Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 188

    (1)     At least 3 days before the ACAT holds a hearing in relation to a matter under this Act, the ACAT—

        (a)     must give written notice of the hearing to the following people:

              (i)     if the subject person is not required to appear by a subpoena under the ACT Civil and Administrative Tribunal Act 2008

, section 41 for a reason other than because section 192 (3) (Subpoena to appear in person) applies in relation to the person—the subject person;

              (ii)     the representative of the subject person (if any);

              (iii)     if the subject person is a child—

    (A)     each person with parental responsibility for the child under the Children and Young People Act 2008

, division 1.3.2 (Parental responsibility); and

    (B)     the CYP director-general;

              (iv)     if the subject person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian;

              (v)     if the subject person has an attorney under the Powers of Attorney Act 2006

—the attorney;

              (vi)     if the subject person is referred to the ACAT under section 35 (Applications by referring officers—assessment order)—the referring officer;

              (vii)     the applicant (if any);

              (viii)     if the hearing is on a proceeding on a mental health order, a forensic mental health order, or a review required under section 180 (2) (Review of detention under court order), for which there is a registered affected person for the person—

    (A)     the registered affected person; and

    (B)     the victims of crime commissioner;

              (ix)     the public advocate;

              (x)     the chief psychiatrist;

              (xi)     the care coordinator;

              (xii)     the director-general of the administrative unit that has responsibility for providing care, support and protection for people with a mental disorder; and

        (b)     may give written notice to anyone else the ACAT considers appropriate.

Example—par (b)

an official visitor

    (2)     Subsection (1) does not apply to a matter under this Act if—

        (a)     the chief psychiatrist gives the ACAT written notice that the chief psychiatrist believes on reasonable grounds that anything to do with the notification process is likely to substantially increase—

              (i)     the risk to the subject person's health or safety; or

              (ii)     the risk of serious harm to others; and

        (b)     a presidential member of the ACAT is satisfied that the risks mentioned in paragraph (a) make the giving of notice under subsection (1) undesirable for the matter; and

        (c)     the ACAT—

              (i)     tells the public advocate that notice under subsection (1) has not been given; and

              (ii)     gives the public advocate a copy of the written notice mentioned in paragraph (a).

    (3)     Also, subsection (1) does not apply in relation to a hearing to be held for any of the following:

        (a)     the making of an emergency assessment order under section 39;

        (b)     a review required under section 79 (3) (Review of mental health order);

        (c)     an application under section 85 (2) or (4) (Authorisation of involuntary detention);

        (d)     a review required under section 126 (5) (Review of forensic mental health order);

        (e)     the making of an emergency electroconvulsive therapy order under section 162 (Making of emergency electroconvulsive therapy order);

        (f)     a review required under section 182 (2) (Review of conditions of release).

Note     Requirements in relation to hearings are set out in the ACT Civil and Administrative Tribunal Act 2008

, div 5.4. Those requirements apply unless this Act provides otherwise.