Mental Health Act 2015

A doctor must, within 12 hours after authorising the involuntary detention of a person under section 85, give the required information about the detention to the public advocate and the ACAT.

A doctor or mental health officer must also, as soon as practicable after authorising the involuntary detention of a person under section 81 or section 85, take all reasonable steps to give the required information about the detention to the following:

if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility);

if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian;

if the person has an attorney under the Powers of Attorney Act 2006—the attorney;

if the person has a nominated person—the nominated person;

if a health attorney is involved in the treatment, care or support of the person—the health attorney.

The ACAT must, as soon as practicable after ordering under section 85 (3) that a period of detention be extended, take all reasonable steps to give the required information about the detention to the people mentioned in subsection (2) (a) to (e).

Subsection (5) applies if, despite the doctor, mental health officer or ACAT taking all reasonable steps to give the required information about the detention under subsection (2) or (3), any of the following circumstances happens:

the required information is not given to anyone;

the detained person is a child and the required information is not given to a person with parental responsibility for the child;

the detained person is an adult who has a guardian under the Guardianship and Management of Property Act 1991 and the required information is not given to the guardian;

the detained person has an enduring power of attorney under the Powers of Attorney Act 2006, and appears to have impaired decision-making capacity within the meaning of that Act, and the required information is not given to the attorney.

The doctor, mental health officer or ACAT must tell the public advocate—

of the circumstance mentioned in subsection (4); and

for subsection (4) (b), (c) or (d)—who (if anyone) the required information about the detention was given to.

The person in charge of a mental health facility where a person is detained under section 81 or section 85 must ensure that the person has adequate opportunity and assistance to notify a relative or friend of the person’s detention.

In this section:

the person’s name; and

the reasons for authorising the detention; and

the name and address of the approved mental health facility where the person is being detained.