Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if—
(a) the director-general is told by the corrections director-general, the CYP director-general or otherwise becomes aware of any of the following in relation to a person who is taken to be in the director-general's custody:
(i) the person's sentence of imprisonment ends;
(ii) the person is released on parole;
(iii) the person is otherwise released 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.
(2) The director-general must—
(a) at the person's request, continue the treatment, care or support in an approved mental health facility; or
(b) if the person is a child who does not have decision-making capacity to make the request—at the request of a person with parental responsibility for the person under the Children and Young People Act 2008
, division 1.3.2 (Parental responsibility), continue the treatment, care or support in an approved mental health facility; or
(c) make any other decision that the director-general may make in relation to the person under this Act; or
(d) release the person from the secure mental health facility.
Note For principles that must be taken into account when exercising a function under this Act, see s 6.
(3) The director-general must give written notice of a decision made under subsection (2) to the following:
(a) the ACAT;
(b) the public advocate;
(c) the person;
(d) if the person has a nominated person—the nominated person;
(e) if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008
, division 1.3.2 (Parental responsibility);
(f) if the person has a guardian under the Guardianship and Management of Property Act 1991
—the guardian and the ACAT;
(g) if the person has an attorney under the Powers of Attorney Act 2006
—the attorney.