Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 195

    (1)     The ACAT must give a copy of an ACAT order to the following people:

        (a)     the subject person;

        (b)     if the subject person has a representative—the representative;

        (c)     if the subject 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);

        (d)     if the subject person has a guardian—the guardian;

        (e)     if the subject person has made a power of attorney under the Powers of Attorney Act 2006

—the attorney under the power of attorney;

        (f)     the public advocate;

        (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 subject person is referred to the ACAT under section 94 (Applications for forensic mental health orders—detainees etc)—

              (i)     the chief psychiatrist; and

              (ii)     the corrections director-general.

              (i)     if the person was ordered to submit to the jurisdiction of the ACAT by a court—the court;

        (j)     if the order requires the person to be admitted to a facility—the person in charge of the facility;

        (k)     anyone else ordered by the ACAT;

        (l)     if the subject person has a nominated person—the nominated person.

    (2)     The ACAT must also give a copy of the following orders of the ACAT to the chief psychiatrist:

        (a)     a psychiatric treatment order;

        (b)     a restriction order in relation to a person subject to a psychiatric treatment order;

        (c)     a forensic psychiatric treatment order;

        (d)     an electroconvulsive therapy order;

        (e)     an emergency electroconvulsive therapy order.

    (3)     The ACAT must also give a copy of the following orders of the ACAT to the care coordinator:

        (a)     a community care order;

        (b)     a restriction order in relation to a person subject to a community care order;

        (c)     a forensic community care order.

    (4)     The ACAT must give a copy of an emergency electroconvulsive therapy order to the people mentioned in subsection (1) and (2) in relation to the order within 24 hours after the order is made.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.