Australian Capital Territory Consolidated Acts

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

    (1)     This section applies if the Childrens Court makes a care and protection order, interim care and protection order with a mental health ACAT provision or interim therapeutic protection order, under the Children and Young People Act 2008 requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT—

        (a)     to determine whether the person has a mental illness or mental dysfunction; and

        (b)     if the ACAT determines that the person has a mental illness or mental dysfunction—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 illness or mental dysfunction; and

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