Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 64

    (1)     This section applies if—

        (a)     a psychiatric treatment order is in force in relation to a person; and

        (b)     the chief psychiatrist is satisfied that—

              (i)     the person is no longer a person in relation to whom the ACAT could make a psychiatric treatment order; or

              (ii)     if a restriction order is also in force in relation to the person—it is no longer necessary for the restriction order to be in force.

Note 1     For the criteria for making a psychiatric treatment order, see s 58. For the criteria for making a restriction order with a psychiatric treatment order, see s 60.

Note 2     For principles that must be taken into account when exercising a function under this Act, see s 6.

    (2)     The chief psychiatrist must take all reasonable steps to give notice to—

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

        (b)     if the person has a nominated person—the nominated person.

    (3)     The notice must—

        (a)     include the reasons why the chief psychiatrist is satisfied of the matter mentioned in subsection (1) (b); and

        (b)     ask whether the carer or nominated person is aware of any other information that may be relevant to whether the psychiatric treatment order or restriction order continues to be appropriate for the person; and

        (c)     state that, subject to consideration of any information given under paragraph (b), the chief psychiatrist must tell the ACAT and public advocate of the matter mentioned in subsection (1) (b) and the ACAT must review the psychiatric treatment order or restriction order; and

        (d)     tell the carer that the carer is entitled to do either or both of the following:

              (i)     make a submission to the ACAT review of the psychiatric treatment order or restriction order;

              (ii)     apply to the ACAT to attend the hearing; and

        (e)     tell the nominated person that the nominated person is entitled to make a submission to the ACAT review of the psychiatric treatment order or restriction order.

    (4)     If, having taken into account any information given under subsection (3) (b), the chief psychiatrist is still satisfied of the matter mentioned in subsection (1) (b), the chief psychiatrist must tell the ACAT and the public advocate in writing about—

        (a)     the chief psychiatrist's opinion, including the reasons for the opinion; and

        (b)     the details of any information given under subsection (3) (b).

Note     The ACAT must review the order within 72 hours after being notified under this section (see s 79 (3)).