Mental Health Act 2015

An interstate patient who is in breach of an interstate involuntary treatment order may be apprehended in the ACT if—

the interstate patient would be subject to apprehension under a corresponding law of the State that issued the interstate involuntary treatment order for the patient; or

a warrant or other document issued under a corresponding law authorises the apprehension of the patient.

A person may be apprehended under this section by—

an authorised officer; or

an interstate authorised person.

See s 263 (Powers of entry and apprehension) and s 264 (Powers of search and seizure).

A person who apprehends an interstate patient under this section must as soon as reasonably practicable—

tell the patient the reason for the apprehension; and

ensure that the patient has adequate opportunity and assistance to notify a relative or friend of the apprehension; and

tell an interstate mental health facility in the State that issued the interstate involuntary treatment order about the apprehension; and

transfer the patient to—

an interstate mental health facility in the State that issued the interstate involuntary treatment order for the patient; or

an approved mental health facility to determine whether the patient requires treatment before being transferred.