Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 26

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

        (a)     whether the person consents, refuses to consent or has the capacity to consent, to a proposed course of treatment, care or support;

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

        (c)     the views and wishes of the people responsible for the day-to-day care of the person, so far as those views and wishes are made known to the ACAT;

        (d)     the views of the people appearing at the proceeding;

        (e)     the views of the people consulted under section 25;

        (f)     that the person's welfare and interests should be appropriately protected;

        (g)     that the person's rights should not be interfered with except to the least extent necessary;

        (h)     that the person should be encouraged to look after himself or herself;

              (i)     that, as far as possible, the person should live in the general community and join in community activities;

        (j)     that any restrictions placed on the person should be the minimum necessary for the safe and effective care of the person;

        (k)     the alternative treatments, programs and other services available, including—

              (i)     the purposes of those treatments, programs and services; and

              (ii)     the benefits likely to be derived by the person from those treatments, programs and services; and

              (iii)     the distress, discomfort, risks, side effects or other disadvantages associated with those treatments, programs and services;

        (l)     any relevant medical history of the person;

        (m)     the religious, cultural and language needs of the person;

        (n)     for a person referred to the ACAT under section 13 or an offender with a mental impairment—the nature and circumstances of the offence in relation to which the person has been arrested, or may be or has been charged;

        (o)     for an offender with a mental impairment—the nature and extent of the person's mental impairment, including the effect it is likely to have on the person's behaviour in the future;

        (p)     for an offender with a mental impairment—whether or not, if the person is not detained—

              (i)     the person's health or safety is, or is likely to be, substantially at risk; or

              (ii)     the person is likely to do serious harm to others;

        (q)     anything else prescribed under the regulations for this section.