Mental Health Act 2015

This section applies to—

a detainee or person serving a community-based sentence assessed under an assessment order; or

a person referred to the ACAT for a forensic mental health order under division 7.1.2; or

a person required by a court to submit to the jurisdiction of the ACAT under the Crimes Act, part 13 or the Crimes Act 1914 (Cwlth), part 1B.

The ACAT may make a forensic community care order in relation to the person if—

the person has a mental disorder; and

the ACAT believes on reasonable grounds that, because of the mental disorder, the person—

is doing, or is likely to do, serious harm to themself or someone else; or

is suffering, or is likely to suffer, serious mental or physical deterioration; and

the ACAT believes on reasonable grounds that, because of the mental disorder, the person has seriously endangered, is seriously endangering, or is likely to seriously endanger, public safety; and

the ACAT is satisfied that treatment, care or support is likely to reduce the harm, deterioration or endangerment, or the likelihood of harm deterioration or endangerment, mentioned in paragraph (b) or (c); and

the ACAT is satisfied that, in the circumstances, a forensic psychiatric treatment order should not be made; and

the ACAT is satisfied that, in the circumstances, a mental health order should not be made; and

the ACAT is satisfied that the treatment, care or support to be provided under the forensic community care order cannot be adequately provided in another way that would involve less restriction of the freedom of choice and movement of the person.

In making a forensic community care order in relation to a person, the ACAT is not required to take into account the person’s decision‑making capacity.