Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 22

    (1)     This section applies if the ACAT makes an assessment order in relation to—

        (a)     a person mentioned to in section 16 (1) (a), (b) or (c) who—

              (i)     has not been served with a subpoena under the ACT Civil and Administrative Tribunal Act 2008 , section 41 for a reason stated in section 82 (3) (Subpoena to appear in person); or

              (ii)     does not appear at a proceeding in relation to the order under a subpoena given under the ACT Civil and Administrative Tribunal Act 2008 , section 41; or

              (iii)     does not comply with the assessment order; or

        (b)     a person mentioned in section 16 (1) (d) or (e).

    (2)     The ACAT may order the removal of the person to a mental health facility to conduct the assessment.

    (3)     The order must state—

        (a)     the day (being a day not later than 1 month after the day the order is made) on which the order stops having effect; and

        (b)     the mental health facility to which the person is to be removed; and

        (c)     the nature of the assessment to be conducted in relation to the person.

    (4)     An order under this section authorises—

        (a)     the arrest of the person named in the order; and

        (b)     the removal of the person to the mental health facility stated in the order.