Mental Health Act 2015

After considering an assessment of the subject person for a proceeding, but before holding an inquiry or review, the president of the ACAT may give to the registrar the directions the president considers appropriate to—

define and limit the relevant matters in the proceeding, including—

the alternative treatments, programs and other services that are available and may be appropriate for the subject person; and

the evidence that appears to be relevant to the proper disposition of the matter; and

any unusual or urgent factors requiring special attention; and

ensure all necessary measures are taken to allow the inquiry or review to proceed as quickly as possible, including ensuring that—

all relevant particulars have been provided; and

people who may be entitled to appear and give evidence in the proceeding have been notified, the people’s availability confirmed and any related matters requiring special attention have been dealt with; and

people who may wish to apply for leave to appear and give evidence in the proceeding have been notified; and

people not entitled to appear in the proceeding but who may be interested in making written submissions about the matter have been given an opportunity to do so; and

issues (if any) that may be decided before the inquiry or review have been identified.

However, the president of the ACAT must not give a direction under subsection (1) in a proceeding in relation to—

the treatment, care or support, control, rehabilitation and protection of a person found unfit to plead; or

the treatment, care or support, control, rehabilitation and protection of a person found not guilty of a criminal offence because of mental impairment; or

a request by a court to provide advice in relation to the sentencing of a person before the court.