mental Health (Treatment and Care) Act 1994 s 19\nNominated person—functions\ns 20 reloc from Mental Health (Treatment and Care) Act 1994 s 20\nam A2016-32 s 4\nNominated person—obligations of person in charge of facility\ns 21 reloc from Mental Health (Treatment and Care) Act 1994 s 21\n\nNominated person—end of nomination\ns 22 reloc from Mental Health (Treatment and Care) Act 1994 s 22\nNominated person—protection from liability\ns 23 reloc from Mental Health (Treatment and Care) Act 1994 s 23\nAdvance agreements and advance consent directions\npt 3.3 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 3.3\nDefinitions—pt 3.3\ns 24 reloc from Mental Health (Treatment and Care) Act 1994 s 24\ndef representative reloc from Mental Health (Treatment and\nCare) Act 1994 s 24 by A2015-38 amdt 2.39\ndef treating team reloc from Mental Health (Treatment and\nCare) Act 1994 s 24 by A2015-38 amdt 2.39\nRights in relation to advance agreements and advance consent directions\ns 25 reloc from Mental Health (Treatment and Care) Act 1994 s 25\nEntering into advance agreement\ns 26 reloc from Mental Health (Treatment and Care) Act 1994 s 26\nam A2016-32 s 5; pars renum R4 LA; A2021-12 amdt 3.88\nMaking advance consent direction\ns 27 reloc from Mental Health (Treatment and Care) Act 1994 s 27\nss renum R1 LA\nam A2016-32 s 6; pars renum R4 LA; A2021-12 amdt 3.88\nGiving treatment etc under advance agreement or advance consent direction\ns 28 reloc from Mental Health (Treatment and Care) Act 1994 s 28\nEnding advance agreement or advance consent direction\ns 29 reloc from Mental Health (Treatment and Care) Act 1994 s 29\nam A2016-32 s 7\nEffect of advance agreement and advance consent direction on guardian\nwith authority to give consent for treatment, care or support\ns 30 reloc from Mental Health (Treatment and Care) Act 1994 s 30\n\nEffect of advance agreement and advance consent direction on attorney with\npower to deal with health care matters\ns 31 reloc from Mental Health (Treatment and Care) Act 1994 s 31\nEffect of health direction on previous advance consent direction\ns 32 reloc from Mental Health (Treatment and Care) Act 1994 s 32\nApplications for assessment orders\npt 4.1 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 4.1\nApplications by people with mental disorder or mental illness—assessment\ns 33 reloc from Mental Health (Treatment and Care) Act 1994 s 33\nApplications by other people—assessment order\ns 34 reloc from Mental Health (Treatment and Care) Act 1994 s 34\nApplications by referring officers—assessment order\ns 35 reloc from Mental Health (Treatment and Care) Act 1994 s 35\nApplicant and referring officer to tell ACAT of risks—assessment order\ns 36 reloc from Mental Health (Treatment and Care) Act 1994 s 36\nAssessment orders\npt 4.2 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 4.2\nAssessment order\ns 36A renum as s 37\nConsent for assessment order\ns 36B renum as s 38\nEmergency assessment order\ns 36C renum as s 39\nContent and effect of assessment order\ns 36D renum as s 40\nPublic advocate to be told about assessment order\ns 36E renum as s 41\nTime for conducting assessment\ns 36F renum as s 42\n\nRemoval order to conduct assessment\ns 36G renum as s 43\nExecuting removal order\ns 36H renum as s 44\nContact with others\ns 36I renum as s 45\nPublic advocate and lawyer to have access\ns 36J renum as s 46\nPerson to be assessed to be told about order\ns 36K renum as s 47\nCopy of assessment\ns 36L renum as s 48\nNotice of outcome of assessment\ns 36M renum as s 49\nDefinitions—ch 5\ns 36N renum as s 50\ns 36O renum as s 51\nApplicant to tell ACAT of risks\ns 36P renum as s 52\nACAT must consider assessment—mental health order\ns 36Q renum as s 53\nConsultation by ACAT—mental health order\ns 36R renum as s 54\nACAT must hold hearing—mental health order\ns 36S renum as s 55\nWhat ACAT must take into account—mental health order\ns 36T renum as s 56\nACAT must not order particular treatment, care or support—mental health\ns 36U renum as s 57\nPsychiatric treatment order\ns 36V renum as s 58\nContent of psychiatric treatment order\ns 36W renum as s 59\nCriteria for making restriction order with psychiatric treatment order\ns 36X renum as s 60\n\nContent of restriction order made with psychiatric treatment order\ns 36Y renum as s 61\nRole of chief psychiatrist—psychiatric treatment order\ns 36Z renum as s 62\nTreatment etc to be explained—psychiatric treatment order\ns 36ZA renum as s 63\nAction if psychiatric treatment order no longer appropriate—no longer\ns 36ZB renum as s 64\nPowers in relation to psychiatric treatment order\ns 36ZC renum as s 65\nCommunity care order\ns 36ZD renum as s 66\nContent of community care order\ns 36ZE renum as s 67\nCriteria for making restriction order with community care order\ns 36ZF renum as s 68\nContent of restriction order made with community care order etc\ns 36ZG renum as s 69\nRole of care coordinator—community care order\ns 36ZH renum as s 70\nTreatment etc to be explained—community care order\ns 36ZI renum as s 71\nAction if community care order no longer appropriate—no longer person in\nrelation to whom ACAT could make order\ns 36ZJ renum as s 72\nPowers in relation to community care order\ns 36ZK renum as s 73\nLimits on communication—mental health order\ns 36ZL renum as s 74\nOffence—limits on communication—mental health order\ns 36ZM renum as s 75\nDuration of mental health orders\ns 36ZN renum as s 76\nContravention of mental health order\ns 36ZO renum as s 77\nContravention of mental health order—absconding from facility\ns 36ZP renum as s 78\n\nReview, amendment or revocation of mental health order\ns 36ZQ renum as s 79\nAssessment order\ns 37 orig s 37\nrenum as s 80\npres s 37\n(prev s 36A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36A by A2015-38 amdt 2.40\nrenum as s 37 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 8; A2017-28 amdt 3.26; A2023-45 amdt 1.32\nConsent for assessment order\ns 38 orig s 38\nrenum as s 81\npres s 38\n(prev s 36B) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36B by A2015-38 amdt 2.40\nrenum as s 38 R1 LA (see A2015-38 amdt 2.55)\nam A2025-29 amdt 3.214\nCopy of court order\ns 38A renum as s 82\nEmergency assessment order\ns 39 orig s 39\nrenum as s 83\npres s 39\n(prev s 36C) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36C by A2015-38 amdt 2.40\nrenum as s 39 R1 LA (see A2015-38 amdt 2.55)\nam A2025-29 amdt 3.214\nContent and effect of assessment order\ns 40 orig s 40\nrenum as s 84\npres s 40\n(prev s 36D) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36D by A2015-38 amdt 2.40\nrenum as s 40 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 9\nPublic advocate to be told about assessment order\ns 41 orig s 41\nrenum as s 85\npres s 41\n(prev s 36E) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36E by A2015-38 amdt 2.40\nrenum as s 41 R1 LA (see A2015-38 amdt 2.55)\n\nMedical examination of detained person\ns 41AA renum as s 86\nNotification of Magistrates Court about emergency detention or release from\nemergency detention\ns 41A renum as s 87\nTreatment during detention\ns 41AB renum as s 88\nTime for conducting assessment\ns 42 orig s 42\nrenum as s 89\npres s 42\n(prev s 36F) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36F by A2015-38 amdt 2.40\nrenum as s 42 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 10\nRemoval order to conduct assessment\ns 43 (prev s 36G) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36G by A2015-38 amdt 2.40\nrenum as s 43 R1 LA (see A2015-38 amdt 2.55)\nam A2025-29 amdt 3.215, amdt 3.216\nExecuting removal order\ns 44 (prev s 36H) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36H by A2015-38 amdt 2.40\nrenum as s 44 R1 LA (see A2015-38 amdt 2.55)\nContact with others\ns 45 orig s 45\nrenum as s 90\npres s 45\n(prev s 36I) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36I by A2015-38 amdt 2.40\nrenum as s 45 R1 LA (see A2015-38 amdt 2.55)\nPublic advocate and lawyer to have access\ns 46 orig s 46\nrenum as s 91\npres s 46\n(prev s 36J) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36J by A2015-38 amdt 2.40\nrenum as s 46 R1 LA (see A2015-38 amdt 2.55)\nPerson to be assessed to be told about order\ns 47 orig s 47\nrenum as s 92\n\npres s 47\n(prev s 36K) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36K by A2015-38 amdt 2.40\nrenum as s 47 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 11\nCopy of assessment\ns 48 (prev s 36L) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36L by A2015-38 amdt 2.40\nrenum as s 48 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 12\nDefinitions—pt 7.1\ns 48S renum as s 93\nApplications for forensic mental health orders—detainees etc\ns 48T renum as s 94\nRelevant person to tell ACAT of risks\ns 48U renum as s 95\nACAT must consider assessment—forensic mental health order\ns 48V renum as s 96\nConsultation by ACAT—forensic mental health order\ns 48W renum as s 97\nACAT must hold hearing—forensic mental health order\ns 48X renum as s 98\nWhat ACAT must take into account—forensic mental health order\ns 48Y renum as s 99\nACAT must not order particular treatment, care or support—forensic mental\ns 48Z renum as s 100\nForensic psychiatric treatment order\ns 48ZA renum as s 101\nContent of forensic psychiatric treatment order\ns 48ZB renum as s 102\nRole of chief psychiatrist—forensic psychiatric treatment order\ns 48ZC renum as s 103\nTreatment etc to be explained—forensic psychiatric treatment order\ns 48ZD renum as s 104\nlonger person in relation to whom ACAT could make order\ns 48ZE renum as s 105\n\nlonger necessary to detain person\ns 48ZF renum as s 106\nPowers in relation to forensic psychiatric treatment order\ns 48ZG renum as s 107\nForensic community care order\ns 48ZH renum as s 108\nContent of forensic community care order\ns 48ZI renum as s 109\nRole of care coordinator—forensic community care order\ns 48ZJ renum as s 110\nTreatment etc to be explained—forensic community care order\ns 48ZK renum as s 111\ns 48ZL renum as s 112\nnecessary to detain person\ns 48ZM renum as s 113\nPowers in relation to forensic community care order\ns 48ZN renum as s 114\nLimits on communication—forensic mental health order\ns 48ZO renum as s 115\nOffence—limits on communication—forensic mental health order\ns 48ZP renum as s 116\ns 48ZQ renum as s 117\nMeaning of corrections order—div 7.1.8\ns 48ZR renum as s 118\nGrant of leave for person detained by ACAT\ns 48ZS renum as s 119\nRevocation of leave granted by ACAT\ns 48ZT renum as s 120\nGrant of leave for person detained by relevant official\ns 48ZU renum as s 121\nLeave in emergency or special circumstances\ns 48ZV renum as s 122\n\nRevocation of leave granted by relevant official\ns 48ZW renum as s 123\nContravention of forensic mental health order\ns 48ZX renum as s 124\nContravention of forensic mental health order—absconding from facility\ns 48ZY renum as s 125\nReview, amendment or revocation of forensic mental health order\ns 48ZZ renum as s 126\nDefinitions—pt 7.2\ns 48ZZA renum as s 127\nMeaning of affected person\ns 48ZZB renum as s 128\nMeaning of registered affected person\ns 48ZZC renum as s 129\nAffected person register\ns 48ZZD renum as s 130\nNotifying people about the affected person register\ns 48ZZE renum as s 131\nIncluding person in affected person register\ns 48ZZF renum as s 132\nRemoving person from affected person register\ns 48ZZG renum as s 133\nDisclosures to registered affected people\ns 48ZZH renum as s 134\nMeaning of correctional patient\ns 48ZZI renum as s 135\nTransfer to mental health facility\ns 48ZZJ renum as s 136\nReturn to correctional centre unless direction to remain\ns 48ZZK renum as s 137\nRelease etc on change of status of correctional patient\ns 48ZZL renum as s 138\nACAT may return people to correctional centre\ns 48ZZM renum as s 139\nReview of correctional patient awaiting transfer to mental health facility\ns 48ZZN renum as s 140\n\nReview of correctional patient transferred to mental health facility\ns 48ZZO renum as s 141\nReview of correctional patient detained at mental health facility\ns 48ZZP renum as s 142\nGrant of leave for correctional patients\ns 48ZZQ renum as s 143\nRevocation of leave for correctional patients\ns 48ZZR renum as s 144\nNotice of outcome of assessment\ns 49 orig s 49\nrenum as s 145\npres s 49\n(prev s 36M) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36M by A2015-38 amdt 2.40\nrenum as s 49 R1 LA (see A2015-38 amdt 2.55)\npt 5.1 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 5.1\nDefinitions—ch 5\ns 50 orig s 50\nrenum as s 146\npres s 50\n(prev s 36N) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36N by A2015-38 amdt 2.41\nrenum as s 50 R1 LA (see A2015-38 amdt 2.55)\ndef relevant official reloc from Mental Health (Treatment and\nCare) Act 1994 s 36N by A2015-38 amdt 2.41\ndef relevant person reloc from Mental Health (Treatment and\nCare) Act 1994 s 36N by A2015-38 amdt 2.41\nam A2016-32 s 13\npt 5.2 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 5.2\ns 51 orig s 51\nrenum as s 147\npres s 51\n(prev s 36O) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36O by A2015-38 amdt 2.41\nrenum as s 51 R1 LA (see A2015-38 amdt 2.55)\n\nApplicant to tell ACAT of risks\ns 52 orig s 52\nrenum as s 148\npres s 52\n(prev s 36P) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36P by A2015-38 amdt 2.41\nrenum as s 52 R1 LA (see A2015-38 amdt 2.55)\nMaking of mental health orders—preliminary matters\npt 5.3 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 5.3\nACAT must consider assessment—mental health order\ns 53 orig s 53\nrenum as s 149\npres s 53\n(prev s 36Q) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36Q by A2015-38 amdt 2.41\nrenum as s 53 R1 LA (see A2015-38 amdt 2.55)\nConsultation by ACAT—mental health order\ns 54 orig s 54\nrenum as s 150\npres s 54\n(prev s 36R) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36R by A2015-38 amdt 2.41\nrenum as s 54 R1 LA (see A2015-38 amdt 2.55)\nACAT must hold hearing—mental health order\ns 55 orig s 55\nrenum as s 151\npres s 55\n(prev s 36S) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36S by A2015-38 amdt 2.41\nrenum as s 55 R1 LA (see A2015-38 amdt 2.55)\nOffence—unauthorised administration of electroconvulsive therapy\ns 55B renum as s 152\nApplication for electroconvulsive therapy order\ns 55C renum as s 153\nConsultation by ACAT—electroconvulsive therapy order\ns 55D renum as s 154\nACAT must hold hearing—electroconvulsive therapy order\ns 55E renum as s 155\nWhat ACAT must take into account—electroconvulsive therapy order\ns 55F renum as s 156\n\nMaking of electroconvulsive therapy order\ns 55G renum as s 157\nContent of electroconvulsive therapy order\ns 55H renum as s 158\nPerson to be told about electroconvulsive therapy order\ns 55I renum as s 159\nApplication for emergency electroconvulsive therapy order\ns 55J renum as s 160\nWhat ACAT must take into account—emergency electroconvulsive therapy\ns 55JA renum as s 161\nMaking of emergency electroconvulsive therapy order\ns 55K renum as s 162\nContent of an emergency electroconvulsive therapy order\ns 55L renum as s 163\nWhat ACAT must take into account—mental health order\ns 56 orig s 56\nrenum as s 164\npres s 56\n(prev s 36T) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36T by A2015-38 amdt 2.41\nrenum as s 56 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 4, s 5; pars renum R13 LA\nACAT must not order particular treatment, care or support—mental health\ns 57 orig s 57\nrenum as s 165\npres s 57\n(prev s 36U) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36U by A2015-38 amdt 2.41\nrenum as s 57 R1 LA (see A2015-38 amdt 2.55)\nPsychiatric treatment orders\npt 5.4 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 5.4\nPsychiatric treatment order\ns 58 orig s 58\nrenum as s 166\npres s 58\n(prev s 36V) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36V by A2015-38 amdt 2.41\nrenum as s 58 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 14\n\nContent of psychiatric treatment order\ns 59 orig s 59\nrenum as s 167\npres s 59\n(prev s 36W) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36W by A2015-38 amdt 2.41\nrenum as s 59 R1 LA (see A2015-38 amdt 2.55)\nCriteria for making restriction order with psychiatric treatment order\ns 60 orig s 60\nrenum as s 168\npres s 60\n(prev s 36X) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36X by A2015-38 amdt 2.41\nrenum as s 60 R1 LA (see A2015-38 amdt 2.55)\nContent of restriction order made with psychiatric treatment order\ns 61 orig s 61\nrenum as s 169\npres s 61\n(prev s 36Y) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36Y by A2015-38 amdt 2.41\nrenum as s 61 R1 LA (see A2015-38 amdt 2.55)\nRole of chief psychiatrist—psychiatric treatment order\ns 62 orig s 62\nrenum as s 170\npres s 62\n(prev s 36Z) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36Z by A2015-38 amdt 2.41\nrenum as s 62 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 15; A2021-12 amdt 3.88; A2025-29\namdt 4.127\nTreatment etc to be explained—psychiatric treatment order\ns 63 orig s 63\nrenum as s 171\npres s 63\n(prev s 36ZA) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZA by A2015-38 amdt 2.41\nrenum as s 63 R1 LA (see A2015-38 amdt 2.55)\nAction if psychiatric treatment order no longer appropriate—no longer\ns 64 orig s 64\nrenum as s 172\npres s 64\n(prev s 36ZB) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZB by A2015-38 amdt 2.41\n\nrenum as s 64 R1 LA (see A2015-38 amdt 2.55)\nPowers in relation to psychiatric treatment order\ns 65 orig s 65\nrenum as s 173\npres s 65\n(prev s 36ZC) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZC by A2015-38 amdt 2.41\nrenum as s 65 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 16\nCommunity care orders\npt 5.5 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 5.5\nCommunity care order\ns 66 orig s 66\nrenum as s 174\npres s 66\n(prev s 36ZD) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZD by A2015-38 amdt 2.41\nrenum as s 66 R1 LA (see A2015-38 amdt 2.55)\nContent of community care order\ns 67 orig s 67\nrenum as s 175\npres s 67\n(prev s 36ZE) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZE by A2015-38 amdt 2.41\nrenum as s 67 R1 LA (see A2015-38 amdt 2.55)\nCriteria for making restriction order with community care order\ns 68 orig s 68\nrenum as s 176\npres s 68\n(prev s 36ZF) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZF by A2015-38 amdt 2.41\nrenum as s 68 R1 LA (see A2015-38 amdt 2.55)\nContent of restriction order made with community care order etc\ns 69 (prev s 36ZG) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZG by A2015-38 amdt 2.41\nrenum as s 69 R1 LA (see A2015-38 amdt 2.55)\nRole of care coordinator—community care order\ns 70 orig s 70\nrenum as s 177\n\npres s 70\n(prev s 36ZH) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZH by A2015-38 amdt 2.41\nrenum as s 70 R1 LA (see A2015-38 amdt 2.55)\nRecommendations about people with mental disorder or mental illness\ns 70A renum as s 178\nTreatment etc to be explained—community care order\ns 71 orig s 71\nrenum as s 179\npres s 71\n(prev s 36ZI) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZI by A2015-38 amdt 2.41\nrenum as s 71 R1 LA (see A2015-38 amdt 2.55)\nAction if community care order no longer appropriate—no longer person in\nrelation to whom ACAT could make order\ns 72 orig s 72\nrenum as s 180\npres s 72\n(prev s 36ZJ) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZJ by A2015-38 amdt 2.41\nrenum as s 72 R1 LA (see A2015-38 amdt 2.55)\nPowers in relation to community care order\ns 73 orig s 73\nrenum as s 181\npres s 73\n(prev s 36ZK) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZK by A2015-38 amdt 2.41\nrenum as s 73 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 17\nLimits on communication under mental health orders\npt 5.6 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 5.6\nLimits on communication—mental health order\ns 74 orig s 74\nrenum as s 182\npres s 74\n(prev s 36ZL) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZL by A2015-38 amdt 2.41\nrenum as s 74 R1 LA (see A2015-38 amdt 2.55)\n\nOffence—limits on communication—mental health order\ns 75 orig s 75\nrenum as s 183\npres s 75\n(prev s 36ZM) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZM by A2015-38 amdt 2.41\nrenum as s 75 R1 LA (see A2015-38 amdt 2.55)\nDuration, contravention and review of mental health orders\npt 5.7 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 5.7\nDuration of mental health orders\ns 76 orig s 76\nrenum as s 184\npres s 76\n(prev s 36ZN) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZN by A2015-38 amdt 2.41\nrenum as s 76 R1 LA (see A2015-38 amdt 2.55)\nContravention of mental health order\ns 77 orig s 77\nrenum as s 185\npres s 77\n(prev s 36ZO) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZO by A2015-38 amdt 2.41\nrenum as s 77 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 6; ss renum R13 LA; A2021-12 amdt 3.88;\nA2023-44 ss 4-8; ss renum R18 LA\nContravention of mental health order—absconding from facility\ns 78 orig s 78\nrenum as s 186\npres s 78\n(prev s 36ZP) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZP by A2015-38 amdt 2.41\nrenum as s 78 R1 LA (see A2015-38 amdt 2.55)\nReview of mental health order\ns 79 hdg sub A2016-32 s 18\ns 79 orig s 79\nrenum as s 187\npres s 79\n(prev s 36ZQ) reloc from Mental Health (Treatment and Care)\nAct 1994 s 36ZQ by A2015-38 amdt 2.41\nrenum as s 79 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 19\nNotice of hearing\ns 79A renum as s 188\n\nDirections to registrar\ns 79B renum as s 189\nApprehension\ns 80 orig s 80\nrenum as s 190\npres s 80\n(prev s 37) reloc from Mental Health (Treatment and Care)\nAct 1994 s 37 by A2015-38 amdt 2.42\nrenum as s 80 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 ss 7-9; ss renum R14 LA; A2023-44 ss 9-12;\nss renum R18 LA\nDetention at approved mental health facility\ns 81 orig s 81\nrenum as s 191\npres s 81\n(prev s 38) reloc from Mental Health (Treatment and Care)\nAct 1994 s 38 by A2015-38 amdt 2.42\nrenum as s 81 R1 LA (see A2015-38 amdt 2.55)\nCopy of court order\ns 82 orig s 82\nrenum as s 192\npres s 82\n(prev s 38A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 38A by A2015-38 amdt 2.42\nrenum as s 82 R1 LA (see A2015-38 amdt 2.55)\nStatement of action taken\ns 83 orig s 83\nrenum as s 193\npres s 83\n(prev s 39) renum as s 83 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 20; pars renum R4 LA\nInitial examination at approved mental health facility\ns 84 (prev s 40) reloc from Mental Health (Treatment and Care)\nAct 1994 s 40 by A2015-38 amdt 2.43\nrenum as s 84 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 21\nAuthorisation of involuntary detention\ns 85 (prev s 41) reloc from Mental Health (Treatment and Care)\nAct 1994 s 41 by A2015-38 amdt 2.43\nrenum as s 85 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 22\n\nMedical examination of detained person\ns 86 orig s 86\nrenum as s 194\npres s 86\n(prev s 41AA) reloc from Mental Health (Treatment and Care)\nAct 1994 s 41AA by A2015-38 amdt 2.43\nrenum as s 86 R1 LA (see A2015-38 amdt 2.55)\nNotification of Magistrates Court about emergency detention or release from\nemergency detention\ns 87 orig s 87\nrenum as s 195\npres s 86\n(prev s 41A) renum as s 87 R1 LA (see A2015-38 amdt 2.55)\nTreatment during detention\ns 88 (prev s 41AB) renum as s 88 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 23, s 24\nNotification of certain people about detention\ns 89 (prev s 42) reloc from Mental Health (Treatment and Care)\nAct 1994 s 42 by A2015-38 amdt 2.44\nrenum as s 89 R1 LA (see A2015-38 amdt 2.55)\nss renum R1 LA\nOffence—communication during detention\ns 90 (prev s 45) reloc from Mental Health (Treatment and Care)\nAct 1994 s 45 by A2015-38 amdt 2.45\nrenum as s 90 R1 LA (see A2015-38 amdt 2.55)\nOrder for release\ns 91 (prev s 46) renum as s 91 R1 LA (see A2015-38 amdt 2.55)\nDuty to release\ns 92 (prev s 47) renum as s 92 R1 LA (see A2015-38 amdt 2.55)\nForensic mental health orders\npt 7.1 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 7.1\nby A2015-38 amdt 2.46\ndiv 7.1.1 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.1 by A2015-38 amdt 2.46\n\nDefinitions—pt 7.1\ns 93 (prev s 48S) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48S by A2015-38 amdt 2.46\nrenum as s 93 R1 LA (see A2015-38 amdt 2.55)\ndef relevant official reloc from Mental Health (Treatment and\ndef relevant person reloc from Mental Health (Treatment and\nam A2016-32 s 25\nApplication for forensic mental health orders\ndiv 7.1.2 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.2 by A2015-38 amdt 2.46\nApplications for forensic mental health orders—detainees etc\ns 94 (prev s 48T) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48T by A2015-38 amdt 2.46\nrenum as s 94 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 26\nRelevant person to tell ACAT of risks\ns 95 (prev s 48U) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48U by A2015-38 amdt 2.46\nrenum as s 95 R1 LA (see A2015-38 amdt 2.55)\nMaking forensic mental health orders—preliminary matters\ndiv 7.1.3 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.3 by A2015-38 amdt 2.46\nACAT must consider assessment—forensic mental health order\ns 96 (prev s 48V) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48V by A2015-38 amdt 2.46\nrenum as s 96 R1 LA (see A2015-38 amdt 2.55)\nConsultation by ACAT—forensic mental health order\ns 97 (prev s 48W) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48W by A2015-38 amdt 2.46\nrenum as s 97 R1 LA (see A2015-38 amdt 2.55)\nACAT must hold hearing—forensic mental health order\ns 98 (prev s 48X) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48X by A2015-38 amdt 2.46\nrenum as s 98 R1 LA (see A2015-38 amdt 2.55)\nWhat ACAT must take into account—forensic mental health order\ns 99 (prev s 48Y) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48Y by A2015-38 amdt 2.46\nrenum as s 99 R1 LA (see A2015-38 amdt 2.55)\n\nACAT must not order particular treatment, care or support—forensic mental\ns 100 (prev s 48Z) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48Z by A2015-38 amdt 2.46\nrenum as s 100 R1 LA (see A2015-38 amdt 2.55)\nForensic psychiatric treatment orders\ndiv 7.1.4 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.4 by A2015-38 amdt 2.46\nForensic psychiatric treatment order\ns 101 (prev s 48ZA) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZA by A2015-38 amdt 2.46\nrenum as s 101 R1 LA (see A2015-38 amdt 2.55)\nContent of forensic psychiatric treatment order\ns 102 (prev s 48ZB) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZB by A2015-38 amdt 2.46\nrenum as s 102 R1 LA (see A2015-38 amdt 2.55)\nRole of chief psychiatrist—forensic psychiatric treatment order\ns 103 (prev s 48ZC) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZC by A2015-38 amdt 2.46\nrenum as s 103 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 27, s 28; A2021-12 amdt 3.88; A2025-29\namdt 4.127\nTreatment etc to be explained—forensic psychiatric treatment order\ns 104 (prev s 48ZD) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZD by A2015-38 amdt 2.46\nrenum as s 104 R1 LA (see A2015-38 amdt 2.55)\nlonger person in relation to whom ACAT could make order\ns 105 (prev s 48ZE) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZE by A2015-38 amdt 2.46\nrenum as s 105 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 29-31; A2021-12 amdt 3.88\nlonger necessary to detain person\ns 106 (prev s 48ZF) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZF by A2015-38 amdt 2.46\nrenum as s 106 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 32-34; A2021-12 amdt 3.88\nPowers in relation to forensic psychiatric treatment order\ns 107 (prev s 48ZG) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZG by A2015-38 amdt 2.46\nrenum as s 107 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 35\n\nForensic community care orders\ndiv 7.1.5 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.5 by A2015-38 amdt 2.46\nForensic community care order\ns 108 (prev s 48ZH) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZH by A2015-38 amdt 2.46\nrenum as s 108 R1 LA (see A2015-38 amdt 2.55)\nContent of forensic community care order\ns 109 (prev s 48ZI) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZI by A2015-38 amdt 2.46\nrenum as s 109 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 36\nRole of care coordinator—forensic community care order\ns 110 (prev s 48ZJ) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZJ by A2015-38 amdt 2.46\nrenum as s 110 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 37; A2021-12 amdt 3.88\nTreatment etc to be explained—forensic community care order\ns 111 (prev s 48ZK) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZK by A2015-38 amdt 2.46\nrenum as s 111 R1 LA (see A2015-38 amdt 2.55)\ns 112 orig s 112\nrenum as s 196\npres s 112\n(prev s 48ZL) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZL by A2015-38 amdt 2.46\nrenum as s 112 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 38-40; A2021-12 amdt 3.88\nnecessary to detain person\ns 113 orig s 113\nrenum as s 197\npres s 113\n(prev s 48ZM) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZM by A2015-38 amdt 2.46\nrenum as s 113 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 41-43; A2021-12 amdt 3.88\n\nPowers in relation to forensic community care order\ns 114 orig s 114\nrenum as s 198\npres s 114\n(prev s 48ZN) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZN by A2015-38 amdt 2.46\nrenum as s 114 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 44\nLimits on communication under forensic mental health orders\ndiv 7.1.6 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.6 by A2015-38 amdt 2.46\nLimits on communication—forensic mental health order\ns 115 (prev s 48ZO) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZO by A2015-38 amdt 2.46\nrenum as s 115 R1 LA (see A2015-38 amdt 2.55)\nOffence—limits on communication—forensic mental health order\ns 116 orig s 116\nrenum as s 199\npres s 116\n(prev s 48ZP) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZP by A2015-38 amdt 2.46\nrenum as s 116 R1 LA (see A2015-38 amdt 2.55)\ndiv 7.1.7 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.7 by A2015-38 amdt 2.46\ns 117 (prev s 48ZQ) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZQ by A2015-38 amdt 2.46\nrenum as s 117 R1 LA (see A2015-38 amdt 2.55)\nLeave for detained people\ndiv 7.1.8 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.8 by A2015-38 amdt 2.46\nMeaning of corrections order—div 7.1.8\ns 118 orig s 118\nrenum as s 200\npres s 118\n(prev s 48ZR) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZR by A2015-38 amdt 2.46\nrenum as s 118 R1 LA (see A2015-38 amdt 2.55)\n\nGrant of leave for person detained by ACAT\ns 119 orig s 119\nrenum as s 201\npres s 119\n(prev s 48ZS) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZS by A2015-38 amdt 2.46\nrenum as s 119 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 45, s 46\nFunctions of mental health officers\ns 119A renum as s 202\nIdentity cards for mental health officers\ns 119B renum as s 203\nRevocation of leave granted by ACAT\ns 120 (prev s 48ZT) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZT by A2015-38 amdt 2.46\nrenum as s 120 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 47, s 48\ns 120A renum as s 204\ns 120B renum as s 205\nEnding appointment—care coordinator\ns 120C renum as s 206\nDelegation by care coordinator\ns 120D renum as s 207\nGrant of leave for person detained by relevant official\ns 121 orig s 121\nrenum as s 208\npres s 121\n(prev s 48ZU) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZU by A2015-38 amdt 2.46\nrenum as s 121 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 49, s 50\nLeave in emergency or special circumstances\ns 122 orig s 122\nrenum as s 209\npres s 122\n(prev s 48ZV) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZV by A2015-38 amdt 2.46\nrenum as s 122 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 51, s 52; ss renum R4 LA\n\nAppointment of principal official visitor\ns 122AA renum as s 210\nOfficial visitor’s functions\ns 122A renum as s 211\nPrincipal official visitor’s functions\ns 122BB renum as s 212\nNotice to official visitor of detainee receiving mental health treatment, care\nor support in correctional centre\ns 122B renum as s 213\nComplaint about treatment, care or support provided at place other than\nvisitable place\ns 122C renum as s 214\ns 122D renum as s 215\nFunctions of coordinating director-general\ns 122E renum as s 216\nCoordinating director-general policies and operating procedures\ns 122F renum as s 217\nDefinitions—pt 12.5\ns 122G renum as s 218\nInformation sharing protocol\ns 122H renum as s 219\nInformation sharing guidelines\ns 122I renum as s 220\nInformation sharing—approval of agency\ns 122J renum as s 221\nRevocation of leave granted by relevant official\ns 123 orig s 123\nrenum as s 222\npres s 123\n(prev s 48ZW) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZW by A2015-38 amdt 2.46\nrenum as s 123 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 53, s 54\nContravention and review of forensic mental health orders\ndiv 7.1.9 hdg reloc from Mental Health (Treatment and Care) Act 1994\ndiv 7.1.9 by A2015-38 amdt 2.46\n\nContravention of forensic mental health order\ns 124 orig s 124\nrenum as 223\npres s 124\n(prev s 48ZX) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZX by A2015-38 amdt 2.46\nrenum as s 124 R1 LA (see A2015-38 amdt 2.55)\nam A2021-12 amdt 3.88; A2023-44 ss 13-15; ss renum\nR18 LA\nContravention of forensic mental health order—absconding from facility\ns 125 orig s 125\nrenum as s 224\npres s 125\n(prev s 48ZY) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZY by A2015-38 amdt 2.46\nrenum as s 125 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 55; ss renum R4 LA; A2023-44 s 16\nReview of forensic mental health order\ns 126 hdg sub A2016-32 s 56\ns 126 orig s 126\nrenum as s 225\npres s 126\n(prev s 48ZZ) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZ by A2015-38 amdt 2.46\nrenum as s 126 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 57\nAffected people\npt 7.2 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 7.2\nby A2015-38 amdt 2.46\nDefinitions—pt 7.2\ns 127 orig s 127\nrenum as s 226\npres s 127\n(prev s 48ZZA) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZA by A2015-38 amdt 2.46\nrenum as s 127 R1 LA (see A2015-38 amdt 2.55)\ndef affected person register reloc from Mental Health\n(Treatment and Care) Act 1994 by A2015-38 amdt 2.46\ndef director-general reloc from Mental Health (Treatment and\ndef forensic patient reloc from Mental Health (Treatment and\nsub A2020-43 s 10\ndef publish reloc from Mental Health (Treatment and Care)\nAct 1994 by A2015-38 amdt 2.46\n\nMeaning of affected person\ns 128 orig s 128\nrenum as s 227\npres s 128\n(prev s 48ZZB) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZB by A2015-38 amdt 2.46\nrenum as s 128 R1 LA (see A2015-38 amdt 2.55)\nMeaning of registered affected person\ns 129 orig s 129\nrenum as s 228\npres s 129\n(prev s 48ZZC) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZC by A2015-38 amdt 2.46\nrenum as s 129 R1 LA (see A2015-38 amdt 2.55)\nAffected person register\ns 130 orig s 130\nrenum as s 229\npres s 130\n(prev s 48ZZD) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZD by A2015-38 amdt 2.46\nrenum as s 130 R1 LA (see A2015-38 amdt 2.55)\nNotifying people about the affected person register\ns 131 orig s 131\nrenum as s 230\npres s 131\n(prev s 48ZZE) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZE by A2015-38 amdt 2.46\nrenum as s 131 R1 LA (see A2015-38 amdt 2.55)\nIncluding person in affected person register\ns 132 orig s 132\nrenum as s 231\npres s 132\n(prev s 48ZZF) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZF by A2015-38 amdt 2.46\nrenum as s 132 R1 LA (see A2015-38 amdt 2.55)\nRemoving person from affected person register\ns 133 orig s 133\nrenum as s 232\npres s 133\n(prev s 48ZZG) reloc from Mental Health (Treatment and\nCare) Act 1994 s 48ZZG by A2015-38 amdt 2.46\nrenum as s 133 R1 LA (see A2015-38 amdt 2.55)\nam A2021-3 s 29, s 30\n\nDisclosures to registered affected people\ns 134 orig s 134\nrenum as s 233\npres s 134\n(prev s 48ZZH) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZH by A2015-38 amdt 2.46\nrenum as s 134 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 58-60; A2016-42 amdt 3.87, amdt 3.88;\nA2020-43 s 11, s 12; pars renum R13 LA\npt 8.1 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 8.1\nMeaning of correctional patient\ns 135 orig s 135\nrenum as s 234\npres s 135\n(prev s 48ZZI) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZI by A2015-38 amdt 2.47\nrenum as s 135 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 61\nIdentity cards\ns 135A renum as s 235\nPowers of inspection\ns 135B renum as s 236\nFailing to comply with requirement of inspector\ns 135C renum as s 237\nTransfer of correctional patients\npt 8.2 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 8.2\nTransfer to mental health facility\ns 136 (prev s 48ZZJ) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZJ by A2015-38 amdt 2.47\nrenum as s 136 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 62, s 63\nReturn to correctional centre or detention place unless direction to remain\ns 137 hdg sub A2016-32 s 64\ns 137 (prev s 48ZZK) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZK by A2015-38 amdt 2.47\nrenum as s 137 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 65-69\n\nRelease etc on change of status of correctional patient\ns 138 (prev s 48ZZL) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZL by A2015-38 amdt 2.47\nrenum as s 138 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 70, s 71\nACAT may return people to correctional centre or detention place\ns 139 hdg am A2016-32 s 72\ns 139 orig s 139\nrenum as s 238\npres s 139\n(prev s 48ZZM) reloc from Mental Health (Treatment and\nCare) Act 1994 s 48ZZM by A2015-38 amdt 2.47\nrenum as s 139 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 72; A2025-29 amdt 4.127\nFunctions of mental health advisory council\ns 139A renum as s 239\nMembership of mental health advisory council\ns 139B renum as s 240\nProcedures of mental health advisory council\ns 139C renum as s 241\nPurpose—ch 15\ns 139CA renum as s 242\nDefinitions—ch 15\ns 139CB renum as s 243\nAuthority to enter into agreements\ns 139CC renum as s 244\nAuthorised officer and interstate authorised person may exercise certain\nfunctions\ns 139CD renum as s 245\nMedication for person being transferred\ns 139CE renum as s 246\nApprehension of interstate patient in breach of interstate involuntary\ns 139CF renum as s 247\nApprehension of person in breach of mental health order or forensic mental\ns 139CG renum as s 248\nInterstate transfer—person under psychiatric treatment order or community\ncare order\ns 139CH renum as s 249\n\nInterstate transfer—person under forensic psychiatric treatment order or\nforensic community care order\ns 139CI renum as s 250\nTransfer to interstate mental health facility—emergency detention\ns 139CJ renum as s 251\nInterstate transfer—when ACT order stops applying\ns 139CK renum as s 252\nTransfer of interstate patient to approved mental health facility\ns 139CL renum as s 253\nTransfer of responsibility to provide treatment, care or support in the\ncommunity for interstate patient\ns 139CM renum as s 254\nTransfer of person apprehended in another State to approved mental health\ns 139CN renum as s 255\nMental health order relating to interstate person\ns 139CO renum as s 256\nImplementing interstate involuntary treatment order for temporary ACT\nresident\ns 139CP renum as s 257\nMeaning of reviewable decision—ch 16\ns 139CR renum as s 258\nReviewable decision notices\ns 139CS renum as s 259\nApplications for review\ns 139CT renum as s 260\nApproval of mental health facilities\ns 139D renum as s 261\nApproval of community care facilities\ns 139E renum as s 262\nPowers of entry and apprehension\ns 139F renum as s 263\nReview of correctional patients\npt 8.3 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 8.3\n\nReview of correctional patient awaiting transfer to mental health facility\ns 140 orig s 140\nrenum as s 264\npres s 140\n(prev s 48ZZN) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZN by A2015-38 amdt 2.47\nrenum as s 140 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 73\nProtection of officials from liability\ns 140A renum as s 265\nReport and record of use of restraint etc\ns 140AA renum as s 266\nReview of correctional patient transferred to mental health facility\ns 141 orig s 141\nrenum as s 267\npres s 141\n(prev s 48ZZO) reloc from Mental Health (Treatment and\nCare) Act 1994 s 48ZZO by A2015-38 amdt 2.47\nrenum as s 141 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 74, s 75\nReview of correctional patient detained at mental health facility\ns 142 orig s 142\nrenum as s 268\npres s 142\n(prev s 48ZZP) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZP by A2015-38 amdt 2.47\nrenum as s 142 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 76-79; pars renum R4 LA\nLeave for correctional patients\npt 8.4 hdg reloc from Mental Health (Treatment and Care) Act 1994 pt 8.4\nDefinitions—pt 8.4\ns 142A ins A2016-32 s 80\ndef health director-general ins A2016-32 s 80\ndef relevant director-general ins A2016-32 s 80\nGrant of leave for correctional patients\ns 143 orig s 143\nrenum as s 269\npres s 143\n(prev s 48ZZQ) reloc from Mental Health (Treatment and\nCare) Act 1994 s 48ZZQ by A2015-38 amdt 2.47\nrenum as s 143 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 ss 81-83; ss renum R4 LA\n\nRevocation of leave for correctional patients\ns 144 (prev s 48ZZR) reloc from Mental Health (Treatment and Care)\nAct 1994 s 48ZZR by A2015-38 amdt 2.47\nrenum as s 144 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 84, s 85; ss renum R4 LA\nTransfer of custody—secure mental health facility\nch 8A hdg ins A2016-32 s 86\nTransfer of custody if person admitted to secure mental health facility\ns 144A ins A2016-32 s 86\nTaking person to appear before court\ns 144B ins A2016-32 s 86\nam A2018-52 amdt 1.92\nRelease etc on change of status of person\ns 144C ins A2016-32 s 86\nPower to apprehend if person escapes from secure mental health facility\ns 144D ins A2016-32 s 86\nTransfers to health facilities\ns 144E ins A2016-32 s 86\nEscort officers\ns 144F ins A2016-32 s 86\nCrimes Act escape provisions\ns 144G ins A2016-32 s 86\nDefinitions\ns 145 orig s 145\nrenum as s 270\npres s 145\n(prev s 49) renum as s 145 R1 LA (see A2015-38 amdt 2.55)\nReview of certain provisions\ns 145A renum as s 271\nForm of consent\ns 146 orig s 146\nrenum as s 272\npres s 146\n(prev s 50) renum as s 146 R1 LA (see A2015-38 amdt 2.55)\nApproved forms\ns 146A renum as s 273\n\nWhen electroconvulsive therapy may be administered\ns 147 orig s 147\nrenum as s 274\npres s 147\n(prev s 51) renum as s 147 R1 LA (see A2015-38 amdt 2.55)\nAdult with decision-making capacity\ns 148 orig s 148\nom LA s 89 (3)\npres s 148\n(prev s 52) renum as s 148 R1 LA (see A2015-38 amdt 2.55)\nAdult without decision-making capacity\ns 149 orig s 149\nom LA s 89 (3)\npres s 149\n(prev s 53) renum as s 149 R1 LA (see A2015-38 amdt 2.55)\nYoung person with decision-making capacity\ns 150 (prev s 54) renum as s 150 R1 LA (see A2015-38 amdt 2.55)\nYoung person without decision-making capacity\ns 151 (prev s 55) renum as s 151 R1 LA (see A2015-38 amdt 2.55)\nOffence—unauthorised administration of electroconvulsive therapy\ns 152 (prev s 55B) renum as s 152 R1 LA (see A2015-38 amdt 2.55)\nApplication for electroconvulsive therapy order\ns 153 (prev s 55C) renum as s 153 R1 LA (see A2015-38 amdt 2.55)\nConsultation by ACAT—electroconvulsive therapy order\ns 154 (prev s 55D) renum as s 154 R1 LA (see A2015-38 amdt 2.55)\nACAT must hold hearing—electroconvulsive therapy order\ns 155 (prev s 55E) renum as s 155 R1 LA (see A2015-38 amdt 2.55)\nWhat ACAT must take into account—electroconvulsive therapy order\ns 156 (prev s 55F) renum as s 156 R1 LA (see A2015-38 amdt 2.55)\nMaking of electroconvulsive therapy order\ns 157 (prev s 55G) renum as s 157 R1 LA (see A2015-38 amdt 2.55)\nContent of electroconvulsive therapy order\ns 158 (prev s 55H) renum as s 158 R1 LA (see A2015-38 amdt 2.55)\nPerson to be told about electroconvulsive therapy order\ns 159 (prev s 55I) renum as s 159 R1 LA (see A2015-38 amdt 2.55)\nApplication for emergency electroconvulsive therapy order\ns 160 (prev s 55J) renum as s 160 R1 LA (see A2015-38 amdt 2.55)\n\nWhat ACAT must take into account—emergency electroconvulsive therapy\ns 161 (prev s 55JA) renum as s 161 R1 LA (see A2015-38\nMaking of emergency electroconvulsive therapy order\ns 162 (prev s 55K) renum as s 162 R1 LA (see A2015-38 amdt 2.55)\nContent of an emergency electroconvulsive therapy order\ns 163 (prev s 55L) renum as s 163 R1 LA (see A2015-38 amdt 2.55)\nEffect of later order\ns 164 (prev s 56) renum as s 164 R1 LA (see A2015-38 amdt 2.55)\nDoctor must record electroconvulsive therapy\ns 165 (prev s 57) renum as s 165 R1 LA (see A2015-38 amdt 2.55)\nElectroconvulsive therapy records to be kept for 5 years\ns 166 (prev s 58) renum as s 166 R1 LA (see A2015-38 amdt 2.55)\nPerformance on people subject to orders of ACAT\ns 167 (prev s 59) renum as s 167 R1 LA (see A2015-38 amdt 2.55)\nPsychiatric surgery not to be performed without approval or if person\nrefuses\ns 168 (prev s 60) renum as s 168 R1 LA (see A2015-38 amdt 2.55)\nApplication for approval\ns 169 (prev s 61) renum as s 169 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 87\nApplication to be considered by committee\ns 170 (prev s 62) renum as s 170 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 88\nRequirement for further information\ns 171 (prev s 63) renum as s 171 R1 LA (see A2015-38 amdt 2.55)\nApplication to be decided in accordance with committee’s recommendation\ns 172 (prev s 64) renum as s 172 R1 LA (see A2015-38 amdt 2.55)\nConsent of Supreme Court\ns 173 (prev s 65) renum as s 173 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 89\nRefusal of psychiatric surgery\ns 174 (prev s 66) renum as s 174 R1 LA (see A2015-38 amdt 2.55)\nAppointment of committee\ns 175 (prev s 67) renum as s 175 R1 LA (see A2015-38 amdt 2.55)\n\nReview of certain people found unfit to plead\ns 176 (prev s 68) reloc from Mental Health (Treatment and Care)\nAct 1994 s 68 by A2015-38 amdt 2.48\nrenum as s 176 R1 LA (see A2015-38 amdt 2.55)\nRecommendations about people with mental impairment\ns 177 (prev s 70) reloc from Mental Health (Treatment and Care)\nAct 1994 s 70 by A2015-38 amdt 2.48\nrenum as s 177 R1 LA (see A2015-38 amdt 2.55)\nRecommendations about people with mental disorder or mental illness\ns 178 (prev s 70A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 70A by A2015-38 amdt 2.48\nrenum as s 178 R1 LA (see A2015-38 amdt 2.55)\nam A2023-45 amdt 1.33\nService of decisions etc\ns 179 (prev s 71) reloc from Mental Health (Treatment and Care)\nAct 1994 s 71 by A2015-38 amdt 2.48\nrenum as s 179 R1 LA (see A2015-38 amdt 2.55)\nReview of detention under court order\ns 180 (prev s 72) reloc from Mental Health (Treatment and Care)\nAct 1994 s 72 by A2015-38 amdt 2.48\nrenum as s 180 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 13; pars renum R43 LA; A2023-44 s 17, s 18\nContravention of conditions of release\ns 181 (prev s 73) reloc from Mental Health (Treatment and Care)\nAct 1994 s 73 by A2015-38 amdt 2.48\nrenum as s 181 R1 LA (see A2015-38 amdt 2.55)\nReview of conditions of release\ns 182 (prev s 74) reloc from Mental Health (Treatment and Care)\nAct 1994 s 74 by A2015-38 amdt 2.48\nrenum as s 182 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 14; ss renum R13 LA; A2023-44 s 18\nLimit on detention\ns 183 (prev s 75) reloc from Mental Health (Treatment and Care)\nAct 1994 s 75 by A2015-38 amdt 2.48\nrenum as s 183 R1 LA (see A2015-38 amdt 2.55)\nMeaning of subject person—ch 11\ns 184 (prev s 76) reloc from Mental Health (Treatment and Care)\nAct 1994 s 76 by A2015-38 amdt 2.49\nrenum as s 184 R1 LA (see A2015-38 amdt 2.55)\n\nWhen ACAT may be constituted by presidential member\ns 185 (prev s 77) reloc from Mental Health (Treatment and Care)\nAct 1994 s 77 by A2015-38 amdt 2.49\nrenum as s 185 R1 LA (see A2015-38 amdt 2.55)\nam A2016-28 amdt 1.14; A2016-32 s 90; pars renum R4 LA\nWhen ACAT must be constituted by more members\ns 186 (prev s 78) reloc from Mental Health (Treatment and Care)\nAct 1994 s 79 by A2015-38 amdt 2.49\nrenum as s 186 R1 LA (see A2015-38 amdt 2.55)\nam A2016-28 amdt 1.15; A2016-32 s 91, s 92\nApplications\ns 187 (prev s 79) reloc from Mental Health (Treatment and Care)\nAct 1994 s 79 by A2015-38 amdt 2.49\nrenum as s 187 R1 LA (see A2015-38 amdt 2.55)\nNotice of hearing\ns 188 (prev s 79A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 79A by A2015-38 amdt 2.49\nrenum as s 188 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 93, s 94; A2020-43 s 15\nDirections to registrar\ns 189 (prev s 79B) reloc from Mental Health (Treatment and Care)\nAct 1994 s 79B by A2015-38 amdt 2.49\nrenum as s 189 R1 LA (see A2015-38 amdt 2.55)\nam A2016-28 amdt 1.16\nAppearance\ns 190 (prev s 80) reloc from Mental Health (Treatment and Care)\nAct 1994 s 80 by A2015-38 amdt 2.49\nrenum as s 190 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 16; A2021-12 amdt 1.3\nSeparate representation of children etc\ns 191 (prev s 81) reloc from Mental Health (Treatment and Care)\nAct 1994 s 81 by A2015-38 amdt 2.49\nrenum as s 191 R1 LA (see A2015-38 amdt 2.55)\nSubpoena to appear in person\ns 192 (prev s 82) reloc from Mental Health (Treatment and Care)\nAct 1994 s 82 by A2015-38 amdt 2.49\nrenum as s 192 R1 LA (see A2015-38 amdt 2.55)\nPerson subpoenaed in custody\ns 193 (prev s 83) reloc from Mental Health (Treatment and Care)\nAct 1994 s 83 by A2015-38 amdt 2.49\nrenum as s 193 R1 LA (see A2015-38 amdt 2.55)\n\nHearings to be in private\ns 194 (prev s 86) reloc from Mental Health (Treatment and Care)\nAct 1994 s 86 by A2015-38 amdt 2.49\nrenum as s 194 R1 LA (see A2015-38 amdt 2.55)\nWho is given a copy of the order?\ns 195 (prev s 87) reloc from Mental Health (Treatment and Care)\nAct 1994 s 87 by A2015-38 amdt 2.49\nrenum as s 195 R1 LA (see A2015-38 amdt 2.55)\nChief psychiatrist and mental health officers\npt 12.1 hdg reloc from Mental Health (Treatment and Care) Act 1994\npt 12.1 by A2015-38 amdt 2.50\nChief psychiatrist\ns 196 (prev s 112) reloc from Mental Health (Treatment and Care)\nAct 1994 s 112 by A2015-38 amdt 2.50\nrenum as s 196 R1 LA (see A2015-38 amdt 2.55)\ns 197 (prev s 113) reloc from Mental Health (Treatment and Care)\nAct 1994 s 113 by A2015-38 amdt 2.50\nrenum as s 197 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 17; pars renum R13 LA\nApproved code of practice\ns 198 (prev s 114) reloc from Mental Health (Treatment and Care)\nAct 1994 s 114 by A2015-38 amdt 2.50\nrenum as s 198 R1 LA (see A2015-38 amdt 2.55)\nChief psychiatrist may make guidelines\ns 198A ins A2020-43 s 18\nEnding appointment—chief psychiatrist\ns 199 (prev s 116) reloc from Mental Health (Treatment and Care)\nAct 1994 s 116 by A2015-38 amdt 2.50\nrenum as s 199 R1 LA (see A2015-38 amdt 2.55)\nDelegation by chief psychiatrist\ns 200 (prev s 118) reloc from Mental Health (Treatment and Care)\nAct 1994 s 118 by A2015-38 amdt 2.50\nrenum as s 200 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 19\n\nMental health officers\ns 201 (prev s 119) reloc from Mental Health (Treatment and Care)\nAct 1994 s 119 by A2015-38 amdt 2.50\nrenum as s 201 R1 LA (see A2015-38 amdt 2.55)\nam A2018-42 amdt 1.3, amdt 1.4; A2023-44 s 19, s 20\nFunctions of mental health officers\ns 202 (prev s 119A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 119A by A2015-38 amdt 2.50\nrenum as s 202 R1 LA (see A2015-38 amdt 2.55)\nIdentity cards for mental health officers\ns 203 (prev s 119B) reloc from Mental Health (Treatment and Care)\nAct 1994 s 119B by A2015-38 amdt 2.50\nrenum as s 203 R1 LA (see A2015-38 amdt 2.55)\npt 12.2 hdg reloc from Mental Health (Treatment and Care) Act 1994\npt 12.2 by A2015-38 amdt 2.50\ns 204 (prev s 120A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 120A by A2015-38 amdt 2.50\nrenum as s 204 R1 LA (see A2015-38 amdt 2.55)\ns 205 (prev s 120B) reloc from Mental Health (Treatment and Care)\nAct 1994 s 120B by A2015-38 amdt 2.50\nrenum as s 205 R1 LA (see A2015-38 amdt 2.55)\nEnding appointment—care coordinator\ns 206 (prev s 120C) reloc from Mental Health (Treatment and Care)\nAct 1994 s 120C by A2015-38 amdt 2.50\nrenum as s 206 R1 LA (see A2015-38 amdt 2.55)\nDelegation by care coordinator\ns 207 (prev s 120D) reloc from Mental Health (Treatment and Care)\nAct 1994 s 120D by A2015-38 amdt 2.50\nrenum as s 207 R1 LA (see A2015-38 amdt 2.55)\nOfficial visitors\npt 12.3 hdg reloc from Mental Health (Treatment and Care) Act 1994\npt 12.3 by A2015-38 amdt 2.50\nMeaning of official visitor etc\ns 208 (prev s 121) reloc from Mental Health (Treatment and Care)\nAct 1994 s 121 by A2015-38 amdt 2.50\nrenum as s 208 R1 LA (see A2015-38 amdt 2.55)\nam A2019-29 amdt 1.13\n\nAppointment of official visitors—additional suitability requirement\ns 209 (prev s 122) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122 by A2015-38 amdt 2.50\nrenum as s 209 R1 LA (see A2015-38 amdt 2.55)\nam A2019-29 amdt 1.14\nAppointment of principal official visitor\ns 210 (prev s 122AA) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122AA by A2015-38 amdt 2.50\nrenum as s 210 R1 LA (see A2015-38 amdt 2.55)\nom A2019-29 amdt 1.15\nOfficial visitor’s functions\ns 211 (prev s 122A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122A by A2015-38 amdt 2.50\nrenum as s 211 R1 LA (see A2015-38 amdt 2.55)\nam A2019-29 amdts 1.16-1.18\nPrincipal official visitor’s functions\ns 212 (prev s 122BB) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122BB by A2015-38 amdt 2.50\nrenum as s 212 R1 LA (see A2015-38 amdt 2.55)\nom A2019-29 amdt 1.19\nNotice to official visitor of detainee receiving mental health treatment, care\nor support in correctional centre\ns 213 (prev s 122B) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122B by A2015-38 amdt 2.50\nrenum as s 213 R1 LA (see A2015-38 amdt 2.55)\nam A2019-29 amdt 1.20\nComplaint about treatment, care or support provided at place other than\nvisitable place\ns 214 (prev s 122C) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122C by A2015-38 amdt 2.50\nrenum as s 214 R1 LA (see A2015-38 amdt 2.55)\nam A2019-29 amdts 1.21-1.23\npt 12.4 hdg reloc from Mental Health (Treatment and Care) Act 1994\npt 12.4 by A2015-38 amdt 2.50\ns 215 (prev s 122D) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122D by A2015-38 amdt 2.50\nrenum as s 215 R1 LA (see A2015-38 amdt 2.55)\nFunctions of coordinating director-general\ns 216 (prev s 122E) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122E by A2015-38 amdt 2.50\nrenum as s 216 R1 LA (see A2015-38 amdt 2.55)\n\nCoordinating director-general policies and operating procedures\ns 217 (prev s 122F) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122F by A2015-38 amdt 2.50\nrenum as s 217 R1 LA (see A2015-38 amdt 2.55)\nSharing information—government agencies\npt 12.5 hdg reloc from Mental Health (Treatment and Care) Act 1994\npt 12.5 by A2015-38 amdt 2.50\nDefinitions—pt 12.5\ns 218 (prev s 122G) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122G by A2015-38 amdt 2.50\nrenum as s 218 R1 LA (see A2015-38 amdt 2.55)\ndef information sharing entity reloc from Mental Health\n(Treatment and Care) Act 1994 by A2015-38 amdt 2.50\ndef information sharing protocol reloc from Mental Health\n(Treatment and Care) Act 1994 by A2015-38 amdt 2.50\ndef relevant information reloc from Mental Health (Treatment\nand Care) Act 1994 by A2015-38 amdt 2.50\nInformation sharing protocol\ns 219 (prev s 122H) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122H by A2015-38 amdt 2.50\nrenum as s 219 R1 LA (see A2015-38 amdt 2.55)\nInformation sharing guidelines\ns 220 (prev s 122I) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122I by A2015-38 amdt 2.50\nrenum as s 220 R1 LA (see A2015-38 amdt 2.55)\nInformation sharing—approval of agency\ns 221 (prev s 122J) reloc from Mental Health (Treatment and Care)\nAct 1994 s 122J by A2015-38 amdt 2.50\nrenum as s 221 R1 LA (see A2015-38 amdt 2.55)\nDefinitions—ch 13\ns 222 (prev s 123) renum as s 222 R1 LA (see A2015-38 amdt 2.55)\nMeaning of eligible person—pt 13.2\ns 223 (prev s 124) renum as s 223 R1 LA (see A2015-38 amdt 2.55)\nLicence—requirement to hold\ns 224 (prev s 125) renum as s 224 R1 LA (see A2015-38 amdt 2.55)\nLicence—application\ns 225 (prev s 126) renum as s 225 R1 LA (see A2015-38 amdt 2.55)\n\nLicence—decision on application\ns 226 (prev s 127) renum as s 226 R1 LA (see A2015-38 amdt 2.55)\nam A2020-43 s 20\nLicence—term and renewal of licence\ns 227 (prev s 128) renum as s 227 R1 LA (see A2015-38 amdt 2.55)\nLicence—transfer of licence\ns 228 (prev s 129) renum as s 228 R1 LA (see A2015-38 amdt 2.55)\nLicence—amendment initiated by Minister\ns 229 (prev s 130) renum as s 229 R1 LA (see A2015-38 amdt 2.55)\nLicence—amendment on application by licensee\ns 230 (prev s 131) renum as s 230 R1 LA (see A2015-38 amdt 2.55)\nLicence—surrender\ns 231 (prev s 132) renum as s 231 R1 LA (see A2015-38 amdt 2.55)\nLicence—cancellation by notice\ns 232 (prev s 133) renum as s 232 R1 LA (see A2015-38 amdt 2.55)\nLicence—emergency cancellation\ns 233 (prev s 134) renum as s 233 R1 LA (see A2015-38 amdt 2.55)\nAppointment of inspectors\ns 234 (prev s 135) renum as s 234 R1 LA (see A2015-38 amdt 2.55)\nIdentity cards\ns 235 (prev s 135A) renum as s 235 R1 LA (see A2015-38\nPowers of inspection\ns 236 (prev s 135B) renum as s 236 R1 LA (see A2015-38\nFailing to comply with requirement of inspector\ns 237 (prev s 135C) renum as s 237 R1 LA (see A2015-38\nEstablishment of mental health advisory council\ns 238 (prev s 139) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139 by A2015-38 amdt 2.51\nrenum as s 238 R1 LA (see A2015-38 amdt 2.55)\nFunctions of mental health advisory council\ns 239 (prev s 139A) reloc from Mental Health (Treatment and Care)\nAct 1999 s 139A by A2015-38 amdt 2.51\nrenum as s 239 R1 LA (see A2015-38 amdt 2.55)\n\nMembership of mental health advisory council\ns 240 (prev s 139B) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139B by A2015-38 amdt 2.51\nrenum as s 240 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 95\nProcedures of mental health advisory council\ns 241 (prev s 139C) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139C by A2015-38 amdt 2.51\nrenum as s 241 R1 LA (see A2015-38 amdt 2.55)\nPurpose—ch 15\ns 242 (prev s 139CA) renum as s 242 R1 LA (see A2015-38\nDefinitions—ch 15\ns 243 (prev s 139CB) renum as s 243 R1 LA (see A2015-38\nAuthority to enter into agreements\ns 244 (prev s 139CC) renum as s 244 R1 LA (see A2015-38\nAuthorised officer and interstate authorised person may exercise certain\nfunctions\ns 245 (prev s 139CD) renum as s 245 R1 LA (see A2015-38\nMedication for person being transferred\ns 246 (prev s 139CE) renum as s 246 R1 LA (see A2015-38\nApprehension of interstate patient in breach of interstate involuntary\ns 247 (prev s 139CF) renum as s 247 R1 LA (see A2015-38\nApprehension of person in breach of mental health order or forensic mental\ns 248 (prev s 139CG) renum as s 248 R1 LA (see A2015-38\nInterstate transfer—person under psychiatric treatment order or community\ncare order\ns 249 (prev s 139CH) renum as s 249 R1 LA (see A2015-38\nInterstate transfer—person under forensic psychiatric treatment order or\nforensic community care order\ns 250 (prev s 139CI) renum as s 250 R1 LA (see A2015-38\n\nTransfer to interstate mental health facility—emergency detention\ns 251 (prev s 139CJ) renum as s 251 R1 LA (see A2015-38\nInterstate transfer—when ACT order stops applying\ns 252 (prev s 139CK) renum as s 252 R1 LA (see A2015-38\nTransfer of interstate patient to approved mental health facility\ns 253 (prev s 139CL) renum as s 253 R1 LA (see A2015-38\nTransfer of responsibility to provide treatment, care or support in the\ncommunity for interstate patient\ns 254 (prev s 139CM) renum as s 254 R1 LA (see A2015-38\nTransfer of person apprehended in another State to approved mental health\ns 255 (prev s 139CN) renum as s 255 R1 LA (see A2015-38\nMental health order relating to interstate person\ns 256 (prev s 139CO) renum as s 256 R1 LA (see A2015-38\nImplementing interstate involuntary treatment order for temporary ACT\nresident\ns 257 (prev s 139CP) renum as s 257 R1 LA (see A2015-38\nMeaning of reviewable decision—ch 16\ns 258 (prev s 139CR) reloc from Mental Health (Treatment and\nCare) Act 1994 s 139CR by A2015-38 amdt 2.52\nrenum as s 258 R1 LA (see A2015-38 amdt 2.55)\nReviewable decision notices\ns 259 (prev s 139CS) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139CS by A2015-38 amdt 2.52\nrenum as s 259 R1 LA (see A2015-38 amdt 2.55)\nApplications for review\ns 260 (prev s 139CT) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139CT by A2015-38 amdt 2.52\nrenum as s 260 R1 LA (see A2015-38 amdt 2.55)\n\nApproval of mental health facilities\ns 261 (prev s 139D) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139D by A2015-38 amdt 2.53\nrenum as s 261 R1 LA (see A2015-38 amdt 2.55)\nApproval of community care facilities\ns 262 (prev s 139E) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139E by A2015-38 amdt 2.53\nrenum as s 262 R1 LA (see A2015-38 amdt 2.55)\nPowers of entry and apprehension\ns 263 (prev s 139F) reloc from Mental Health (Treatment and Care)\nAct 1994 s 139F by A2015-38 amdt 2.53\nrenum as s 263 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 96; pars renum R4 LA\nPowers of search and seizure\ns 264 (prev s 140) reloc from Mental Health (Treatment and Care)\nAct 1994 s 140 by A2015-38 amdt 2.53\nrenum as s 264 R1 LA (see A2015-38 amdt 2.55)\nam A2016-32 s 97; pars renum R4 LA\nProtection of officials from liability\ns 265 (prev s 140A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 140A by A2015-38 amdt 2.53\nrenum as s 265 R1 LA (see A2015-38 amdt 2.55)\nReport and record of use of restraint etc\ns 266 (prev s 140AA) reloc from Mental Health (Treatment and Care)\nAct 1994 s 140AA by A2015-38 amdt 2.53\nrenum as s 266 R1 LA (see A2015-38 amdt 2.55)\nAppeals from ACAT to Supreme Court\ns 267 (prev s 141) reloc from Mental Health (Treatment and Care)\nAct 1994 s 141 by A2015-38 amdt 2.53\nrenum as s 267 R1 LA (see A2015-38 amdt 2.55)\nRelationship with Guardianship and Management of Property Act\ns 268 (prev s 142) reloc from Mental Health (Treatment and Care)\nAct 1994 s 142 by A2015-38 amdt 2.53\nrenum as s 268 R1 LA (see A2015-38 amdt 2.55)\nRelationship with Powers of Attorney Act\ns 269 (prev s 143) reloc from Mental Health (Treatment and Care)\nAct 1994 s 143 by A2015-38 amdt 2.53\nrenum as s 269 R1 LA (see A2015-38 amdt 2.55)\n\nCertain rights unaffected\ns 270 (prev s 145) reloc from Mental Health (Treatment and Care)\nAct 1994 s 145 by A2015-38 amdt 2.53\nrenum as s 270 R1 LA (see A2015-38 amdt 2.55)\nReview of certain provisions\ns 271 hdg om R16 LA\ns 271 (prev s 145A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 145A by A2015-38 amdt 2.53\nrenum as s 271 R1 LA (see A2015-38 amdt 2.55)\nam A2017-28 amdt 3.27\n(4), (5) exp 1 March 2019 (s 271 (5))\n(1)-(3) exp 1 March 2021 (s 271 (3))\nReviews by Minister and director-general\ns 271A ins A2020-43 s 21\nexp 28 August 2029 (s 271A (5))\nDetermination of fees\ns 272 (prev s 146) reloc from Mental Health (Treatment and Care)\nAct 1994 s 146 by A2015-38 amdt 2.53\nrenum as s 272 R1 LA (see A2015-38 amdt 2.55)\nApproved forms\ns 273 (prev s 146A) reloc from Mental Health (Treatment and Care)\nAct 1994 s 146A by A2015-38 amdt 2.53\nrenum as s 273 R1 LA (see A2015-38 amdt 2.55)\nom A2021-12 amdt 3.89\nRegulation-making power\ns 274 (prev s 147) reloc from Mental Health (Treatment and Care)\nAct 1994 s 147 by A2015-38 amdt 2.53\nrenum as s 274 R1 LA (see A2015-38 amdt 2.55)\nRepeals and consequential amendments\nch 18 hdg om LA s 89 (4)\nTransitional—Mental Health Amendment Act 2023\nch 20 hdg ins A2023-44 s 21\nMeaning of commencement day—ch 20\ns 300 ins A2023-44 s 21\nContravention of mental health order before commencement day\ns 301 ins A2023-44 s 21\n\nContravention of forensic mental health order before commencement day\ns 302 ins A2023-44 s 21\nACAT order not made before commencement day\ns 303 ins A2023-44 s 21\nExpiry—ch 20\ns 304 ins A2023-44 s 21\nTransitional\nch 40 hdg exp 1 March 2018 (s 402)\nGeneral\npt 40.1 hdg exp 1 March 2018 (s 402)\nDefinitions—ch 40\ns 400 exp 1 March 2018 (s 402)\ndef commencement day exp 1 March 2018 (s 402)\ndef repealed Act exp 1 March 2018 (s 402)\nTransitional regulations\ns 401 exp 1 March 2018 (s 402)\nExpiry—ch 40\ns 402 exp 1 March 2018 (s 402)\nTransitional—rights of people with mental disorder or mental illness\npt 40.2 hdg exp 1 March 2018 (s 402)\nRights in relation to information and communication\ns 403 exp 1 March 2018 (s 402)\nTransitional—mental health orders\npt 40.3 hdg exp 1 March 2018 (s 402)\nApplications\ndiv 40.3.1 hdg exp 1 March 2018 (s 402)\nApplication by person with mental illness or mental dysfunction—unfinished\napplications\ns 404 exp 1 March 2018 (s 402)\nApplication by chief psychiatrist or care coordinator—unfinished\napplications\ns 405 exp 1 March 2018 (s 402)\nApplication by certain other people—unfinished applications\ns 406 exp 1 March 2018 (s 402)\nApplication by referring officers—unfinished referrals\ns 407 exp 1 March 2018 (s 402)\n\nPsychiatric treatment orders\ndiv 40.3.2 hdg exp 1 March 2018 (s 402)\nPsychiatric treatment order—in force before commencement day\ns 408 exp 1 March 2018 (s 402)\nRestriction order with psychiatric treatment order—in force before\ncommencement day\ns 409 exp 1 March 2018 (s 402)\nChief psychiatrist role—determination in force before commencement day\ns 410 exp 1 March 2018 (s 402)\nAction if psychiatric treatment order no longer appropriate—notice given but\nnot considered by ACAT\ns 411 exp 1 March 2018 (s 402)\nCommunity care orders\ndiv 40.3.3 hdg exp 1 March 2018 (s 402)\nCommunity care order—in force before commencement day\ns 412 exp 1 March 2018 (s 402)\nRestriction order with community care order—in force before\ncommencement day\ns 413 exp 1 March 2018 (s 402)\nCare coordinator role—determination in force before commencement day\ns 414 exp 1 March 2018 (s 402)\nAction if community care order no longer appropriate—notice given but not\nconsidered by ACAT\ns 415 exp 1 March 2018 (s 402)\nOther matters\ndiv 40.3.4 hdg exp 1 March 2018 (s 402)\nForensic mental health orders—people required to submit to ACAT\njurisdiction before commencement day\ns 416 exp 1 March 2018 (s 402)\nTransitional—emergency detention\npt 40.4 hdg exp 1 March 2018 (s 402)\nApprehension before commencement day\ns 417 exp 1 March 2018 (s 402)\nAuthorisation of involuntary detention before commencement day\ns 418 exp 1 March 2018 (s 402)\nTransitional—interstate application of mental health laws\npt 40.5 hdg exp 1 March 2018 (s 402)\n\nInterstate agreements notified before commencement day\ns 419 exp 1 March 2018 (s 402)\nLegislation amended\nsch 2 om LA s 89 (3)\ndict am A2016-13 amdt 1.96; A2018-52 amdt 1.93; A2020-43 s 22\ndef ACAT mental health provision om A2017-28 amdt 3.28\ndef affected person register sub A2017-28 amdt 3.29\ndef general president om A2016-28 amdt 1.17\ndef health director-general ins A2016-32 s 98\ndef intensive therapy order ins A2023-45 amdt 1.34\ndef interim intensive therapy order ins A2023-45 amdt 1.34\ndef interim therapeutic protection order om A2023-45\namdt 1.35\ndef president ins A2016-28 amdt 1.18\ndef principal official visitor om A2019-29 amdt 1.24\ndef psychiatrist am A2016-32 s 99\ndef relevant director-general ins A2016-32 s 100\ndef restraint ins A2023-44 s 22\ndef secure mental health facility ins A2016-32 s 101\ndef victims of crime commissioner om A2016-13 amdt 1.97\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 Mar 2016\n1 Mar 2016–\n31 Mar 2016\nnot amended new Act, relocation\nof provisions from\nthe Mental Health\n(Treatment and\nCare) Act 1994 and\ngeneral\nrenumbering\n1 Apr 2016\n1 Apr 2016–\nA2016-13 amendments by\nA2016-13\n16 June 2016–\nA2016-28 amendments by\nA2016-28\n21 June 2016–\n30 Apr 2017\nA2016-32 amendments by\nA2016-32\n1 May 2017–\n10 Oct 2017\nA2017-10 amendments by\nA2016-42 as\namended by\nA2017-10\n11 Oct 2017\n11 Oct 2017–\n1 Mar 2018\nA2017-28 amendments by\nA2017-28\n2 Mar 2018\n2 Mar 2018–\n21 Nov 2018\nA2017-28 expiry of\ntransitional\nprovisions (ch 40)\n22 Nov 2018\n22 Nov 2018–\n1 Mar 2019\nA2018-42 amendments by\nA2018-42\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n2 Mar 2019\n2 Mar 2019–\n2 Oct 2019\nA2018-42 expiry of provisions\n(s 271 (4), (5))\n3 Oct 2019\n3 Oct 2019–\n30 Nov 2019\nA2019-29\n1 Dec 2019\n1 Dec 2019–\n1 Apr 2020\nA2018-52\nas amended by\nA2019-18\n2 Apr 2020\n2 Apr 2020–\n27 Aug 2020\nA2019-29\n28 Aug 2020\n28 Aug 2020–\n11 Feb 2021\nA2020-43 amendments by\nA2020-43\n12 Feb 2021\n12 Feb 2021–\n25 Feb 2021\nA2020-43 amendments by\nA2020-43\n26 Feb 2021\n26 Feb 2021–\n1 Mar 2021\nA2021-3 amendments by\nA2021-3\n2 Mar 2021\n2 Mar 2021–\nA2021-3 expiry of provisions\n(s 271 (1)-(3))\n23 June 2021–\n15 Nov 2023\nA2021-12 amendments by\nA2021-12\n16 Nov 2023\n16 Nov 2023–\n26 Mar 2024\nA2023-44 amendments by\nA2023-44\n27 Mar 2024\n27 Mar 2024–\n16 Nov 2025\nA2023-45 amendments by\nA2023-45\n17 Nov 2025\n17 Nov 2025–\n25 Nov 2025\nA2023-45 expiry of\ntransitional\nprovisions (ch 20)\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n7 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001, in R1 (see A2015-38\nsch 2 amdt 2.55). Details of renumbered provisions are shown in endnote 4\n(Amendment history). For a table showing the renumbered provisions, see R7.","sortOrder":290}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with the earlier Mental Health (Treatment and Care) Act framework that it replaced, this statute has materially expanded scope beyond simple clinical treatment rules into a comprehensive, system‑level regulatory and administrative regime. Concrete ways the scope has grown: \n\n- Broader coercive and administrative apparatus: detailed forensic mental health pathways (ch 7, ss 101–114), correctional transfer mechanics (ch 8, ss 135–144A), and dedicated custody/secure facility transfer powers (ch 8A) extend the law’s reach into criminal justice and corrections. \n\n- New regulatory and compliance functions: licensing and inspection of private psychiatric facilities (ch 13, ss 223–237) and inspection powers create an oversight/regulatory layer that was not purely clinical. This imposes new licensing compliance and enforcement burdens on private operators (see ss 224–237). \n\n- Expanded data and inter‑agency coordination powers: information‑sharing protocols and approval of interstate agencies (pt 12.5, ss 218–221) authorise structured cross‑agency flows of clinical and custodial information without consent in specified circumstances. \n\n- Institutional concentration and operationalisation: creation and resourcing of named public offices with strong operational roles (Chief Psychiatrist, Care Coordinator, director‑general powers and non‑delegable functions — ss 196–207, s 200(2)) centralises administrative authority. \n\n- Additional high‑risk procedure governance: a detailed statutory regime for electroconvulsive therapy and psychiatric surgery (ch 9, ss 147–175) imposes witness, tribunal and even Supreme Court involvement in some cases (ss 157, 162, 173) where once more general clinical governance applied.\n\nThese additions materially enlarge the Act’s remit from governing individual treatment decisions to regulating providers, coordinating multiple government agencies, and managing custodial and forensic intersections. The expansion changes who decides (more administrative offices), who pays (Territory service costs; private providers bear licensing/compliance costs), and the range of behaviours regulated (licensing, reporting, interstate transfers, forcible treatment and detention). Citations: objects and principles (ss 5–6); forensic orders (ss 101–114); private facility licensing (ss 223–237); information sharing (ss 218–221); chief psychiatrist/care coordinator roles and non‑delegable functions (ss 196–207, s 200(2)); ECT/surgery (ss 147–175)."},"complexity_factors":["Length and breadth: over 270 sections across 17 chapters covering assessments, non‑forensic and forensic orders, correctional transfers, ECT/surgery, interstate arrangements and licensing of private facilities","High number of defined terms and cross‑references: extensive dictionary and cross‑links to at least 8 other Acts (eg Crimes Act 1900; Children and Young People Act 2008; Guardianship and Management of Property Act 1991; Powers of Attorney Act 2006; Corrections Management Act 2007; ACT Civil and Administrative Tribunal Act 2008; Legislation Act 2001)","Multiple conditional regimes: different legal regimes and criteria for ordinary mental health orders (ch 5), forensic orders (ch 7), community orders, emergency detention (ch 6), correctional patient transfers (ch 8) and interstate transfers (ch 15)","Layered decision‑makers and non‑delegable powers: ACAT, Chief Psychiatrist, Care Coordinator, courts, corrections director‑general — with some expressly non‑delegable functions (eg s 200(2), s 198A)","Time‑sensitive procedures and review deadlines: many short review and notice windows (eg assessments within 7 days s 42; ACAT review within 72 hours or 10 days ss 79, 126), creating tight procedural sequencing","Special regimes for high‑risk interventions: separate, complex rules for ECT and psychiatric surgery (ch 9) requiring additional procedural steps, witnesses and in some cases Supreme Court consent","Compliance and enforcement complexity: licensing, inspectors, reporting obligations (restraint/forcible medication registers), and criminal penalties (strict liability offences in several places)","Interagency information sharing and victim‑notification architecture: protocols and register for affected persons (pt 12.5 and pt 7.2) add layers of privacy/exchange rules","Nested exceptions and overlaps: advance consent directions, guardians/attorneys, and tribunal/court orders intersect and sometimes displace each other (eg ss 27–31, ss 30–31, ch 10)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a comprehensive statutory framework for assessing, treating, supporting and, in limited circumstances, detaining people with a mental disorder or mental illness in the Australian Capital Territory (ACT). Key provisions set out powers, decision‑makers, processes and time limits for: assessments (ch 4, esp. ss 33–49); mental health orders (ch 5, ss 50–79); emergency detention and short involuntary detention (ch 6, ss 80–92, 85); forensic pathways for people connected to the criminal justice system (ch 7, ss 93–126); correctional transfers and management of detainees with mental illness (ch 8, ss 135–144); electroconvulsive therapy and psychiatric surgery rules (ch 9, ss 145–175); interstate arrangements (ch 15, ss 242–257); and licensing and inspection of private psychiatric facilities (ch 13, ss 222–237).\n\n- Allocates administrative roles and powers: the Chief Psychiatrist (ss 196–200) and Care Coordinator (ss 204–207) have central operational functions (for example to determine admissions, set treatment arrangements and coordinate community treatment under orders — see ss 62, 70, 103, 110). The ACT Civil and Administrative Tribunal (ACAT) is the independent decision body for most orders (see ch 11 and ch 5 and ch 7). The Act also creates the Mental Health Advisory Council (ss 238–241) and an affected person register (ss 127–134) for victims’ notifications in forensic cases.\n\n- Creates formal advance‑planning and participation instruments: nominated person, advance agreements and advance consent directions (pt 3.2 and pt 3.3, ss 19–32). These are given legal effect (for example, mental health professionals must check for and, where appropriate, follow advance consent directions — s 28).\n\n- Sets procedural rights and safeguards: information and communication rights at facilities (pt 3.1, ss 14–18); requirements for explanation of orders and treatment (eg ss 63, 71, 104); time limits for reviews and assessments (eg s 42, s 79, s 126); right to legal advice and second opinion statements to be included in written information (s 15).\n\n- Regulates high‑intensity interventions: electroconvulsive therapy (ECT) and psychiatric surgery are separately governed with special consent rules, age limits and judicial or tribunal oversight where capacity or consent is lacking (ch 9, ss 147–175). ECT to adults with capacity requires written consent and limits on number of treatments (see s 148 and s 158); ECT and psychiatric surgery for people without capacity requires ACAT orders or Supreme Court consent (ss 157, 162, 173).\n\n- Sets enforcement, search/apprehension and offence provisions: authorised officers (police, doctors, paramedics, mental health officers) can apprehend and, where necessary, enter premises, search, seize and use minimum reasonable force to effect detention (ss 263–264). Several operational failures are criminalised (eg owner failure to provide facility information, s 18; limits on communication without access to advocate or lawyer, ss 75, 116; unauthorised ECT, s 152), with specified penalties.\n\n**Who this affects**\n\n- People with mental illness or mental disorder who may be assessed, detained, or placed subject to orders: they may be admitted to approved mental health facilities, detained, required to accept treatment in hospital or the community under orders (ch 4–7, especially ss 37, 58, 66, 101, 108).\n\n- Families, carers and nominated persons: the Act creates rights to notification and consultation (eg ss 54, 62(5), 70(3)); but in certain circumstances orders and professional determinations can lawfully override refusals to consent (see ss 58(2)(b), 66(2)(b), 101(2)).\n\n- ACAT and the judiciary: ACAT is the primary decision‑maker for orders and reviews (ch 11); courts interact with the regime for fitness to plead, referrals and Supreme Court consent for psychiatric surgery (ch 9 and ch 10).\n\n- Chief Psychiatrist, Care Coordinator, mental health officers, inspectors, and other public officials: the Act establishes and allocates powers and duties to these offices (chs 12–13; see ss 196–207 and ss 234–237).\n\n- Private psychiatric facilities and their operators: must be licensed and are subject to inspection, conditions and possible cancellation (ch 13, ss 223–237). Licensing creates compliance, record‑keeping and staffing requirements (ss 226–233).\n\n- Corrections system and courts: the Act provides pathways for transfer of detainees to mental health facilities, for leave, and for interplay with bail/parole conditions (chs 7, 8 and ss 119–144A).\n\n**Why it matters (policy functions and trade‑offs — stated purpose then mechanical testing)**\n\nStated purposes (the Act’s own language): promote recovery, support decision‑making capacity, use the least restrictive option, and improve access to appropriate services (s 5) and require decision‑makers to observe principles such as presumption of capacity, informed consent, and least restriction (s 6).\n\nHow that operates and the trade‑offs it creates:\n- Benefit concentration vs diffuse costs: ACAT orders and chief psychiatrist/care coordinator determinations benefit individual patients (access to treatment and forced treatment where the law permits) and victims (affected person register, ch 7 pt 7.2), while costs are borne by the Territory (service provision), licensed private providers (compliance costs under ch 13, ss 224–233) and persons whose liberty is restricted. The licensing regime (s 226–233) creates overheads and administrative compliance costs for private providers.\n\n- Incentives and substitution effects: the Act creates legal mechanisms to prioritise community care orders (s 66) and forensic community care orders (s 108) where appropriate, which can substitute for inpatient detention. But those orders also create supervisory and compliance regimes that can increase system policing costs and may shift patients between facility‑based and community‑based regimes depending on capacity constraints (see s 66(2)(h), s 108(2)(g)).\n\n- Bureaucratic discretion and non‑delegable functions: significant decision power is given to the Chief Psychiatrist and Care Coordinator to determine admission, treatment parameters and detention (see ss 62, 70, 103, 110). Some functions are expressly non‑delegable (see s 200(2)(a)–(b) and s 207(2)(a)), concentrating discretion in named officials — this reduces fragmentation but increases the importance of those offices’ capacity and accountability.\n\n- Compliance burden and recordkeeping: robust reporting and record obligations (for detention, restraint, forcible medication — ss 65(5), 73(5), 266) and strict timelines for notices and reviews (eg assessments within 7 days s 42; ACAT review within 72 hours or 10 days in some circumstances — ss 79, 126) will increase administrative workload for facilities and tribunals. Failure to meet notification or access obligations attracts penalties (see ss 18, 75, 90).\n\n- Implementation risk and service capacity: many provisions assume availability of suitable less‑restrictive options and community services (s 5(c), s 56(i), s 66(2)(h)). If community capacity is limited, there is a risk of increased use of detention powers or prolonged transfers from correctional settings (see ch 8 ss 136–142, and requirement that ACAT review transfer delays s 140(2)–(3)).\n\n- Rights vs therapeutic powers: the Act balances rights (information, nominated persons, advance directives — s 15, ss 19–32) against statutory powers to detain and give treatment without consent in defined circumstances (ss 58, 66, 85, 101, 108). For example, advance consent directions are enforceable (s 28), but ACAT orders or guardian/attorney consent rules may still displace preferences where the Act permits (see ss 30–31, and ACAT powers under ch 5). ECT and psychiatric surgery receive heightened procedural safeguards (chs 9).\n\n- Information sharing and privacy limits: the Act authorises inter‑agency sharing of relevant information under protocols for safe and effective care (pt 12.5, ss 219–221). This reduces friction in cross‑agency responses but lowers individual control over health data in specific circumstances (see s 219(3)–(4)).\n\n**Concrete behavioural changes the Act creates**\n- Individuals: increased procedural options to prepare advance agreements and nominate persons (ss 19–31), but narrower ability to refuse treatment where ACAT criteria or forensic criteria are met (ss 58, 101, 66, 108).\n- Providers: public mental health services must follow determinations and guidelines from chief psychiatrist and care coordinator (ss 62, 70, 198A). Private providers must obtain licences and meet licence conditions (ch 13 ss 224–233).\n- Officials: police, doctors, paramedics and authorised mental health officers have explicit statutory powers to apprehend, detain and search in specific circumstances (ss 80, 263–264), with reporting and review obligations (ss 83–89, 266).\n\n**Key sections cited (non‑exhaustive examples)**\n- Objects and principles: ss 5–6\n- Decision‑making capacity standard and principles: ss 7–8\n- Assessment orders and timelines: ch 4 (ss 33–49), s 42\n- Mental health orders and criteria for making them: ch 5 (ss 58–79), ss 56, 58, 66\n- Forensic orders: ch 7 (ss 93–126), e.g. ss 101, 108\n- Emergency detention and short involuntary detention: ch 6 (ss 80–92), s 85\n- Chief Psychiatrist and Care Coordinator roles: ss 62, 70, 103, 110; appointment & functions ss 196–205\n- Advance agreements and advance consent directions: ss 24–32\n- ECT and psychiatric surgery: ch 9 (ss 147–175)\n- Private psychiatric facility licensing and inspection: ch 13 (ss 223–237)\n- Powers of entry/apprehension/search and seizure: ss 263–264\n- Notices, reviews and time limits: ss 79, 126, 42\n\n(If you want, I can prepare a 1–2 page quick‑reference table mapping the most common interventions (assessment, psychiatric treatment order, community care order, forensic order, emergency detention, ECT, psychiatric surgery) to: who can apply/make the order, the legal test, time limits, and immediate effects.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":780},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive mental health treatment and protection framework. The 2025 republication includes amendments but maintains the core scope of regulating involuntary treatment, patient rights, and forensic mental health matters."},"complexity_factors":["274 sections across 16 chapters plus schedules","Extensive cross-referencing with other ACT laws (Children and Young People Act, Crimes Act, Guardianship Act, Powers of Attorney Act, etc.)","Multiple overlapping order types: assessment orders, psychiatric treatment orders, community care orders, forensic versions of each, restriction orders, electroconvulsive therapy orders, emergency orders","Detailed procedural requirements for ACAT hearings with exceptions for emergencies","Complex definitions distinguishing 'mental disorder' from 'mental illness'","Numerous defined terms in dictionary (40+ entries)","Conditional logic throughout: capacity assessments, age-based distinctions (adult/child/12-15/16-17), consent requirements","Multiple responsible officials: chief psychiatrist, care coordinator, director-general, CYP director-general, corrections director-general","Strict time limits for reviews and notifications (72 hours, 7 days, 10 days, etc.)","Interaction with criminal justice system for forensic patients","Interstate operation provisions requiring recognition of other states' laws"],"plain_english_summary":"The Mental Health Act 2015 (ACT) sets a legal framework for assessing and treating people with mental illness or disorder, allowing limited involuntary treatment when decision-making is impaired and safety is at risk, while providing tribunal oversight, emergency powers, regulated serious treatments, and supports for advance planning and advocacy.\n\nIt affects patients, families, clinicians, police and corrections staff, and victims—balancing access to care with safeguards for dignity, autonomy and review."}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-act-2015","history":"/api/acts/mental-health-act-2015/history","analysis":"/api/acts/mental-health-act-2015/analysis","conflicts":"/api/acts/mental-health-act-2015/conflicts","importantCases":"/api/acts/mental-health-act-2015/important-cases","documents":"/api/acts/mental-health-act-2015/documents"}}