Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 13

    (1)     This section applies if the referring officer for an alleged offender believes on reasonable grounds that—

        (a)     because of mental impairment—

              (i)     the alleged offender's health or safety is, or is likely to be, substantially at risk; or

              (ii)     the alleged offender is or is likely to do serious harm to others; and

        (b)     it may not be appropriate to prosecute, or to continue to prosecute, the alleged offender, considering—

              (i)     the nature and circumstances of the offence; and

              (ii)     the alleged offender's apparent mental condition.

    (2)     The referring officer may refer the alleged offender to the ACAT for a mental health order.

    (3)     In this section:

"alleged offender" means a person—

        (a)     who is arrested in connection with an offence; or

        (b)     if a police officer believes on reasonable grounds that there are sufficient grounds on which to charge the person in connection with an offence; or

        (c)     who is charged in connection with an offence.

Note     Requirements for applications to the ACAT are set out in the ACT Civil and Administrative Tribunal Act 2008 , s 10.