Australian Capital Territory Consolidated Acts

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MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 32

Role of chief psychiatrist

    (1)     The chief psychiatrist is responsible for the treatment and care of a person to whom a psychiatric treatment order applies.

    (2)     Within 5 working days after the day the order is made, the chief psychiatrist must determine, in writing—

        (a)     the times when and the place where the person is required to attend to receive treatment, care or support, or undertake a counselling, training, therapeutic or rehabilitation program, in accordance with the order; and

        (b)     the nature of the psychiatric treatment to be given to the person.

Note     If a form is approved under s 146A for a determination, the form must be used.

    (3)     The chief psychiatrist must also determine, in writing, the place where the person must live if—

        (a)     the ACAT has not made a restriction order requiring the person to live at a stated place; and

        (b)     the chief psychiatrist considers that the person should live at a place other than the place where the person usually lives.

    (4)     Before making a determination, the chief psychiatrist must, if practicable, consult—

        (a)     the person; 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 appointed under the Powers of Attorney Act 2006 —the attorney.

    (5)     For subsection (2) (b), the chief psychiatrist must not determine treatment that has, or is likely to have, the effect of subjecting the person to whom it is given to undue stress or deprivation, having regard to the benefit likely to result from the treatment.

    (6)     As soon as practicable after making a determination, the chief psychiatrist must give a copy of the determination to the ACAT and the public advocate.

    (7)     The chief psychiatrist may also give a copy of the determination to—

        (a)     any guardian consulted under subsection (4) (b); and

        (d)     any attorney consulted under subsection (4) (c).



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