Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 185

When ACAT may be constituted by presidential member

    (1)     This section applies to a proceeding on any of the following:

        (a)     an assessment order;

        (b)     a removal order under section 43 (2) (Removal order to conduct assessment);

        (c)     an order for the extension of a person's detention under section 85 (3) (Authorisation of involuntary detention);

        (d)     a review of involuntary detention under section 85 (5);

        (e)     an order for a person's release under section 91 (Orders for release);

        (f)     a grant of leave under section 122 (Leave in emergency or special circumstances);

        (g)     a review of a transfer direction under section 140 (Review of correctional patient awaiting transfer to mental health facility);

        (h)     a review of a transfer direction under section 141 (Review of correctional patient transferred to mental health facility).

    (2)     The ACAT may be made up by a presidential member alone, but not a non-presidential member alone.

Note     The president of the ACAT is responsible for allocating members to the ACAT for an application (see ACT Civil and Administrative Tribunal Act 2008

, s 89).



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