Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 41

    (1)     Where the doctor who examines a person under section 40 has reasonable grounds for believing that—

        (a)     the 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, the person's condition will deteriorate within 3 days to such an extent that the person would require immediate treatment or care; and

        (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 may authorise the involuntary detention and care of the person at an approved mental health facility for a period not exceeding 3 days.

    (2)     Where—

        (a)     a person is detained under subsection (1); and

        (b)     an application for further detention is made by a psychiatrist before the period of detention expires;

the ACAT may order that, on the expiration of that period, the person be so detained for the further period (not exceeding 7 days) specified in the order.

Note     If a form is approved under s 146A (Approved forms) for a seclusion register, the form must be used.

    (3)     The ACAT shall, on application, review the decision of a doctor or mental health officer under subsection (1) (a) (ii) within 2 working days of the date of receipt of the application.

    (4)     On receipt of an application under subsection (2) (b), the ACAT shall review an order under subsection (2) within 2 working days after the date of the application.