Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 62

    (1)     The chief psychiatrist is responsible for the treatment, care or support of a person to whom a psychiatric treatment order applies.

    (2)     Within 5 working days after the day the order is made, the chief psychiatrist must determine, in writing—

        (a)     whether the person requires admission to an approved mental health facility to receive treatment, care or support under the order and, if so, whether the person can be given leave from the facility; and

        (b)     for a person living in the community—the times when and the place where the person is required to attend to receive treatment, care or support, in accordance with the order; and

        (c)     the nature of the psychiatric treatment to be given to the person.

Note     The power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act

, s 46).

    (3)     If the chief psychiatrist forms a belief on reasonable grounds that a person subject to a psychiatric treatment order who is living in the community requires admission to an approved mental health facility to receive treatment, care or support under the order, the chief psychiatrist may determine, in writing—

        (a)     the approved mental health facility that the person is to be admitted to; and

        (b)     the nature of the psychiatric treatment to be given to the person; and

        (c)     whether the person can be given leave from the facility.

    (4)     For subsection (2) (c) or (3) (b), the chief psychiatrist must not determine treatment that has, or is likely to have, the effect of subjecting the person to whom it is given to undue stress or deprivation, having regard to the benefit likely to result from the treatment.

    (5)     Before making a determination in relation to a person, the chief psychiatrist must—

        (a)     take all reasonable steps to consult the following:

              (i)     the person;

              (ii)     if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008

, division 1.3.2 (Parental responsibility);

              (iii)     if the person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian;

              (iv)     if the person has an attorney under the Powers of Attorney Act 2006

—the attorney;

              (v)     if the person has a carer—the carer;

              (vi)     if the person has a nominated person—the nominated person;

              (vii)     if a health attorney is involved in the treatment, care or support of the person—the health attorney;

              (viii)     if the person is a detainee, a person released on parole or licence, or a person serving a community-based sentence—the corrections director-general;

              (ix)     if the person is covered by a bail order that includes a condition that the person accept supervision under the Bail Act 1992

, section 25 (4) (e) or section 25A—the director-general responsible for the supervision of the person under the Bail Act 1992

;

              (x)     if the person is a child covered by a bail order that includes a condition that the child accept supervision under the Bail Act 1992

, section 26 (2)—the CYP director-general;

              (xi)     if the person is a young detainee or a young offender serving a community-based sentence—the CYP director-general; and

        (b)     take into account the views of the people consulted under this section.

    (6)     After making a determination in relation to a person, the chief psychiatrist must record whether the person was consulted and—

        (a)     if the person was consulted—what the person's views were; or

        (b)     if the person was not consulted—the reasons why.

    (7)     The chief psychiatrist must, as soon as practicable after making a determination, give a copy of the determination to—

        (a)     the person; and

        (b)     if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008

, division 1.3.2 (Parental responsibility); and

        (c)     the ACAT; and

        (d)     the public advocate; and

        (e)     if the person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian; and

        (f)     if the person has an attorney under the Powers of Attorney Act 2006

—the attorney; and

        (g)     if the person has a nominated person—the nominated person; and

        (h)     if a health attorney is involved in the treatment, care or support of the person—the health attorney.