Mental Health Act 2015

This section applies if a referring officer believes on reasonable grounds that—

a person alleged to have committed an offence has a mental disorder or mental illness; and

because of the mental disorder or mental illness—

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

the person is doing, or is likely to do, serious harm to others; and

it may not be appropriate to prosecute, or to continue to prosecute, the person considering—

the nature and circumstances of the alleged offence; and

the person’s apparent mental disorder or mental illness.

The referring officer may apply to the ACAT for an assessment order in relation to the person.

After an assessment is made, the ACAT may decide to make a mental health order in relation to a person (see pt 5.2). The ACAT is not able to make a forensic mental health order for a person unless the person is otherwise a person for whom a forensic mental health order can be made (see ch 7).

A referring officer who applies under subsection (2) and believes on reasonable grounds that there is a risk of serious danger to public safety from the person, must tell the ACAT, in writing, about the risk and the basis for the belief about the risk.

In this section:

the person is arrested in connection with an offence; or

a police officer believes on reasonable grounds that there are sufficient grounds on which to charge the person in connection with an offence; or

the person is charged in connection with an offence.