Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 83

Statement of action taken

    (1)     A police officer, authorised ambulance paramedic, doctor or mental health officer who takes a person to an approved mental health facility under section 80 must give the person in charge of the facility a written statement containing a description of the action taken under that section, including the following:

        (a)     the name and address (if known) of the person taken to the facility;

        (b)     the date and time when the person was taken to the facility;

        (c)     detailed reasons for taking the action;

        (d)     the nature and extent of the force or assistance used to enter any premises, or to apprehend the person and take the person to the facility;

        (e)     the nature and extent of any restraint, involuntary seclusion or forcible giving of medication used when apprehending the person or taking the person to the facility;

        (f)     anything else that happened when the person was being apprehended and taken to the facility that may have an effect on the person's physical or mental health.

Examples—par (f)

1     the person was subject to threats of violence from another person

2     a package of white powder fell out of the person's pocket

3     the person was in an agitated state and hit their head against the side of the transport vehicle

    (2)     The person in charge of the approved mental health facility must—

        (a)     enter the statement in the person's record; and

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

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



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