Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 126

    (1)     The ACAT may review a forensic mental health order in force in relation to a person on its own initiative.

Note     For principles that must be taken into account when exercising a function under this Act, see s 6.

    (2)     The ACAT must review a forensic mental health order in force in relation to a person if the person, or the person's representative, applies for the review on the basis that the order, or part of the order, is no longer required.

    (3)     The ACAT must review each forensic mental health order in force in relation to a person within 10 days if the ACAT receives notice in relation to the person under any of the following:

        (a)     section 105 (Action if forensic psychiatric treatment order no longer appropriate—no longer person in relation to whom ACAT could make order);

        (b)     section 106 (Action if forensic psychiatric treatment order no longer appropriate—no longer necessary to detain person);

        (c)     section 112 (Action if forensic community care order no longer appropriate—no longer person in relation to whom ACAT could make order);

        (d)     section 113 (Action if forensic community care order no longer appropriate—no longer necessary to detain person).

    (4)     A review of a matter under subsection (3) must include, as far as practicable, consulting a person mentioned in section 97.

    (5)     The ACAT must review each forensic mental health order in force in relation to the person within 72 hours if the ACAT receives notice in relation to the person under—

        (a)     section 124 (6) (Contravention of forensic mental health order); or

        (b)     section 125 (5) (Contravention of forensic mental health order—absconding from facility).

    (6)     A review required under subsection (5)—

        (a)     may be conducted without a hearing; and

        (b)     may include consulting a person mentioned in section 97.

Note     If the ACAT holds a hearing for the review, s 188 (1) (Notice of hearing) does not apply (see s 188 (3)).

    (7)     If the ACAT is satisfied that a person in relation to whom a forensic mental health order is in force is no longer a person in relation to whom the ACAT could make a forensic mental health order, the ACAT must revoke all the forensic mental health orders in force in relation to the person.

    (8)     In any other case, the ACAT may, if appropriate, do any of the following:

        (a)     confirm, amend or revoke any of the forensic mental health orders in force in relation to the person;

        (b)     make additional forensic mental health orders in relation to the person;

        (c)     make a mental health order in relation to the person;

        (d)     make an assessment order in relation to the person.

    (9)     In this section:

"representative", for a person, means any of the following:

        (a)     if the person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian;

        (b)     if the person has an attorney under the Powers of Attorney Act 2006

—the attorney;

        (c)     if the person has a nominated person—the nominated person;

        (d)     a close relative or close friend of the person;

        (e)     a legal representative of the person.