Mental Health Act 2015

In making a forensic mental health order in relation to a person, the ACAT must take into account the following:

a plan for the proposed treatment, care or support of the person, mentioned in section 94 (3);

the views and wishes of the person, so far as they can be found out;

if an advance agreement or advance consent direction is in force in relation to the person—the person’s wishes in relation to the person’s treatment, care or support stated in the agreement or direction;

the views of the people responsible for the day‑to‑day care of the person, so far as those views are made known to the ACAT;

the views of each person appearing at the proceeding;

if the proceeding is on a forensic mental health order for which there is a registered affected person for an offence committed or alleged to have been committed by the person—any statement by the registered affected person;

the views of each person consulted under section 97 (Consultation by ACAT—forensic mental health order);

that any restrictions placed on the person should be the minimum necessary for the safe and effective care of the person and protection of public safety;

any alternative treatment, care or support available, including—

the purpose of the treatment, care or support; and

the benefits likely to be derived by the person from the treatment, care or support; and

the distress, discomfort, risks, side effects or other disadvantages associated with the treatment, care or support;

any relevant medical history of the person;

for a person 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—

the nature and circumstances of the alleged offence or the offence in relation to which the person is charged; and

the nature and extent of the person’s mental illness or mental disorder and the effect it is likely to have on the person’s behaviour in the future; and

whether, if the person is not detained—

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

the person is likely to do serious harm to others;

if the proceeding is on a forensic mental health order for which there is a registered affected person for the offence committed or alleged to have been committed by the subject person—the views of the victims of crime commissioner;

anything else prescribed by regulation.

For principles that must be taken into account when exercising a function under this Act, see s 6.

Before the ACAT makes a forensic mental health order for the provision of particular treatment, care or support at a stated facility or by a stated person, the ACAT must be satisfied that the treatment, care or support can be provided at the stated facility or by the stated person.

The ACAT may ask the relevant person to provide information on the options that the relevant person considers are appropriate for the provision of particular treatment, care or support under the proposed forensic mental health order.

The relevant person must respond to the ACAT within 7 days after receiving a request under subsection (3), or any longer time allowed by the ACAT.