Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 144

    (1)     The relevant director-general may revoke a grant of leave in relation to a correctional patient if—

        (a)     the patient contravenes a condition of the grant; or

        (b)     the chief psychiatrist considers it is necessary to revoke the grant because the patient—

              (i)     is doing, or is likely to do, serious harm to themself or someone else; or

              (ii)     is suffering, or is likely to suffer, serious mental or physical deterioration; or

              (iii)     seriously endangers, or is likely to seriously endanger, public safety.

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

    (2)     Before revoking a grant of leave under subsection (1), the relevant director-general must consult—

        (a)     the chief psychiatrist; and

        (b)     if the relevant director-general is the health director-general—the corrections director-general or the CYP director-general.

    (3)     If a person's leave is revoked under this section, a police officer, authorised ambulance paramedic, doctor or mental health officer may apprehend the person and take the person to an approved mental health facility.

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

    (4)     If a person is detained under subsection (3), the person in charge of the approved mental health facility 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 approved mental health facility where the person is detained.