Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 139

    (1)     This section applies to a correctional patient who has been transferred to an approved mental health facility.

    (2)     The correctional patient may, at any time, apply to the ACAT to be returned to a correctional centre or detention place.

Note 1     Requirements for applications to the ACAT are set out in the ACT Civil and Administrative Tribunal Act 2008

, s 10.

Note 2     If a form is approved under the ACT Civil and Administrative Tribunal Act 2008

, s 117 for the application, the form must be used.

    (3)     On application, the ACAT—

        (a)     must order the correctional patient be returned to a correctional centre or detention place if satisfied that the patient does not have a mental illness for which treatment, care or support is available in the approved mental health facility; and

        (b)     may order the correctional patient be returned to a correctional centre or detention place if the ACAT considers it appropriate.

    (4)     The ACAT may, at any time on its own initiative, order the correctional patient be returned to a correctional centre or detention place if the ACAT considers it appropriate.