Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 124

    (1)     This section applies if—

        (a)     a forensic mental health order is in force in relation to a person; and

        (b)     the person contravenes the order; and

        (c)     section 125 (Contravention of forensic mental health order—absconding from facility) does not apply to the contravention.

Examples—contravention

1     failure to return from leave granted by ACAT

2     not attending mental health facility for treatment, care or support

    (2)     The relevant official for the order or a mental health officer may take action to tell the person that failure to comply with the order may result in the person being apprehended and taken to a relevant facility for treatment, care or support.

    (3)     Action taken under subsection (2) must—

        (a)     be taken within 7 days of the contravention; and

        (b)     involve the taking of all reasonable steps to tell the person the information mentioned in subsection (2).

    (4)     If the noncompliance continues after the taking of action under subsection (2), the relevant official or mental health officer may require the person to be detained at a relevant facility for treatment, care or support.

    (5)     If a person is required to be detained under subsection (4), a police officer, authorised ambulance paramedic, doctor or mental health officer may apprehend the person and take the person to a relevant facility.

Note     See s 263 (Powers of entry and apprehension) and s 264 (Powers of search and seizure).

    (6)     If a person is detained under this section the relevant official or mental health officer must, within 12 hours after the detention starts, give written notice to the ACAT and the public advocate of—

        (a)     the name of the person detained; and

        (b)     the reasons for the detention; and

        (c)     the name and address of the relevant facility where the person is detained.

Note     The ACAT must review the order within 72 hours after being notified under this subsection (see s 126 (5)).

    (7)     In this section:

"relevant facility" means—

        (a)     for a person in relation to whom a forensic psychiatric treatment order is in force—an approved mental health facility; or

        (b)     for a person in relation to whom a forensic community care order is in force—an approved community care facility.