Australian Capital Territory Repealed Acts

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This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 49A

Referral to Mental Health Tribunal following conviction

(1)     This section applies where—

        (a)     a child has been convicted by the court of an offence; and

        (b)     the court is satisfied that the child is mentally dysfunctional.

(2)     Where this section applies, the court may, before sentencing the child, order him or her to submit to the jurisdiction of the Mental Health tribunal to enable the tribunal—

        (a)     to determine whether or not the child is mentally dysfunctional; and

        (b)     if the tribunal determines that the child is mentally dysfunctional—to make recommendations as to how the child should be dealt with.

(3)     If the Mental Health Tribunal notifies the court that the child is mentally dysfunctional, the court shall make such orders as it considers appropriate.

(4)     The orders that the court may make under subsection (3) include an order that the child submit to the jurisdiction of the Mental Health Tribunal to enable the tribunal to make a mental health order.



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