Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 125

    (1)     This section applies if—

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

        (b)     the forensic mental health order requires the person to be detained at an approved mental health facility or an approved community care facility; and

        (c)     the person absconds from the facility.

    (2)     The person in charge of the facility must immediately tell the police that the person has absconded.

    (3)     A police officer, authorised ambulance paramedic, mental health officer or doctor may apprehend the person and take the person to an approved mental health facility or approved community care facility.

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

    (4)     A police officer, authorised ambulance paramedic, mental health officer or doctor who apprehends a person under this section must tell the person the reason for the apprehension.

    (5)     If a person is detained under this section the relevant official for the order 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 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)).