Assessment order
37 Assessment order
The ACAT may order an assessment of a person if—
an application for an assessment order is made under part 4.1 and the ACAT is satisfied on the face of the application that—
the person appears to have a mental disorder or mental illness; and
either—
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; or
the ACAT reviews a mental health order in force in relation to the person under section 79 (Review of mental health order); or
the person is required to submit to the jurisdiction of the ACAT under—
an ACAT mental health provision in a care and protection order or interim care and protection order; or
a mental health referral by the Childrens Court in a proceeding for an interim intensive therapy order or intensive therapy order; or
a requirement of an interim intensive therapy order or intensive therapy order; or
the person is required by a court to submit to the jurisdiction of the ACAT under the Crimes Act, part 13 or the Crimes Act 1914 (Cwlth), part 1B; or
the ACAT reviews an order for detention in force in relation to the person under section 180 (Review of detention under court order).
If a person is assessed under an assessment order as having a mental disorder or mental illness, the ACAT may make a mental health order or forensic mental health order in relation to the person (see s 58, s 66, s 101 and s 108).
In this section:
ACAT mental health provision, in a care and protection order or interim care and protection order—see the Children and Young People Act 2008, section 491.
This Act’s bill:Explanatory statementSecond reading speech
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