108Forensic community care order

108 Forensic community care order (a) a detainee or person serving a community-based sentence assessed under an assessment order; or (b) a person referred to the ACAT for a forensic mental health order under division 7.1.2; or (c) a person required by a court to submit to the jurisdiction of the

(2) The ACAT may make a forensic community care order in relation to the person if— (a) the person has a mental disorder; and (b) the ACAT believes on reasonable grounds that, because of the mental disorder, the person— mental disorder, the person has seriously endangered, is seriously endangering, or is likely to seriously endanger, public safety; and (d) the ACAT is satisfied that treatment, care or support is likely to reduce the harm, deterioration or endangerment, or the likelihood of harm deterioration or endangerment, mentioned in paragraph (b) or (c); and (e) the ACAT is satisfied that, in the circumstances, a forensic psychiatric treatment order should not be made; and (f) the ACAT is satisfied that, in the circumstances, a mental health order should not be made; and (g) the ACAT is satisfied that the treatment, care or support to be provided under the forensic community care order cannot be adequately provided in another way that would involve less (3) In making a forensic community care order in relation to a person, the ACAT is not required to take into account the person’s decision-making capacity.