Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 37

    (1)     If a police officer has reasonable grounds for believing that a person is mentally dysfunctional or mentally ill and has attempted or is likely to attempt—

        (a)     to commit suicide; or

        (b)     to inflict serious harm on himself or herself or another person;

the police officer may apprehend the person and take him or her to an approved health facility.

    (2)     Where a doctor or mental health officer believes on reasonable grounds that—

        (a)     a person is mentally dysfunctional or mentally ill and—

              (i)     as a consequence, requires immediate treatment or care; or

              (ii)     in the opinion of the doctor or mental health officer, the person's condition will deteriorate within 3 days to such an extent that the person would require immediate treatment or care;

        (b)     the person has refused to receive that treatment or care; and

        (c)     detention is necessary for the person's own health or safety, social or financial wellbeing, or for the protection of members of the public; and

        (d)     adequate treatment or care cannot be provided in a less restrictive environment;

the doctor or mental health officer may apprehend the person and take him or her to an approved health facility.

    (3)     The ACAT must, on application, review the decision of a doctor or mental health officer under subsection (2) (a) (ii) within 2 working days after the day the application is made.

    (4)     For subsections (1) and (2), a police officer, doctor or mental health officer—

        (a)     may use such force and assistance as is necessary and reasonable to apprehend the person and take him or her to the facility; and

        (b)     if there are reasonable grounds for believing that the person is at certain premises—may enter those premises using such force and with such assistance as is necessary and reasonable.