Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 38

    (1)     Where a person is taken to an approved health facility under section 37 or the Crimes Act, section 309 (1) (a), the person in charge of the facility shall detain the person at the facility and while the person is so detained—

        (a)     may keep the person in such custody as the person in charge thinks appropriate; and

        (b)     may subject the person to such confinement as is necessary and reasonable—

              (i)     to prevent the person from causing harm to himself or herself or to another person; or

              (ii)     to ensure that the person remains in custody; and

        (c)     may subject the person to such restraint (other than confinement) as is necessary and reasonable—

              (i)     to prevent the person from causing harm to himself or herself or to another person; or

              (ii)     to ensure that the person remains in custody.

    (2)     If a doctor or mental health officer believes on reasonable grounds that a person who has voluntarily attended an approved health facility is a person to whom section 37 (2) (a) to (d) apply, the doctor or mental health officer may detain the person at the facility and, while the person is so detained, the person in charge of the facility may exercise the powers mentioned in subsection (1) (a) to (c) in relation to the person detained.