Australian Capital Territory Consolidated Acts

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MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 42

Notification of certain persons about detention

    (1)     This section applies if a doctor authorises the involuntary detention of a person under section 41 (1).

    (2)     The doctor must, within 12 hours after authorising the involuntary detention, notify the public advocate and the ACAT of—

        (a)     the name of the person detained; and

        (b)     the reasons for authorising the involuntary detention and care; and

        (c)     the name and address of the approved mental health facility where the person is being detained.

Maximum penalty: 5 penalty units.

    (3)     The person in charge of a facility in which a person is detained under section 41 shall, if the accused person has been taken to the facility in accordance with an order under the Crimes Act, section 309 (1) (a), in addition to complying with subsection (1) of this section, notify the court of the reasons for the involuntary detention and care.

    (4)     The person in charge of a facility in which a person is detained under section 41 shall ensure that the person has adequate opportunity to notify a relative or friend of the person's detention.



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