Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36H

    (1)     This section applies if—

        (a)     a mental health order is made in relation to a person; and

        (b)     the ACAT orders that limits may be imposed on communication between the person and other people; and

        (c)     the relevant official has reasonable grounds for believing that it is necessary, in the interests of the effective treatment of the person, that communication between the person and other people be limited.

    (2)     The relevant official may, subject to the order mentioned in subsection (1) (b), impose limits on communication by the person with other people that are necessary and reasonable to avoid prejudicing the effectiveness of the treatment.

    (3)     As soon as practicable after imposing limits on communication by a person, the relevant official must explain to the person—

        (a)     the nature of the limits; and

        (b)     the period for which the limits will be in effect; and

        (c)     the reasons for imposing the limits.

    (4)     The explanation must be given in the language or way of communicating that the person is most likely to understand

    (5)     Limits must not be imposed for a period longer than 7 days.

    (6)     Subsection (5) does not prevent further limits being imposed immediately after the limits previously imposed cease to have effect.

    (7)     This section has effect despite part 6 (Rights of mentally dysfunctional or mentally ill persons) but subject to section 36I.

    (8)     In this section:

"relevant official", in relation to a person subject to a mental health order, means—

        (a)     if the person is subject to a psychiatric treatment order—the chief psychiatrist; and

        (b)     if the person is subject to a community care order—the care coordinator.