Mental Health Act 2015

This section applies if, under the Crimes Act, part 13, a court orders that a person be detained in custody for immediate review by the ACAT.

The ACAT must review the detention and consider the release of the person—

as soon as practicable, and not later than 7 days after the day of the order; and

if the ACAT does not order the release of the person—at least monthly while the detention continues.

Under s 188, the ACAT must give notice of the hearing to certain people and may give notice to anyone else it considers appropriate.

In reviewing the detention and considering the release of a person, the ACAT must have regard to the following:

that detention in custody is to be regarded as a last resort and ordered only in exceptional circumstances;

the nature and extent of the person’s mental disorder or mental illness, including the effect it is likely to have on the person’s behaviour in the future;

whether or not, if released—

the person’s health or safety would be, or would be likely to be, substantially at risk; or

the person would be likely to do serious harm to others;

if there is a registered affected person in relation to the person—

any statement by the registered affected person; and

the views of the victims of crime commissioner;

if the court nominated a term under the Crimes Act, part 13—the nominated term;

any information the chief psychiatrist or director-general has given to the ACAT about the following:

the treatment, care or support the person requires, including that the person be admitted to a particular approved mental health facility or approved community care facility;

the person’s compliance with any orders or conditions in relation to treatment, care or support made under this Act.

An order for the release of a person may be made subject to the conditions (if any) the ACAT considers appropriate (a conditional release order), including a requirement to comply with a particular mental health order or forensic mental health order as in force from time to time.

If, on a review, the ACAT does not order the release of a person, the ACAT may—

make mental health orders (including additional orders) in relation to the person; or

make forensic mental health orders (including additional orders) in relation to the person; or

vary or revoke any of the mental health orders or forensic mental health orders in force in relation to the person.

If, on a review, the ACAT does not order the release of a person, the ACAT must tell the following that the detention continues:

the person;

the chief psychiatrist;

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); and

the CYP director-general;

the public advocate;

the human rights commission;

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

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

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

if a health attorney is involved in the treatment, care or support of the person—the health attorney;

if the person is detained in a correctional centre—the corrections director-general;

if the person is detained in a detention place—the CYP director-general.