Mental Health Act 2015
144DPower to apprehend if person escapes from secure
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144D Power to apprehend if person escapes from secure mental health facility (1) This section applies if a person taken to be in the custody of the director-general escapes from a secure mental health facility. (2) The person in charge of the secure mental health facility must immediately tell the police that the person has escaped.
(3) The person in charge of the secure mental health facility must also give written notice of the person escaping to the following: (a) the ACAT; (d) if the person is a child—each person with parental responsibility (e) if the person is a young detainee—the CYP director-general; (f) if the person is a detainee—the corrections director-general; (g) if there is a registered affected person in relation to the person— the director-general responsible for the ACT Civil and Administrative Tribunal Act 2008. (4) A police officer, authorised ambulance paramedic, mental health officer or doctor may apprehend the person and return the person to the secure mental health facility. (5) A police officer, authorised ambulance paramedic, mental health officer or doctor who apprehends and returns the person to a secure mental health facility must give the director-general a written statement containing any of the following relevant information: (a) the nature and extent of the force or assistance used to enter any premises, or to apprehend the person and take the person to the (b) the nature and extent of any restraint, involuntary seclusion or forcible giving of medication used when apprehending the person or taking the person to the facility;
(c) anything else that happened when the person was being apprehended and taken to the facility that may have an effect on the person’s physical or mental health. Examples—par (c) 1 the person was subject to threat of violence from another person (6) The director-general must— (b) keep a register of any restraint, involuntary seclusion or forcible giving of medication included in the statement; and (c) tell the public advocate, in writing, of any restraint, involuntary statement.