Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a person taken to be in the custody of the director-general escapes from a secure mental health facility.
(2) The person in charge of the secure mental health facility must immediately tell the police that the person has escaped.
(3) The person in charge of the secure mental health facility must also give written notice of the person escaping to the following:
(a) the ACAT;
(b) the public advocate;
(c) if the person has a nominated person—the nominated person;
(d) 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);
(e) if the person is a young detainee—the CYP director-general;
(f) if the person is a detainee—the corrections director-general;
(g) if there is a registered affected person in relation to the person—the director-general responsible for the ACT Civil and Administrative Tribunal Act 2008
.
(4) A police officer, authorised ambulance paramedic, mental health officer or doctor may apprehend the person and return the person to the secure mental health facility.
Note See s 263 (Powers of entry and apprehension) and s 264 (Powers of search and seizure).
(5) A police officer, authorised ambulance paramedic, mental health officer or doctor who apprehends and returns the person to a secure mental health facility must give the director-general a written statement containing any of the following relevant information:
(a) the nature and extent of the force or assistance used to enter any premises, or to apprehend the person and take the person to the facility;
(b) the nature and extent of any restraint, involuntary seclusion or forcible giving of medication used when apprehending the person or taking the person to the facility;
(c) anything else that happened when the person was being apprehended and taken to the facility that may have an effect on the person's physical or mental health.
Examples—par (c)
1 the person was subject to threat of violence from another person
2 a package of white powder fell out of the person's pocket
3 the person was in an agitated state and hit their head against the side of the transport vehicle
(6) The director-general must—
(a) enter the statement in the person's record; and
(b) keep a register of any restraint, involuntary seclusion or forcible giving of medication included in the statement; and
(c) tell the public advocate, in writing, of any restraint, involuntary seclusion or forcible giving of medication included in the statement.