Mental Health Act 2015

This section applies if the ACAT is satisfied that it is necessary for the subject person to be present at the hearing of the proceeding.

The ACAT may require the person to appear at the hearing by subpoena given under the ACT Civil and Administrative Tribunal Act 2008, section 41.

However, the ACAT must not require the person to appear at the hearing by subpoena if satisfied that the appearance of the subject person before the ACAT is likely to increase substantially—

any risk to the subject person’s health or safety; or

the risk of serious harm to others.

If a person who is subpoenaed does not appear before the ACAT, the ACAT may issue a warrant to arrest the person (see ACT Civil and Administrative Tribunal Act 2008, s 42).