Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 575

    (1)     In a proceeding for an interim intensive therapy order or intensive therapy order for a child or young person, the Childrens Court—

        (a)     if satisfied that the child or young person may have a mental disorder or mental illness—may order the child or young person to submit to the jurisdiction of the ACAT; or

        (b)     if satisfied that the child or young person has a mental disorder or mental illness—must order the child or young person to submit to the jurisdiction of the ACAT.

    (2)     However, the Childrens Court need not order the child or young person to submit to the jurisdiction of the ACAT if satisfied that making an interim intensive therapy order or intensive therapy order is the best way to support the child or young person.

    (3)     The Childrens Court may, under an interim intensive therapy order or intensive therapy order, include a requirement that the child or young person submit to the jurisdiction of the ACAT if satisfied that an order with the requirement is the best way to support the child or young person.

    (4)     If the Childrens Court makes an order under subsection (1), or an order with a requirement mentioned in subsection (3), the order must contain a provision directing the child or young person to submit to the jurisdiction of the ACAT to allow the ACAT—

        (a)     to decide whether the child or young person has a mental disorder or mental illness; and

        (b)     if the ACAT decides that the child or young person has a mental disorder or mental illness—to make recommendations to the Childrens Court about how the child or young person should be dealt with.