Mental Health Act 2015

This section applies if—

the director-general is told by the corrections director-general, the CYP director-general or otherwise becomes aware of any of the following in relation to a person who is taken to be in the director-general’s custody:

the person’s sentence of imprisonment ends;

the person is released on parole;

the person is otherwise released on the order of a court;

the relevant charge against the person is dismissed;

the director of public prosecutions notifies the ACAT or a court that the relevant charge against the person will not proceed; and

the person is not required to be detained under another court order.

The director-general must—

at the person’s request, continue the treatment, care or support in an approved mental health facility; or

if the person is a child who does not have decision-making capacity to make the request—at the request of a person with parental responsibility for the person under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility), continue the treatment, care or support in an approved mental health facility; or

make any other decision that the director-general may make in relation to the person under this Act; or

release the person from the secure mental health facility.

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

The director-general must give written notice of a decision made under subsection (2) to the following:

the ACAT;

the public advocate;

the person;

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

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

if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian and the ACAT;

if the person has an attorney under the Powers of Attorney Act 2006—the attorney.