Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 91

Order for release

    (1)     If a relevant entity is satisfied that the detention of a person under section 85 is no longer justified, the entity must, as soon as practicable, order the release of the person before the period of detention authorised under that subsection expires.

    (2)     However, if the person detained under section 85 is an accused person to whom an order under the Crimes Act

, section 309 (1) (Assessment whether emergency detention required) applies, the relevant entity must, as soon as practicable, notify the person in charge of an approved mental health facility if satisfied that the detention of the person is no longer justified.

    (3)     In this section:

"relevant entity" means—

        (a)     a doctor who examined the person under section 86; or

        (b)     the chief psychiatrist; or

        (c)     the ACAT.



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