In the Matter of MH 289/2009 (Mental Health)

The Australian Capital Territory Mental Health Tribunal convened to consider a case involving a subject person, who had been found not guilty by reason of mental impairment of the crime of murder. The Supreme Court had ordered the subject person to be detained in custody for immediate review by the Tribunal under the Mental Health Act 2015 (MH Act). The Tribunal had previously ordered the release of the subject person on conditions. The Tribunal reviewed the conditions of release in anticipation of the subject person’s release from custody, making some variations to the conditions. However, the subject person contravened the conditions of his release, leading to a hearing to review the conditions of release. The Tribunal found that the subject person had taken an unprescribed substance, provided a synthetic urine sample, and failed to provide a sample of urine as directed. The Tribunal considered the factors set out in section 180 of the MH Act, and while doing so had regard to the principles set out in section 6. The Tribunal concluded that the current circumstances were exceptional and revoked the order for release from detention, ordering the subject person to be detained in custody until further order of the Tribunal. The Tribunal will review the subject person’s detention and consider his release from custody within one month of these orders.