Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 70

    (1)     This section applies if—

        (a)     the Supreme Court makes an order under the Crimes Act, division 13.3 requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT to make recommendations to the court about how the person should be dealt with; or

        (b)     a court makes an order under the Crimes Act, division 13.5 (Referral of mentally impaired people to ACAT after conviction) or division 13.6 (Summary proceedings against mentally impaired people), requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT—

              (i)     to determine whether the person has a mental impairment; and

              (ii)     if the ACAT determines that the person has a mental impairment—to make recommendations to the court about how the person should be dealt with.

    (2)     After an inquiry, and as the ACAT thinks appropriate in relation to the person—

        (a)     the ACAT must determine on the balance of probabilities, whether or not the person has a mental impairment; and

        (b)     if the ACAT determines that the person has a mental impairment, the ACAT must make recommendations to the court about how the person should be dealt with.