180Review of detention under court order

180 Review of detention under court order (1) This section applies if, under the Crimes Act, part 13, a court orders that a person be detained in custody for immediate review by the ACAT. (2) The ACAT must review the detention and consider the release of the (a) as soon as practicable, and not later than 7 days after the day of the order; and (b) if the ACAT does not order the release of the person—at least monthly while the detention continues. Note Under s 188, the ACAT must give notice of the hearing to certain people and may give notice to anyone else it considers appropriate. (3) In reviewing the detention and considering the release of a person, the ACAT must have regard to the following: (a) that detention in custody is to be regarded as a last resort and ordered only in exceptional circumstances; (b) the nature and extent of the person’s mental disorder or mental illness, including the effect it is likely to have on the person’s behaviour in the future; (c) whether or not, if released— (i) the person’s health or safety would be, or would be likely to be, substantially at risk; or (ii) the person would be likely to do serious harm to others;

Act (d) if there is a registered affected person in relation to the person— (i) any statement by the registered affected person; and (ii) the views of the victims of crime commissioner; (e) if the court nominated a term under the Crimes Act, part 13— the nominated term; (f) any information the chief psychiatrist or director-general has given to the ACAT about the treatment, care or support the person requires, including that the person be admitted to a particular approved mental health facility or approved community care facility. (4) An order for the release of a person may be made subject to the conditions (if any) the ACAT considers appropriate, including a requirement to comply with a particular mental health order or forensic mental health order as in force from time to time. (5) If, on a review, the ACAT does not order the release of a person, the ACAT may— (a) make mental health orders (including additional orders) in relation to the person; or (b) make forensic mental health orders (including additional orders) in relation to the person; or (c) vary or revoke any of the mental health orders or forensic mental health orders in force in relation to the person. (6) If, on a review, the ACAT does not order the release of a person, the ACAT must tell the following that the detention continues: (a) the person; (b) the chief psychiatrist;

Act (c) if the person is a child— (i) each person with parental responsibility for the child under (Parental responsibility); and (ii) the CYP director-general; (d) the public advocate; (e) the human rights commission; (f) if the person has a guardian under the Guardianship and (g) if the person has an attorney under the Powers of Attorney (h) if the person has a nominated person—the nominated person; (i) if a health attorney is involved in the treatment, care or support of the person—the health attorney; (j) if the person is detained in a correctional centre—the corrections (k) if the person is detained in a detention place—the CYP director- general.