Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 65

    (1)     This section applies if a psychiatric treatment order has been made in relation to a person and—

        (a)     a restriction order has also been made in relation to the person requiring the person to be detained at a stated place; or

        (b)     the chief psychiatrist makes a determination under section 62 (Role of chief psychiatrist—psychiatric treatment order) requiring the person to be admitted to an approved mental health facility; or

        (c)     the person is detained at an approved mental health facility under section 77 (Contravention of mental health order).

    (2)     The chief psychiatrist may—

        (a)     detain the person at an approved mental health facility; and

Note     See s 264 (Powers of search and seizure).

        (b)     subject the person to the minimum confinement or restraint that is necessary and reasonable to—

              (i)     prevent the person from causing harm to themself or someone else; or

              (ii)     ensure that the person remains in custody under the order; and

        (c)     subject the person to involuntary seclusion if satisfied that it is the only way in the circumstances to prevent the person from causing harm to themself or someone else; and

        (d)     determine that the person can be given leave from the facility.

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

    (3)     If the chief psychiatrist subjects a person to involuntary seclusion, the chief psychiatrist must ensure that the person is examined by a relevant doctor of the relevant place at least once in each 4-hour period for which the person is in seclusion.

    (4)     If the chief psychiatrist determines that a person be given medication for the treatment of the person's mental illness, the chief psychiatrist may—

        (a)     approve the giving by appropriately trained people of medication prescribed by a doctor in accordance with the chief psychiatrist's determination; and

        (b)     use, or authorise someone else to use, the force and assistance that is necessary and reasonable to give the medication ( forcible giving of medication ).

    (5)     If the chief psychiatrist subjects a person to restraint, involuntary seclusion or forcible giving of medication, the chief psychiatrist must—

        (a)     enter in the person's record the fact of and the reasons for the restraint, involuntary seclusion or forcible giving of medication; and

        (b)     tell the public advocate in writing of the restraint, involuntary seclusion or forcible giving of medication; and

        (c)     keep a register of the restraint, involuntary seclusion or forcible giving of medication.

    (6)     In this section:

"relevant doctor", of a relevant place, means a person employed at the place as a consultant psychiatrist, psychiatric registrar in consultation with a consultant psychiatrist or another doctor in consultation with a consultant psychiatrist.