Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 81

    (1)     If a person is taken to an approved mental health facility under section 80 or the Crimes Act

, section 309 (1) (a) (Assessment whether emergency detention required), the person in charge of the facility must detain the person at the facility.

    (2)     If a doctor or mental health officer believes on reasonable grounds that a person attending an approved mental health facility (voluntarily or otherwise) is a person to whom section 80 (4) (a) to (e) applies, the doctor or mental health officer may detain the person at the facility.

    (3)     While a person is detained at a facility under subsection (1) or (2), the person in charge of the facility may—

        (a)     keep the person in the custody that the person in charge considers appropriate; and

        (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.