Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 58

    (1)     This section applies to—

        (a)     a person assessed under an assessment order; or

        (b)     a person in relation to whom an application for a mental health order has been made under part 5.2; or

        (c)     a person in relation to whom an application for a forensic mental health order has been made under division 7.1.2; or

        (d)     a person 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.

    (2)     The ACAT may make a psychiatric treatment order in relation to the person if—

        (a)     the person has a mental illness; and

        (b)     either—

              (i)     the person does not have decision-making capacity to consent to the treatment, care or support and refuses to receive the treatment, care or support; or

              (ii)     the person has decision-making capacity to consent to the treatment, care or support, but refuses to consent; and

        (c)     the ACAT believes on reasonable grounds that, because of the mental illness, the person—

              (i)     is doing, or is likely to do, serious harm to themself or someone else; or

              (ii)     is suffering, or is likely to suffer, serious mental or physical deterioration; and

        (d)     in relation to a person mentioned in paragraph (b) (ii)—the ACAT is satisfied that the harm or deterioration, or likely harm or deterioration, mentioned in paragraph (c) is of such a serious nature that it outweighs the person's right to refuse to consent; and

        (e)     the ACAT is satisfied that psychiatric treatment, care or support is likely to—

              (i)     reduce the harm or deterioration, or the likelihood of the harm or deterioration, mentioned in paragraph (c); or

              (ii)     result in an improvement in the person's psychiatric condition; and

        (f)     if an application has been made for a forensic mental health order—the ACAT is satisfied that a psychiatric treatment order should be made instead; and

        (g)     the ACAT is satisfied that the treatment, care or support to be provided under the psychiatric treatment order cannot be adequately provided in another way that would involve less restriction of the freedom of choice and movement of the person.