Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 45

    (1)     A person commits an offence if—

        (a)     the person is in charge of a mental health facility; and

        (b)     a person (the detainee ) is detained at the facility; and

        (c)     the person does not ensure that, during the detention, the detainee has reasonable access to facilities, and adequate opportunity, to contact the public advocate and the detainee's lawyer.

Maximum penalty: 20 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is in charge of a mental health facility; and

        (b)     a person (the detainee ) is detained at the facility; and

        (c)     the public advocate or the detainee's lawyer asks the person to give any reasonable assistance necessary to allow the public advocate or lawyer to have access to the detainee; and

        (d)     the person does not ensure that the assistance is given.

Maximum penalty: 50 penalty units.

    (3)     An offence against this section is a strict liability offence.