Mental Health Act 2016
sec.138Mental Health Court to decide category
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sec.138 Mental Health Court to decide category
If the Mental Health Court decides to make a forensic order for a person, the court must also decide the category of the order. The court may decide the category of the order is community only if the court considers there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property. The forensic order must state the category of the order. (sec.138-ssec.1) If the Mental Health Court decides to make a forensic order for a person, the court must also decide the category of the order. (sec.138-ssec.2) The court may decide the category of the order is community only if the court considers there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property. (sec.138-ssec.3) The forensic order must state the category of the order.