Mental Health Act 2015

The ACAT may revoke leave granted under section 119 to a person—

on application by the relevant official for the person’s forensic mental health order; or

if the person is subject to a corrections order—on application by the corrections director-general; or

in any case—on its own initiative.

Before revoking a person’s leave, the ACAT must give notice that the revocation is being considered to—

the person; and

the relevant official for the person’s forensic mental health order; and

if the person is subject to a corrections order—

if the person is a detainee—the corrections director‑general; or

if the person is a young detainee—the CYP director‑general; or

if the person is not a detainee or young detainee—the relevant director-general for the corrections order.

The ACAT may revoke a person’s leave if—

the ACAT believes on reasonable grounds it is necessary to do so because 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; or

is seriously endangering, or is likely to seriously endanger, public safety; or

the person contravenes a condition of the grant.

If a person’s leave is revoked under this section, the ACAT must give written notice of the revocation to—

the person; and

the relevant official for the person’s forensic mental health order; and

if the person is subject to a corrections order—

if the person is a detainee—the corrections director‑general; or

if the person is a young detainee—the CYP director‑general; or

if the person is not a detainee or young detainee—the relevant director-general for the corrections order.

If a person’s leave is revoked under this section, a police officer, authorised ambulance paramedic, doctor or mental health officer may apprehend the person and take the person to a relevant facility.

See s 263 (Powers of entry and apprehension) and s 264 (Powers of search and seizure).

If a person is detained under subsection (5), the relevant official must, within 12 hours after the detention starts, give written notice to the ACAT and the public advocate of—

the name of the person detained; and

the reasons for the detention; and

the name and address of the relevant facility where the person is detained.

In this section:

for a person in relation to whom a forensic psychiatric treatment order is in force—an approved mental health facility; or

for a person in relation to whom a forensic community care order is in force—an approved community care facility.