Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 190

Appearance

    (1)     The following people may appear and give evidence at the hearing of a proceeding:

        (a)     the person (the subject person ) who is the subject of the proceeding;

        (b)     if the subject person is a child—

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

, division 1.3.2 (Parental responsibility); and

              (ii)     the CYP director-general;

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

—the guardian;

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

—the attorney;

        (e)     if the subject person has a nominated person—the nominated person;

        (f)     the applicant (if any);

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

        (h)     if the proceeding is 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 offence committed or alleged to have been committed by the subject person—

              (i)     the registered affected person; and

              (ii)     the victims of crime commissioner;

              (i)     the public advocate;

        (j)     the chief psychiatrist;

        (k)     the director-general who has control of the administrative unit to which responsibility for the provision of treatment, care and protection for people with a mental disorder (other than people with a mental illness) is allocated;

        (l)     the discrimination commissioner.

    (2)     Other people may appear and give evidence at the hearing with the leave of the ACAT.

    (3)     This section does not prevent a person from making a written submission to the ACAT in relation to a proceeding.



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