Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 79

Review of mental health order

    (1)     The ACAT may review a mental health order in force in relation to a person on its own initiative.

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

    (2)     The ACAT must review a mental health order in force in relation to a person if the person, or the person's representative, applies for the review on the basis that the order, or part of the order, is no longer required.

    (3)     The ACAT must review each mental health order in force in relation to a person within 72 hours if the ACAT receives notice in relation to the person under any of the following:

        (a)     section 64 (Action if psychiatric treatment order no longer appropriate—no longer person in relation to whom ACAT could make order);

        (b)     section 72 (Action if community care order no longer appropriate—no longer person in relation to whom ACAT could make order);

        (c)     section 77 (6) (Contravention of mental health order) and the notice indicates that a restriction order has been contravened;

        (d)     section 78 (4) (Contravention of mental health order—absconding from facility).

    (4)     A review required under subsection (3)—

        (a)     may be conducted without a hearing; and

        (b)     may include consulting a person mentioned in section 54 (1) (Consultation by ACAT—mental health order).

Note     If the ACAT holds a hearing for the review, s 188 (1) (Notice of hearing) does not apply (see s 188 (3)).

    (5)     If the ACAT is satisfied that a person in relation to whom a psychiatric treatment order or community care order is in force is no longer a person in relation to whom the ACAT could make a psychiatric treatment order or community care order, the ACAT must revoke all the mental health orders in force in relation to the person.

    (6)     In any other case, the ACAT may, if appropriate, do any of the following:

        (a)     confirm, amend or revoke any of the mental health orders in force in relation to the person;

        (b)     make additional mental health orders in relation to the person;

        (c)     make an assessment order in relation to the person.

    (7)     In this section:

"representative", of a person, means any of the following:

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

—the guardian;

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

—the attorney;

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

        (d)     a close relative or close friend of the person;

        (e)     a legal representative of the person.



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