Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 90

    (1)     A person commits an offence if—

        (a)     the person is in charge of a mental health facility; and

        (b)     a person (the detained person ) is detained at the facility; and

        (c)     the person does not ensure that, during the detention, the detained person has reasonable access to facilities, and adequate opportunity, to contact the public advocate and the detained person's lawyer.

Maximum penalty: 20 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is in charge of a mental health facility; and

        (b)     a person (the detained person ) is detained at the facility; and

        (c)     the public advocate or the detained person's lawyer asks the person to give any reasonable assistance necessary to allow the public advocate or lawyer to have access to the detained person; and

        (d)     the person does not ensure that the assistance is given.

Maximum penalty: 50 penalty units.

    (3)     An offence against this section is a strict liability offence.