ACT Civil and Administrative Tribunal|2018-12-24|Before: Neate AM, Member Dr P

For the reasons given above, the appeal Tribunal decided that the appeal be dismissed. Consequently, the Tribunal ordered that the decision of the original Tribunal on 2 August 2018 to make a psychiatric treatment order in relation to FG be confirmed.

[1] The letters FG have been used to preserve the anonymity of the person the subject of the PTO consistent with section 40 of the ACT Civil and Administrative Tribunal Act 2008 and section 194 of the Mental Health Act 2015. The letters bear no resemblance to the initials of the subject person's name

[3] MH Act section 194; ACT Civil and Administrative Tribunal Act 2008 section 39

[4] Transcript of proceedings 2 August 2018 page 28

[5] Transcript of proceedings 2 August 2018 pages 9-11 and 22

[6] Transcript of proceedings 2 August 2018 pages 11 and 13

[7] Transcript of proceedings 2 August 2018 page 29

[8] Transcript of proceedings 2 August 2018 pages 29-30

[9] Transcript of proceedings 2 August 2018 page 30

[10] In the matter of BC [2018] ACAT 67

[11] Transcript of proceedings 12 July 2018 page 11

[12] Macquarie Dictionary (Pan McMillan, 7th edn, 2017)

[13] The Australian Concise Oxford Dictionary of Current English (Oxford University Press, 1987)

[15] MH Act section 62(1); see also section 197

[22] See In the matter of ED [2017] ACAT 84 [49]

[24] Rejman v Dunsmore (1983) 32 SASR 151 [159]

[25] See In the matter of BC [2018] ACAT 67 [18], [21]-[23] and [25]

[28] In the matter of ED [2017] ACAT 84 [50]

[29] Section 138 of the Legislation Act 2001 provides that "working out the meaning of an Act" means -

(a) resolving an ambiguous or obscure provision of the Act; or

(b) confirming or displacing the apparent meaning of the Act; or

(c) finding the meaning of the Act when its apparent meaning leads to a result that is manifestly absurd or is unreasonable; or

(d) finding the meaning of the Act in any other case.

[38] MH Act section 58(2)(g); see also section 5(c)

[47] Transcript of proceedings 2 August 2018 page 28

[49] See LB v Mental Health ACT [2006] ACTSC 15 [2] in respect of the equivalent provision in the now-repealed Mental Health (Treatment and Care) Act 1994

[50] See In the matter of ED [2017] ACAT 84 [20]-[23]

Civil and Administrative Tribunal Act 2008

Health (Treatment and Care) Act 1994

IN THE MATTER OF FG (Appeal) [2018] ACAT 134 (24 December 2018)

Legislation cited: ACT Civil and Administrative Tribunal Act 2008 s 39, 40, 79

Mental Health Act 2015 ss 2, 5, 6, 7, 8, 15, 16, 24, 36, 51, 56, 57, 58, 62, 64, 77, 79, 194, 197, Dictionary

Legislation Act 2001 ss 138, 139, 140

Cases cited: House v R [1936] HCA 40

In the Matter of BC [2018] ACAT 67

In the matter of ED [2017] ACAT 84

LB v Mental Health ACT [2006] ACTSC 15

Rejman v Dunsmore (1983) 32 SASR 151

IN THE MATTER OF FG (Appeal) [2018] ACAT 134 (24 December 2018)

At a glance

Court

Decision date

Before

Source

Judgment (30 paragraphs)

Legislation Cited (3)

Cases Cited (3)

IN THE MATTER OF FG (Appeal) [2018] ACAT 134 (24 December 2018)