Australian Capital Territory Numbered Acts

MENTAL HEALTH AMENDMENT ACT 2023 (NO. 44 OF 2023) - SECT 4

Section 77 (2)

substitute

    (2)     The relevant official for the order or a mental health officer may take action to tell the person that failure to comply with the order may result in the person being apprehended and taken to an approved mental health facility or approved community care facility for treatment, care or support.

    (2A)     Action under subsection (2) must—

        (a)     be taken within 7 days of the contravention; and

        (b)     involve the taking of all reasonable steps to tell the person the information mentioned in subsection (2).

    (2B)     If the noncompliance continues after the taking of action under subsection (2), the relevant official or mental health officer may require the person to be detained at an approved mental health facility or approved community care facility to ensure compliance with the order.

Note     The chief psychiatrist may make a determination requiring a person to be taken to a place for treatment, care or support (see s 62 (Role of chief psychiatrist—psychiatric treatment order)).