Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 37

    (1)     The ACAT may order an assessment of a person if—

        (a)     an application for an assessment order is made under part 4.1 and the ACAT is satisfied on the face of the application that—

              (i)     the person appears to have a mental disorder or mental illness; and

              (ii)     either—

    (A)     the person's health or safety is, or is likely to be, substantially at risk; or

    (B)     the person is doing, or is likely to do, serious harm to others; or

        (b)     the ACAT reviews a mental health order in force in relation to the person under section 79 (Review of mental health order); or

        (c)     the person is required to submit to the jurisdiction of the ACAT under—

              (i)     an ACAT mental health provision in a care and protection order or interim care and protection order; or

              (ii)     a mental health referral by the Childrens Court in a proceeding for an interim intensive therapy order or intensive therapy order; or

              (iii)     a requirement of an interim intensive therapy order or intensive therapy order; or

        (d)     the person is required by a court to submit to the jurisdiction of the ACAT under the Crimes Act

, part 13 or the Crimes Act 1914

(Cwlth), part 1B; or

        (e)     the ACAT reviews an order for detention in force in relation to the person under section 180 (Review of detention under court order).

Note     If a person is assessed under an assessment order as having a mental disorder or mental illness, the ACAT may make a mental health order or forensic mental health order in relation to the person (see s 58, s 66, s 101 and s 108).

    (2)     In this section:

"ACAT mental health provision", in a care and protection order or interim care and protection order—see the Children and Young People Act 2008

, section 491.