Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 36

    (1)     This section applies if—

        (a)     a person (the applicant ) applies under section 34 (Applications by other people—assessment order), or a referring officer applies under section 35, for an assessment order in relation to someone else; and

        (b)     the applicant or referring officer believes on reasonable grounds that anything to do with the application process is likely to substantially increase—

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

              (ii)     the risk of serious harm to others.

    (2)     The application must state—

        (a)     the applicant's or referring officer's belief about the substantially increased risk; and

        (b)     the basis for the belief.

    (3)     The ACAT must give the chief psychiatrist a copy of the application.