Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 92

Duty to release

    (1)     A person in charge of an approved mental health facility must ensure that a person detained at the facility under section 85

        (a)     is released in accordance with an order under section 91; or

        (b)     if no order under section 91 is made and subject to any other order of the ACAT—is released at the end of the period of detention authorised under section 85.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     If the person in charge of an approved mental health facility is notified under section 91 (2), the person must, as soon as practicable, discharge the person to whom the notification relates into the custody of a police officer.



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