Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 38

    (1)     If the ACAT is considering ordering an assessment of a person under section 37 (a), (b) or (c), the ACAT must take reasonable steps to—

        (a)     tell the person in writing that—

              (i)     the ACAT is considering ordering an assessment; and

              (ii)     an assessment may lead to an order for treatment; and

              (iii)     if an order for treatment is made at a later time the person's rights in relation to treatment will be explained to the person at that time; and

        (b)     find out the person's opinion in relation to the assessment; and

        (c)     obtain the person's consent to the assessment.

    (2)     However, subsection (1) does not prevent the ACAT from ordering an assessment without the person's consent.