Australian Capital Territory Numbered Acts

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MENTAL HEALTH (TREATMENT AND CARE) (NO. 31 OF 1999) - SECT 22

Authorisation of involuntary detention

    Section 41 of the Principal Act is amended—

        (a)     by omitting paragraph (1) (a) and substituting the following paragraph:

    “(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 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)     by inserting in paragraph (1) (c) “, social or financial wellbeing,” after “safety”;

        (c)     by inserting in paragraph (2) (b) “by a psychiatrist” after “made”; and

        (d)     by adding at the end the following subsections:

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

“(4)     An application for further detention shall be in a form approved by the Minister.

“(5)     On receipt of an application under paragraph (2) (b), the Tribunal shall review an order under subsection (2) within 2 working days after the date of the application.”.



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