Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 138

    (1)     This section applies if—

        (a)     the director-general is told by the corrections director-general or CYP director-general, or otherwise becomes aware, of any of the following in relation to a person who is a correctional patient:

              (i)     the person's sentence of imprisonment ends;

              (ii)     the person is released on parole;

              (iii)     the person is otherwise released from detention on the order of a court;

              (iv)     the relevant charge against the person is dismissed;

              (v)     the director of public prosecutions notifies the ACAT or a court that the relevant charge against the person will not proceed; and

        (b)     the person is not required to be detained under another court order.

Note     The corrections director-general and the CYP director-general must tell the director-general of any change in a person's status as a detainee or young detainee (see Corrections Management Act 2007

, s 54A and Children and Young People Act 2008

, s 109A).

    (2)     The director-general must—

        (a)     at the person's request, continue the treatment, care or support in the approved mental health facility; or

        (b)     make any other decision that the director-general may make in relation to the person under this Act; or

        (c)     release the person from the approved mental health facility.

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