Australian Capital Territory Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1983 (REPEALED) - SECT 35

35. (1) A treatment order shall direct—

        (a)     that the person in respect of whom the order is made remain in the custody of the Director at such premises as are from time to time determined by the Director throughout the period for which the order has effect; or

        (b)     that the person attend, in accordance with the directions of the Director, at such place as is from time to time determined by the Director for the purpose of undergoing treatment.

(2) Subject to this Act, a treatment order shall specify—

        (a)     the period during which the order is to have effect; and

        (b)     where the order includes a direction referred to in paragraph (1) (a), the extent (if any) to which communication by the person with any other person, other than by means of written communication, may be restricted while the order remains in force.

(3) Where a court makes a treatment order that includes a direction referred to in paragraph (1) (a), the court may, in the treatment order, give to the Director such directions (if any) as it thinks necessary to ensure that a responsible person, being a prescribed relative or the prescribed representative of the person to whom the order relates, is informed of the making of the order and of the premises at which the person is from time to time kept.

(4) A treatment order does not authorize the removal of a person from custody in which that person is held under any law in force in the Territory.

(5) Where a court, by an order or warrant, commits a person who is in the custody of the Director in pursuance of a treatment order to the custody of a person other than the Director, the Director shall, on the production of the order or warrant, deliver the person to a person acting in the execution of that order or warrant.

Period of effect of treatment order



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