Mental Health Act 2015

This section applies if—

a forensic community care order is in force in relation to a person; and

the forensic community care order requires the person to be detained at an approved community care facility; and

the care coordinator forms the opinion that it is no longer necessary for the person to be detained.

For the criteria for making a forensic community care order, see s 108. For detention powers in relation to a forensic community care order, see s 114.

For principles that must be taken into account when exercising a function under this Act, see s 6.

The care coordinator must give written notice to the following (the notified people):

if the person has a carer—the carer;

if the person has a nominated person—the nominated person;

if the person is covered by a bail order that includes a condition that the person accept supervision under the Bail Act 1992, section 25 (4) (e), section 25A or section 26 (2)—the director‑general responsible for the supervision of the person under the Bail Act 1992;

if the person is a detainee, a person on parole or licence, or a person serving a community-based sentence—the corrections director-general;

if the person is a young detainee or a young offender serving a community-based sentence—the CYP director-general;

if the person is a child—each person with parental responsibility for the person under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility).

The notice must—

include the reasons why the care coordinator is satisfied of the matter mentioned in subsection (1) (c); and

ask whether the notified people are aware of any other information that may be relevant to whether the detention under the forensic psychiatric treatment order continues to be appropriate for the person; and

state that, subject to consideration of any information given under paragraph (b), the care coordinator must tell the ACAT and public advocate of the matter mentioned in subsection (1) (c) and this will lead to an ACAT review of the detention under forensic psychiatric treatment order; and

tell the carer that the carer is entitled to do either or both of the following:

make a submission to the ACAT review of the forensic community care order;

apply to the ACAT to attend the hearing; and

tell the other notified people that they are entitled to make a submission to the ACAT review of the forensic community care order.

If, having taken into account any information given under subsection (3) (b), the care coordinator is still satisfied of the matter mentioned in subsection (1) (c) the care coordinator must tell the ACAT and the public advocate in writing about—

the care coordinator’s opinion, including the reasons for the opinion; and

the details of any information given under subsection (3) (b).

The ACAT must review the order within 10 days after being notified under this section (see s 126 (3)).