Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 25

    (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—the people with parental responsibility for the child under the Children and Young People Act 2008 , division 1.3.2; and

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

        (c)     the person most likely to be responsible for providing the treatment, programs and other services proposed to be ordered.

    (2)     If the person has an attorney appointed under the Powers of Attorney Act 2006 , the ACAT must also consider consulting the attorney.

    (3)     Before making a mental health order for the provision of a particular treatment, program or other service (including an assessment) at a stated facility or by a stated person, the ACAT must be satisfied that the treatment, program or service can be provided or performed at that facility or by that person.