Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 77

    (1)     This section applies if—

        (a)     a mental health order is in force in relation to a person; and

        (b)     the person contravenes the order; and

        (c)     section 78 (Contravention of mental health order—absconding from facility) does not apply to the contravention.

Examples—contravention

1     failure to return from leave granted by chief psychiatrist

2     not attending mental health facility for treatment, care or support

    (2)     The relevant official for the order or a mental health officer may take action to tell the person that failure to comply with the order may result in the person being apprehended and taken to an approved mental health facility or approved community care facility for treatment, care or support.

    (3)     Action under subsection (2) must—

        (a)     be taken within 7 days of the contravention; and

        (b)     involve the taking of all reasonable steps to tell the person the information mentioned in subsection (2).

    (4)     If the noncompliance continues after the taking of action under subsection (2), the relevant official or mental health officer may require the person to be detained at an approved mental health facility or approved community care facility to ensure compliance with the order.

Note     The chief psychiatrist may make a determination requiring a person to be taken to a place for treatment, care or support (see s 62 (Role of chief psychiatrist—psychiatric treatment order)).

    (5)     A person is taken to have complied with an order after the relevant official or mental health officer has taken action under subsection (2) if—

        (a)     the person consents to receiving treatment at a place other than an approved mental health facility or approved community care facility (a facility ); and

        (b)     the relevant official or mental health officer is satisfied that—

              (i)     the person can be appropriately treated at a place other than a facility; and

              (ii)     the other place is a suitable place for the treatment.

Example—other place

the person's home

    (6)     If a person is required to be detained under subsection (4), a police officer, authorised ambulance paramedic, mental health officer or doctor may apprehend the person and take the person to an approved mental health facility or approved community care facility.

Note     See s 263 (Powers of entry and apprehension) and s 264 (Powers of search and seizure).

    (7)     If the relevant official or mental health officer requires the detention of a person under subsection (4), the relevant official or the mental health officer must, within 24 hours of the person being detained, tell the ACAT and the public advocate in writing—

        (a)     the name of the person detained; and

        (b)     the reasons for requiring the detention; and

        (c)     the name and address of the approved mental health facility or approved community care facility where the person is detained; and

        (d)     if the mental health order includes a restriction order that restricts the place where a person must live—whether the restriction order has been contravened.

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