Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 39

    (1)     This section applies if—

        (a)     the ACAT is considering ordering an assessment of a person under section 37 (a), (b) or (c); and

        (b)     a presidential member of the ACAT has a serious concern about the immediate safety of the person, the applicant for the order or another person arising out of the application process.

    (2)     The presidential member of the ACAT—

        (a)     must give the chief psychiatrist written notice of the serious concern; and

        (b)     may if necessary and reasonable order an assessment without complying with section 38 (Consent for assessment order).

Note 1     For principles that must be taken into account when exercising a function under this Act, see s 6.

Note 2     Section 188 (Notice of hearing) does not apply in relation to the making of an emergency assessment order (see s 188 (3)).