Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if—
(a) a mental health order (but not a restriction order) is in force in relation to a person; and
(b) the person contravenes the order.
(2) This section also applies if—
(a) a restriction order is in force in relation to a person; and
(b) the relevant official tells the ACAT that the relevant official considers that the person has contravened the order; and
Note The ACAT must review the order within 72 hours after being notified under this section (see s 36L (2)).
(c) the ACAT authorises the relevant official to act under this section.
(3) The relevant official may—
(a) orally tell the person that failure to comply with the order may result in the person being apprehended and being taken to an approved mental health facility for treatment or care; and
(b) if the noncompliance continues after the taking of action under paragraph (a)—tell the person in writing that failure to comply with the order will result in the person being apprehended and being taken to an approved mental health facility for treatment or care; and
(c) if the noncompliance continues after the taking of action under paragraph (b)—require the person to be detained in an approved mental health facility to ensure compliance with the order.
(4) If the relevant official requires the detention of a person under subsection (3) (c), he or she must tell the ACAT and the public advocate—
(a) the name of the person detained; and
(b) the reasons for requiring the detention; and
(c) the name and address of the approved mental health facility where the person is detained.
(5) If a person is required to be detained under subsection (3) (c), a police officer, mental health officer or doctor may apprehend the person and take the person to an approved mental health facility.
(6) For subsection (5), a police officer, mental health officer or doctor—
(a) may use the force and assistance that is necessary and reasonable to apprehend the person and take the person to the facility; and
(b) if there are reasonable grounds for believing that the person is at particular premises—may enter those premises using the force and assistance that is necessary and reasonable.
(7) If a person is detained under subsection (3) (c), the relevant official must tell the ACAT and the public advocate within 72 hours.
(8) In this section:
"relevant official"—see section 36H (8).