MENTAL HEALTH ACT 2015 - SECT 54 Consultation by ACAT—mental health order

MENTAL HEALTH ACT 2015 - SECT 54

    (1)     Before making a mental health order in relation to a person, the ACAT must, as far as practicable, consult—

        (a)     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); and

        (b)     if the person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian; and

        (c)     if the person has an attorney under the Powers of Attorney Act 2006

—the attorney; and

        (d)     if the person has a nominated person—the nominated person; and

        (e)     if a health attorney is involved in the treatment, care or support of the person—the health attorney; and

        (f)     if the chief psychiatrist or care-coordinator is likely to be responsible for providing the treatment, care or support proposed to be ordered—the chief psychiatrist or care-coordinator; and

        (g)     if the person is a detainee, a person released on parole or licence, or a person serving a community-based sentence—the corrections director-general; and

        (h)     if the person is covered by a bail order that includes a condition that the person accept supervision under the Bail Act 1992

, section 25 (4) (e) or section 25A—the director-general responsible for the supervision of the person under the Bail Act 1992

; and

              (i)     if the person is a child covered by a bail order that includes a condition that the child accept supervision under the Bail Act 1992

, section 26 (2)—the CYP director-general; and

        (j)     if the person is a young detainee or a young offender serving a community-based sentence—the CYP director-general; and

        (k)     if an assessment order under part 4.1 (Applications for assessment orders) gave rise to the ACAT consideration of the making of the mental health order—the applicant for the assessment order.

    (2)     Before making a mental health order in relation to a person who has a carer, the ACAT must, as far as practicable, tell the carer in writing that—

        (a)     a hearing will be held in relation to making a mental health order for the person; and

        (b)     the carer may do either or both of the following:

              (i)     make a submission to the ACAT in relation to making a mental health order for the person;

              (ii)     apply to the ACAT to attend the hearing.