Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36

The ACAT may make a community care order in relation to a person if—

        (a)     the person is mentally dysfunctional; and

        (b)     the ACAT has reasonable grounds for believing that, because of the mental dysfunction, the person is likely to—

              (i)     do serious harm to himself, herself or someone else; or

              (ii)     suffer serious mental or physical deterioration;

unless subject to involuntary treatment, care or support; and

        (c)     the ACAT is satisfied that treatment, care or support is likely to reduce the harm, or the likelihood of harm, mentioned in paragraph (b); and

        (d)     the ACAT is satisfied that, in the circumstances, a psychiatric treatment order should not be made; and

        (e)     the treatment, care or support cannot be adequately provided in a way that would involve less restriction of the freedom of choice and movement of the person than would result from the person being an involuntary patient.