Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 80

    (1)     A police officer or authorised ambulance paramedic may apprehend a person if the police officer or paramedic believes on reasonable grounds that—

        (a)     the person has a mental disorder or mental illness; and

        (b)     the person has attempted or is likely to attempt—

              (i)     suicide; or

              (ii)     to inflict serious harm on the person or another person; and

        (c)     the person—

              (i)     requires an immediate examination by a doctor; and

              (ii)     does not agree to be examined immediately.

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

    (2)     In forming a belief about a person for subsection (1), a police officer or authorised ambulance paramedic is not required to make a medical assessment or clinical judgement about the person.

    (3)     A person apprehended under subsection (1) may be taken to an approved mental health facility by—

        (a)     the police officer or authorised ambulance paramedic who apprehended the person; or

        (b)     at the request of the police officer or authorised ambulance paramedic who apprehended the person—another police officer or authorised ambulance paramedic.

    (4)     A doctor or mental health officer may apprehend a person if the doctor or mental health officer believes on reasonable grounds that—

        (a)     the person has a mental disorder or mental illness; and

        (b)     either—

              (i)     the person requires immediate treatment, care or support; or

              (ii)     the person's condition will deteriorate within 3 days to such an extent that the person would require immediate treatment, care or support; and

        (c)     the person has refused to receive that treatment, care or support; and

        (d)     detention is necessary for the person's health or safety, social or financial wellbeing, or for the protection of someone else or the public; and

        (e)     adequate treatment, care or support cannot be provided in a less restrictive environment.

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

    (5)     A person apprehended under subsection (4) may be taken to an approved mental health facility by—

        (a)     the doctor or mental health officer who apprehended the person; or

        (b)     at the request of the doctor or mental health officer who apprehended the person—

              (i)     another doctor or mental health officer; or

              (ii)     a police officer; or

              (iii)     an authorised ambulance paramedic.

    (6)     The ACAT must, on application, review the following decisions within 2 working days after the day the application is made:

        (a)     a decision of a police officer or authorised ambulance paramedic under subsection (1);

        (b)     a decision of a doctor or mental health officer under subsection (4) (b) (ii).