Mental Health Act 2015

This section applies if an assessment is conducted as a result of an application under section 34 (Applications by other people—assessment order) or section 35 (Applications by referring officers—assessment order).

The ACAT must, as soon as practicable after it is given a copy of the assessment under section 48 (2), give written notice to the applicant or the referring officer of any recommendations made by the assessment.

An applicant or referring officer who receives notice under subsection (2) may, within 48 hours of receiving the notice, give the following to the ACAT:

further information about the person’s mental disorder or mental illness;

concerns about the implications for the person or for other people of not considering a mental health order in relation to the person.

In deciding whether to hold a hearing to consider making a mental health order in relation to a person, the ACAT must take into account the information provided under subsection (3).