Recommendations about people with mental disorder or mental illness
178 Recommendations about people with mental disorder or mental illness
This section applies if the Childrens Court makes a care and protection order, interim care and protection order with a mental health ACAT provision, a mental health referral in a proceeding for an interim intensive therapy order or intensive therapy order, an interim intensive therapy order or intensive therapy order, under the Children and Young People Act 2008 requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT—
to determine whether the person has a mental disorder or mental illness; and
if the ACAT determines that the person has a mental disorder or mental illness—to make recommendations to the court about how the person should be dealt with.
After an inquiry, and as the ACAT thinks appropriate in relation to the person—
the ACAT must determine on the balance of probabilities, whether or not the person has a mental disorder or mental illness; and
if the ACAT determines that the person has a mental disorder or mental illness, the ACAT must make recommendations to the court about how the person should be dealt with.
This Act’s bill:Explanatory statementSecond reading speech
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