43Removal order to conduct assessment

43 Removal order to conduct assessment (1) This section applies if the ACAT makes— (a) an assessment order in relation to a person under section 37 (1) (a), (b) or (c) who— (i) has not been served with a subpoena under the ACT Civil and Administrative Tribunal Act 2008, section 41 (Powers in relation to witnesses etc) for a reason stated in section 192 (3) (Subpoena to appear in person); or (ii) does not appear at a proceeding in relation to the order under a subpoena given under the ACT Civil and Administrative Tribunal Act 2008, section 41; or (iii) does not comply with the assessment order; or (b) an assessment order in relation to a person under section 37 (1) (d) or (e); or (c) an emergency assessment order in relation to a person.

(2) The ACAT may order (a removal order) the removal of the person to an approved mental health facility to conduct the assessment if satisfied that— (a) the person has been made aware of the assessment order (unless the assessment order is an emergency assessment order); and (i) if the person does not comply with the assessment order— the person does not have a reasonable excuse for failing to comply with the order; or (ii) in any other case—the ACAT is satisfied that it is appropriate in the circumstances. (3) The removal order must state— (a) the day (not later than 1 month after the day the order is made) when the order stops having effect; and (b) the mental health facility to which the person is to be removed; and (c) the nature of the assessment to be conducted in relation to the (4) A removal order authorises— (a) the apprehension of the person named in the order; and (b) the removal of the person to the mental health facility stated in the order.