Mental Health Act 2015

A doctor may authorise the involuntary detention and treatment, care or support of a person at an approved mental health facility for a period not exceeding 3 days if—

the doctor has conducted an initial examination of the person under section 84 and, on the basis of that examination and any other information the doctor is given, has reasonable grounds for believing that—

the person requires immediate treatment, care or support; and

the person has refused to receive that treatment, care or support; and

detention is necessary for the person’s health or safety, social or financial wellbeing, or for the protection of someone else or the public; and

adequate treatment, care or support cannot be provided in a less restrictive environment; and

another doctor has also examined the person and, on the basis of that examination and any other information the doctor is given, also has reasonable grounds for believing the matters mentioned in paragraph (a) (i) to (iv).

Before the end of the 3-day period of detention, the chief psychiatrist may apply to the ACAT to extend the period of detention if the chief psychiatrist believes on reasonable grounds that the person continues to meet the criteria mentioned in subsection (1) (a) (i) to (iv).

If an application is made under subsection (2), the ACAT may order that the period of detention be extended by the period, not longer than 11 days, stated in the order.

A person may apply to the ACAT for the review of involuntary detention under this section.

If an application is made under subsection (4), the ACAT must conduct the review within 2 working days after the day the application is made.

The ACAT may consider an application under subsection (2) or (4) without holding a hearing.

If the ACAT holds a hearing for the application, s 188 (1) (Notice of hearing) does not apply (see s 188 (3)).