Mental Health Act 2015 (ACT)
Mental Health Act 2015
A2015-38
Republication No 21
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Mental Health Act 2015 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Mental Health Act 2015
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4Offences against Act—application of Criminal Code etc 3
Chapter 2 Objects and important concepts
5 Objects of Act 4
6 Principles applying to Act 5
7 Meaning of decision-making capacity 8
8 Principles of decision-making capacity 8
9 Meaning of mental disorder 9
10 Meaning of mental illness 10
11 People not to be regarded as having mental disorder or mental illness 10
12 Meaning of carer 11
13 Proceedings relating to children 12
Chapter 3 Rights of people with mental disorder or mental illness
Part 3.1 Rights in relation to information and communication
14 Meaning of responsible person—pt 3.1 13
15 Information to be given to people 13
16 Information to be available at facilities 15
17 Communication 16
18 Failure by owner of facility to comply with pt 3.1 16
Part 3.2 Nominated people
19 Nominated person 17
20 Nominated person—functions 17
21 Nominated person—obligations of person in charge of facility 18
22 Nominated person—end of nomination 18
23 Nominated person—protection from liability 20
Part 3.3 Advance agreements and advance consent directions
24 Definitions—pt 3.3 21
25 Rights in relation to advance agreements and advance consent directions 21
26 Entering into advance agreement 22
27 Making advance consent direction 24
28 Giving treatment etc under advance agreement or advance consent direction 27
29 Ending advance agreement or advance consent direction 28
30 Effect of advance agreement and advance consent direction on guardian with authority to give consent for treatment, care or support 30
31 Effect of advance agreement and advance consent direction on attorney with power to deal with health care matters 31
32 Effect of health direction on previous advance consent direction 31
Chapter 4 Assessments
Part 4.1 Applications for assessment orders
33 Applications by people with mental disorder or mental illness—assessment order 32
34 Applications by other people—assessment order 32
35 Applications by referring officers—assessment order 33
36 Applicant and referring officer to tell ACAT of risks—assessment order 34
Part 4.2 Assessment orders
37 Assessment order 36
38 Consent for assessment order 37
39 Emergency assessment order 38
40 Content and effect of assessment order 38
41 Public advocate to be told about assessment order 39
42 Time for conducting assessment 40
43 Removal order to conduct assessment 40
44 Executing removal order 41
45 Contact with others 42
46 Public advocate and lawyer to have access 42
47 Person to be assessed to be told about order 43
48 Copy of assessment 43
49 Notice of outcome of assessment 44
Chapter 5 Mental health orders
Part 5.1 Preliminary
50 Definitions—ch 5 45
Part 5.2 Applications for mental health orders
51 Applications for mental health orders 46
52 Applicant to tell ACAT of risks 46
Part 5.3 Making of mental health orders—preliminary matters
53 ACAT must consider assessment—mental health order 48
54 Consultation by ACAT—mental health order 48
55 ACAT must hold hearing—mental health order 50
56 What ACAT must take into account—mental health order 50
57 ACAT must not order particular treatment, care or support—mental health order 52
Part 5.4 Psychiatric treatment orders
58 Psychiatric treatment order 53
59 Content of psychiatric treatment order 54
60 Criteria for making restriction order with psychiatric treatment order 55
61 Content of restriction order made with psychiatric treatment order 56
62 Role of chief psychiatrist—psychiatric treatment order 56
63 Treatment etc to be explained—psychiatric treatment order 59
64 Action if psychiatric treatment order no longer appropriate—no longer person in relation to whom ACAT could make order 59
65 Powers in relation to psychiatric treatment order 61
Part 5.5 Community care orders
66 Community care order 64
67 Content of community care order 65
68 Criteria for making restriction order with community care order 66
69 Content of restriction order made with community care order etc 66
70 Role of care coordinator—community care order 67
71 Treatment etc to be explained—community care order 69
72 Action if community care order no longer appropriate—no longer person in relation to whom ACAT could make order 70
73 Powers in relation to community care order 72
Part 5.6 Limits on communication under mental health orders
74 Limits on communication—mental health order 74
75 Offence—limits on communication—mental health order 75
Part 5.7 Duration, contravention and review of mental health orders
76 Duration of mental health orders 76
77 Contravention of mental health order 76
78 Contravention of mental health order—absconding from facility 78
79 Review of mental health order 79
Chapter 6 Emergency detention
80 Apprehension 82
81 Detention at approved mental health facility 84
82 Copy of court order 85
83 Statement of action taken 85
84 Initial examination at approved mental health facility 86
85 Authorisation of involuntary detention 88
86 Medical examination of detained person 89
87 Notification of Magistrates Court about emergency detention or release from emergency detention 90
88 Treatment during detention 91
89 Notification of certain people about detention 92
90 Offence—communication during detention 94
91 Order for release 95
92 Duty to release 96
Chapter 7 Forensic mental health
Part 7.1 Forensic mental health orders
Division 7.1.1 Preliminary
93 Definitions—pt 7.1 97
Division 7.1.2 Application for forensic mental health orders
94 Applications for forensic mental health orders—detainees etc 97
95 Relevant person to tell ACAT of risks 98
Division 7.1.3 Making forensic mental health orders—preliminary matters
96 ACAT must consider assessment—forensic mental health order 99
97 Consultation by ACAT—forensic mental health order 99
98 ACAT must hold hearing—forensic mental health order 100
99 What ACAT must take into account—forensic mental health order 100
100 ACAT must not order particular treatment, care or support—forensic mental health order 102
Division 7.1.4 Forensic psychiatric treatment orders
101 Forensic psychiatric treatment order 103
102 Content of forensic psychiatric treatment order 104
103 Role of chief psychiatrist—forensic psychiatric treatment order 105
104 Treatment etc to be explained—forensic psychiatric treatment order 108
105 Action if forensic psychiatric treatment order no longer appropriate—no longer person in relation to whom ACAT could make order 108
106 Action if forensic psychiatric treatment order no longer appropriate—no longer necessary to detain person 110
107 Powers in relation to forensic psychiatric treatment order 112
Division 7.1.5 Forensic community care orders
108 Forensic community care order 114
109 Content of forensic community care order 116
110 Role of care coordinator—forensic community care order 117
111 Treatment etc to be explained—forensic community care order 119
112 Action if forensic community care order no longer appropriate—no longer person in relation to whom ACAT could make order 119
113 Action if forensic community care order no longer appropriate—no longer necessary to detain person 121
114 Powers in relation to forensic community care order 123
Division 7.1.6 Limits on communication under forensic mental health orders
115 Limits on communication—forensic mental health order 125
116 Offence—limits on communication—forensic mental health order 127
Division 7.1.7 Duration of forensic mental health orders
117 Duration of forensic mental health orders 127
Division 7.1.8 Leave for detained people
118 Meaning of corrections order—div 7.1.8 128
119 Grant of leave for person detained by ACAT 129
120 Revocation of leave granted by ACAT 131
121 Grant of leave for person detained by relevant official 134
122 Leave in emergency or special circumstances 136
123 Revocation of leave granted by relevant official 138
Division 7.1.9 Contravention and review of forensic mental health orders
124 Contravention of forensic mental health order 140
125 Contravention of forensic mental health order—absconding from facility 142
126 Review of forensic mental health order 143
Part 7.2 Affected people
127 Definitions—pt 7.2 146
128 Meaning of affected person 146
129 Meaning of registered affected person 148
130 Affected person register 148
131 Notifying people about the affected person register 148
132 Including person in affected person register 149
133 Removing person from affected person register 150
134 Disclosures to registered affected people 151
Chapter 8 Correctional patients
Part 8.1 Preliminary
135 Meaning of correctional patient 154
Part 8.2 Transfer of correctional patients
136 Transfer to mental health facility 155
137 Return to correctional centre or detention place unless direction to remain 156
138 Release etc on change of status of correctional patient 157
139 ACAT may return people to correctional centre or detention place 158
Part 8.3 Review of correctional patients
140 Review of correctional patient awaiting transfer to mental health facility 159
141 Review of correctional patient transferred to mental health facility 159
142 Review of correctional patient detained at mental health facility 160
Part 8.4 Leave for correctional patients
142A Definitions—pt 8.4 162
143 Grant of leave for correctional patients 162
144 Revocation of leave for correctional patients 164
Chapter 8ATransfer of custody—secure mental health facility
144A Transfer of custody if person admitted to secure mental health facility 166
144B Taking person to appear before court 168
144C Release etc on change of status of person 169
144D Power to apprehend if person escapes from secure mental health facility 170
144E Transfers to health facilities 172
144F Escort officers 173
144G Crimes Act escape provisions 174
Chapter 9 Electroconvulsive therapy and psychiatric surgery
Part 9.1 Preliminary—ch 9
145 Definitions 175
146 Form of consent 175
Part 9.2 Electroconvulsive therapy
Division 9.2.1 Administration of electroconvulsive therapy
147 When electroconvulsive therapy may be administered 177
148 Adult with decision-making capacity 177
149 Adult without decision-making capacity 178
150 Young person with decision-making capacity 179
151 Young person without decision-making capacity 179
152 Offence—unauthorised administration of electroconvulsive therapy 180
Division 9.2.2 Electroconvulsive therapy orders
153 Application for electroconvulsive therapy order 181
154 Consultation by ACAT—electroconvulsive therapy order 181
155 ACAT must hold hearing—electroconvulsive therapy order 182
156 What ACAT must take into account—electroconvulsive therapy order 182
157 Making of electroconvulsive therapy order 183
158 Content of electroconvulsive therapy order 184
159 Person to be told about electroconvulsive therapy order 185
Division 9.2.3 Emergency electroconvulsive therapy orders
160 Application for emergency electroconvulsive therapy order 185
161 What ACAT must take into account—emergency electroconvulsive therapy order 186
162 Making of emergency electroconvulsive therapy order 187
163 Content of an emergency electroconvulsive therapy order 189
164 Effect of later order 189
Division 9.2.4 Records of electroconvulsive therapy
165 Doctor must record electroconvulsive therapy 189
166 Electroconvulsive therapy records to be kept for 5 years 190
Part 9.3 Psychiatric surgery
167 Performance on people subject to orders of ACAT 191
168 Psychiatric surgery not to be performed without approval or if person refuses 191
169 Application for approval 191
170 Application to be considered by committee 192
171 Requirement for further information 194
172 Application to be decided in accordance with committee’s recommendation 194
173 Consent of Supreme Court 194
174 Refusal of psychiatric surgery 195
175 Appointment of committee 197
Chapter 10Referrals by courts under Crimes Act and Children and Young People Act
176 Review of certain people found unfit to plead 198
177 Recommendations about people with mental impairment 200
178 Recommendations about people with mental disorder or mental illness 201
179 Service of decisions etc 201
180 Review of detention under court order 202
181 Contravention of conditions of release 204
182 Review of conditions of release 205
183 Limit on detention 206
Chapter 11 ACAT procedural matters
184 Meaning of subject person—ch 11 207
185 When ACAT may be constituted by presidential member 207
186 When ACAT must be constituted by more members 208
187 Applications 209
188 Notice of hearing 209
189 Directions to registrar 212
190 Appearance 213
191 Separate representation of children etc 215
192 Subpoena to appear in person 215
193 Person subpoenaed in custody 216
194 Hearings to be in private 216
195 Who is given a copy of the order? 216
Chapter 12 Administration
Part 12.1 Chief psychiatrist and mental health officers
196 Chief psychiatrist 219
197 Functions 219
198 Approved code of practice 220
198A Chief psychiatrist may make guidelines 220
199 Ending appointment—chief psychiatrist 221
200 Delegation by chief psychiatrist 222
201 Mental health officers 222
202 Functions of mental health officers 223
203 Identity cards for mental health officers 223
Part 12.2 Care coordinator
204 Care coordinator 224
205 Functions 224
206 Ending appointment—care coordinator 225
207 Delegation by care coordinator 225
Part 12.3 Official visitors
208 Meaning of official visitor etc 227
209 Appointment of official visitors—additional suitability requirement 228
211 Official visitor’s functions 228
213 Notice to official visitor of detainee receiving mental health treatment, care or support in correctional centre 229
214 Complaint about treatment, care or support provided at place other than visitable place 230
Part 12.4 Coordinating director-general
215 Coordinating director-general 232
216 Functions of coordinating director-general 232
217 Coordinating director-general policies and operating procedures 232
Part 12.5 Sharing information—government agencies
218 Definitions—pt 12.5 233
219 Information sharing protocol 234
220 Information sharing guidelines 235
221 Information sharing—approval of agency 235
Chapter 13 Private psychiatric facilities
Part 13.1 Preliminary
222 Definitions—ch 13 236
Part 13.2 Licences
223 Meaning of eligible person—pt 13.2 237
224 Licence—requirement to hold 238
225 Licence—application 238
226 Licence—decision on application 239
227 Licence—term and renewal of licence 240
228 Licence—transfer of licence 241
229 Licence—amendment initiated by Minister 242
230 Licence—amendment on application by licensee 242
231 Licence—surrender 243
232 Licence—cancellation by notice 243
233 Licence—emergency cancellation 244
Part 13.3 Private psychiatric facilities—enforcement
234 Appointment of inspectors 245
235 Identity cards 245
236 Powers of inspection 246
237 Failing to comply with requirement of inspector 247
Chapter 14 Mental health advisory council
238 Establishment of mental health advisory council 248
239 Functions of mental health advisory council 248
240 Membership of mental health advisory council 248
241 Procedures of mental health advisory council 249
Chapter 15 Interstate application of mental health laws
Part 15.1 Preliminary
242 Purpose—ch 15 250
243 Definitions—ch 15 250
244 Authority to enter into agreements 252
245 Authorised officer and interstate authorised person may exercise certain functions 252
246 Medication for person being transferred 252
Part 15.2 Apprehension of people in breach of certain orders
247 Apprehension of interstate patient in breach of interstate involuntary treatment order 253
248 Apprehension of person in breach of mental health order or forensic mental health order 254
Part 15.3 Transfer of certain people from ACT
249 Interstate transfer—person under psychiatric treatment order or community care order 256
250 Interstate transfer—person under forensic psychiatric treatment order or forensic community care order 259
251 Transfer to interstate mental health facility—emergency detention 262
252 Interstate transfer—when ACT order stops applying 264
Part 15.4 Transfer of certain people to ACT
253 Transfer of interstate patient to approved mental health facility 265
254 Transfer of responsibility to provide treatment, care or support in the community for interstate patient 265
255 Transfer of person apprehended in another State to approved mental health facility 266
Part 15.5 Interstate operation of certain orders
256 Mental health order relating to interstate person 267
257 Implementing interstate involuntary treatment order for temporary ACT resident 267
Chapter 16 Notification and review of decisions
258 Meaning of reviewable decision—ch 16 269
259 Reviewable decision notices 269
260 Applications for review 269
Chapter 17Miscellaneous
261 Approval of mental health facilities 270
262 Approval of community care facilities 270
263 Powers of entry and apprehension 270
264 Powers of search and seizure 272
265 Protection of officials from liability 275
266 Report and record of use of restraint etc 276
267 Appeals from ACAT to Supreme Court 277
268 Relationship with Guardianship and Management of Property Act 277
269 Relationship with Powers of Attorney Act 278
270 Certain rights unaffected 279
271A Reviews by Minister and director-general 279
272 Determination of fees 280
274 Regulation-making power 280
Schedule 1 Reviewable decisions 281
Dictionary282
Endnotes
1 About the endnotes 291
2 Abbreviation key 291
3 Legislation history 292
4 Amendment history 295
5 Earlier republications 344
6 Expired transitional or validating provisions 346
7 Renumbered provisions 346
Mental Health Act 2015
An Act to provide for the treatment, care or support, rehabilitation and protection of people with a mental disorder or mental illness and the promotion of mental health and wellbeing, and for other purposes
Chapter 1Preliminary
Name of Act
This Act is the Mental Health Act 2015.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘care and protection order—see the Children and Young People Act 2008, section 422.’ means that the term ‘care and protection order’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Chapter 2Objects and important concepts
Objects of Act
The objects of this Act are to—
(a)promote the recovery of people with a mental disorder or mental illness; and
(b)promote the capacity of people with a mental disorder or mental illness to determine, and participate in, their assessment and treatment, care or support, taking into account their rights in relation to mental health under territory law; and
(c)ensure that people with a mental disorder or mental illness receive assessment and treatment, care or support in a way that is least restrictive or intrusive to them; and
(d)facilitate access by people with a mental disorder or mental illness to services provided in a way that recognises and respects their rights, inherent dignity and needs; and
(e)promote the inclusion of, and participation by, people with a mental disorder or mental illness in communities of their choice; and
(f)facilitate access by people with a mental disorder or mental illness to assessment and treatment, care or support as far as practicable in communities of their choice; and
(g)support improvements in mental health through mental health promotion, illness prevention and early intervention.
Principles applying to Act
In exercising a function under this Act, the following principles must be taken into account:
(a)a person with a mental disorder or mental illness has the same rights and responsibilities as other members of the community and is to be supported to exercise those rights and responsibilities without discrimination;
(b)a person with a mental disorder or mental illness has the right to—
(i)consent to, refuse or stop treatment, care or support; and
(ii)be told about the consequences of consenting to, refusing or stopping treatment, care or support;
(c)a person with a mental disorder or mental illness has the right to determine the person’s own recovery;
(d)a person with a mental disorder or mental illness has the right to have the person’s will and preferences, to the extent that they are known or able to be known, taken into account in decisions made about treatment, care or support;
(e)a person with a mental disorder or mental illness has the right to access the best available treatment, care or support relating to the person’s individual needs;
(f)a person with a mental disorder or mental illness has the right to be able to access services that—
(i)are sensitive and responsive to the person’s individual needs, including in relation to age, gender, culture, language, religion, sexuality, trauma and other life experiences; and
(ii)observe, respect and promote the person’s rights, liberty, dignity, autonomy and self-respect;
(g)a person with a mental disorder or mental illness has the right to be given timely information, in a way that the person is most likely to understand, to allow the person to make decisions or maximise the person’s contribution to decision‑making about the person’s assessment and treatment, care or support;
(h)a person with a mental disorder or mental illness has the right to communicate, and be supported in communicating, in a way appropriate to the person;
Examples
1aided augmentative and alternative communication including teletypewriter services, communication boards and communication books
2unaided augmentative and alternative communication including sign language and facial expression
3use of an interpreter or translation service
4use of an independent advocacy service
(i)a person with a mental disorder or mental illness has the right to be assumed to have decision-making capacity, unless it is established that the person does not have decision‑making capacity;
NoteFor principles of decision-making capacity, see s 8.
(j)services provided to a person with a mental disorder or mental illness should—
(i)respect the informed consent of the person to the person’s assessment and treatment, care or support including consent as expressed in an advance consent direction; and
(ii)support and allow the person to make the person’s own decisions; and
(iii)be provided in a way that considers and respects the preferences of the person, including those expressed in an advance agreement; and
(iv)promote a person’s capacity to determine the person’s recovery from mental disorder or mental illness; and
(v)seek to bring about the best therapeutic outcomes for the person and promote the person’s recovery; and
(vi)be therapeutic or diagnostic in nature for the benefit of the person, and never administered as punishment or for the benefit of someone other than the person; and
(vii)be delivered in a way that takes account of, and continues to build on, evidence of effective assessment and treatment, care or support; and
(viii)be provided in a way that ensures that the person is aware of the person’s rights; and
(ix)facilitate appropriate involvement of close relatives, close friends and carers in treatment, care or support decisions in partnership with medical professionals; and
(x)acknowledge the impact of mental disorder and mental illness on the close relatives, close friends and carers of people with a mental disorder or mental illness; and
(xi)recognise the experience and knowledge of close relatives, close friends and carers about a person’s mental disorder or mental illness; and
(xii)promote inclusive practices in treatment, care or support to engage families and carers in responding to a person’s mental disorder or mental illness; and
(xiii)promote a high standard of skill and training for the people providing treatment, care or support.
Meaning of decision-making capacity
For this Act, a person has capacity to make a decision in relation to the person’s treatment, care or support for a mental disorder or mental illness (decision-making capacity) if the person can, with assistance if needed—
(a)understand when a decision about treatment, care or support for the person needs to be made; and
(b)understand the facts that relate to the decision; and
(c)understand the main choices available to the person in relation to the decision; and
(d)weigh up the consequences of the main choices; and
(e)understand how the consequences affect the person; and
(f)on the basis of paragraphs (a) to (e), make the decision; and
(g)communicate the decision in whatever way the person can.
Principles of decision-making capacity
(1)In considering a person’s decision-making capacity under this Act, the following principles must be taken into account:
(a)a person’s decision-making capacity is particular to the decision that the person is to make;
(b)a person must be assumed to have decision-making capacity, unless it is established that the person does not have decision‑making capacity;
(c)a person who does not have decision-making capacity must always be supported to make decisions about the person’s treatment, care or support to the best of the person’s ability;
(d)a person must not be treated as not having decision‑making capacity unless all practicable steps to assist the person to make decisions have been taken;
(e)a person must not be treated as not having decision‑making capacity only because—
(i)the person makes an unwise decision; or
(ii)the person has impaired decision-making capacity under another Act, or in relation to another decision;
(f)a person must not be treated as having decision-making capacity to consent to the provision of treatment, care or support only because the person complies with the provision of the treatment, care or support;
(g)a person who moves between having and not having decision‑making capacity must, if reasonably practicable, be given the opportunity to consider matters requiring a decision at a time when the person has decision-making capacity.
(2)A person’s decision‑making capacity must always be taken into account in deciding treatment, care or support, unless this Act expressly provides otherwise.
(3)An act done, or decision made, under this Act for a person who does not have decision-making capacity must be done in the person’s best interests.
(4)In considering a person’s decision‑making capacity under this Act, any approved code of practice under section 198 must be taken into account.
Meaning of mental disorder
In this Act:
mental disorder—
(a)means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion; but
(b)does not include a condition that is a mental illness.
Meaning of mental illness
In this Act:
mental illness means a condition that seriously impairs (either temporarily or permanently) the mental functioning of a person in 1 or more areas of thought, mood, volition, perception, orientation or memory, and is characterised by—
(a)the presence of at least 1 of the following symptoms:
(i)delusions;
(ii)hallucinations;
(iii)serious disorders of streams of thought;
(iv)serious disorders of thought form;
(v)serious disturbance of mood; or
(b)sustained or repeated irrational behaviour that may be taken to indicate the presence of at least 1 of the symptoms mentioned in paragraph (a).
People not to be regarded as having mental disorder or mental illness
For this Act, a person is not to be regarded as having a mental disorder or mental illness only because of any of the following:
(a)the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular political opinion or belief;
(b)the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular religious opinion or belief;
(c)the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular philosophy;
(d)the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular sexual preference or sexual orientation;
(e)the person engages in or refuses or fails to engage in, or has engaged in or has refused or failed to engage in, a particular political activity;
(f)the person engages in or refuses or fails to engage in, or has engaged in or has refused or failed to engage in, a particular religious activity;
(g)the person engages in or has engaged in sexual promiscuity;
(h)the person engages in or has engaged in immoral conduct;
(i)the person engages in or has engaged in illegal conduct;
(j)the person takes or has taken alcohol or any other drug;
(k)the person engages in or has engaged in antisocial behaviour.
Meaning of carer
(1)For this Act, a person is a carer if the person provides personal care, support or assistance to a person who has a mental disorder or mental illness.
(2)However, a person is not a carer for another person—
(a)in relation to care, support or assistance that is provided—
(i)under a commercial arrangement, or an arrangement that is substantially commercial; or
(ii)in the course of doing voluntary work for a charitable, welfare or community organisation; or
(iii)as part of a course of education or training; or
(b)just because the person is the domestic partner, parent, child or other relative, or guardian of the other person; or
(c)just because the person lives with the other person.
Proceedings relating to children
A person who is the subject of a proceeding is a child for the proceeding if the person was a child when the proceeding began.
Chapter 3Rights of people with mental disorder or mental illness
Part 3.1Rights in relation to information and communication
Meaning of responsible person—pt 3.1
In this part:
responsible person means—
(a)for a mental health facility that is not conducted by the Territory—the owner of the facility; or
(b)for a psychiatric facility conducted by the Territory—the chief psychiatrist; or
(c)for any other mental health facility or community care facility conducted by the Territory—the director-general of the administrative unit responsible for the conduct of the facility.
Information to be given to people
(1)The responsible person for a mental health facility or community care facility must ensure that, as soon as practicable after it is decided to give treatment, care or support to a person at the facility, the person—
(a)is orally advised of their rights under this Act; and
(b)is given a written information statement including—
(i)a statement of the right to obtain a second opinion from an appropriate mental health professional; and
(ii)a statement of the right to obtain legal advice; and
(iii)a statement that, if the person has decision-making capacity, the person has the right to—
(A)nominate someone else to be the person’s nominated person; and
(B)enter into an advance agreement; and
(C)make an advance consent direction; and
(iv)information about the role of a nominated person under this Act; and
(v)the location of the information required to be available at the facility under section 16; and
(vi)anything else prescribed by regulation.
(2)A mental health professional giving treatment, care or support in the community to a person with a mental disorder or mental illness must ensure that the advice and information mentioned in subsection (1) (a) and (b) is given to the person as soon as practicable after it is decided to give the person treatment, care or support in the community.
(3)The responsible person or mental health professional must ensure that the advice and information—
(a)is provided in a way that the person is most likely to understand; and
(b)if the person appears to be unable to understand the advice or information, the public advocate is told of that fact.
(4)The responsible person or mental health professional must also take reasonable steps to give a copy of the information to—
(a)if the person has a nominated person—the nominated person; and
(b)if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian; and
(c)if the person has an attorney under the Powers of Attorney Act 2006—the attorney; and
(d)if a health attorney is involved in the treatment, care or support of the person—the health attorney; and
(e)if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility); and
(f)if the person has a legal representative—the legal representative; and
(g)if the person has a carer—the carer.
Information to be available at facilities
(1)The responsible person for a mental health facility or community care facility must ensure that current copies of the following information are available at the facility in a place readily accessible to people admitted to or receiving treatment, care or support at the facility:
(a)this Act, the Guardianship and Management of Property Act 1991 and any other relevant legislation;
(b)any publications prepared by the administrative unit responsible for that legislation for the purpose of explaining the legislation;
(c)information statements printed in different languages;
(d)a list of the names, addresses, telephone numbers and relevant functions of the entities prescribed by regulation.
(2)The responsible person must also ensure that a notice indicating where the information is available is displayed in a prominent position at the facility.
Communication
(1)The responsible person for a mental health facility or community care facility must ensure that a person admitted to or receiving treatment, care or support at the facility—
(a)is given reasonable opportunities and facilities to communicate with people of the person’s choice by means other than written communication; and
(b)is given, on request, reasonable opportunities and facilities for preparing written communications and for enclosing the communications in sealed envelopes.
(2)The responsible person for a mental health facility or community care facility must ensure that any written communication addressed to or written by a person admitted to or receiving treatment, care or support at the facility is forwarded, without being opened and without delay, to the person to whom it is addressed.
(3)Subsection (2) does not apply if the responsible person is complying with a limit imposed on communication between the admitted person and other people under section 115 (Limits on communication—forensic mental health order).
Failure by owner of facility to comply with pt 3.1
(1)The owner of a mental health facility that is not conducted by the Territory commits an offence if the owner fails to comply with this part.
Maximum penalty: 20 penalty units.
(2)Subsection (1) does not apply if the owner has a reasonable excuse.
(3)An offence against this section is a strict liability offence.
Part 3.2Nominated people
Nominated person
(1)A person with a mental disorder or mental illness, who has decision‑making capacity, may, in writing nominate someone else to be the person’s nominated person.
Examples
1 a close relative or close friend
2 a carer
3 the person’s neighbour
NoteIf a person makes an advance agreement under pt 3.3, the agreement may set out contact details for a nominated person (see s 26 (2) (c)).
(2)However, a person cannot be nominated under subsection (1) unless the person—
(a)is an adult; and
(b)is able to undertake the functions of a nominated person; and
(c)is readily available; and
(d)agrees to the nomination.
Nominated person—functions
(1)The main function of a nominated person for a person with a mental disorder or mental illness is to help the person by ensuring that the interests, views and wishes of the person are respected if the person requires treatment, care or support for a mental disorder or mental illness.
(2)The other functions of a nominated person include—
(a)receiving information under this Act; and
(b)being consulted about decisions in relation to treatment, care or support; and
(c)other functions given to the nominated person under this Act.
Nominated person—obligations of person in charge of facility
The person in charge of an approved mental health facility or approved community care facility must take all reasonable steps to ensure that—
(a)a person receiving treatment, care or support at the facility is asked whether the person has a nominated person; and
(b)if the person has a nominated person—
(i)details about the nominated person and a copy of the written nomination are kept with the person’s record; and
(ii)a process is in place to periodically check the currency of the information kept under subparagraph (i); and
(iii)if the ACAT is involved in decisions about the person—the name of and contact information for the nominated person is given to the ACAT.
Nominated person—end of nomination
(1)A person who has a nominated person and has decision-making capacity may end the nomination by telling a member of the person’s treating team, orally or in writing, that they do not want the nominated person to continue to perform the functions of a nominated person.
(2)A nominated person may end their nomination by telling a member of the person’s treating team, orally or in writing, that they are not able to continue to perform the functions of a nominated person.
(3)A nomination ended by a person under subsection (1) or (2) ends on—
(a)the day the person tells the member of the treating team; or
(b)if the person tells the member of the treating team in writing that the nomination ends on a later day—the later day.
(4)The chief psychiatrist may end the nomination of a nominated person if—
(a)the chief psychiatrist believes on reasonable grounds that—
(i)the nominated person is not able to continue to perform the functions of a nominated person under section 20 (Nominated person—functions); or
(ii)the nominated person no longer satisfies the criteria mentioned in section 19 (2) (Nominated person); or
(iii)it is in the best interest of the person who made the nomination that the nomination ends; and
(b)the chief psychiatrist consults with the person who made the nomination about the reasonable grounds for ending the nomination.
(5)If the chief psychiatrist ends a nomination under subsection (4), the chief psychiatrist—
(a)must make a record about the reason for ending the nomination; and
(b)must give written notice of the day that the nomination is to end to the following:
(i)the person who made the nomination;
(ii)the nominated person;
(iii)a member of the person’s treating team; and
(c)may, if the person who made the nomination has decision‑making capacity, ask the person whether there is someone else who can be nominated; and
(d)must advise the person who made the nomination about advocacy services that may be available to provide assistance to the person.
Examples—par (d)
1the public advocate
2ACT Disability, Aged and Carer Advocacy Service
(6)A member of a person’s treating team who is told about a nomination ending under subsection (1), (2) or (4) must ensure that—
(a)information about the nomination ending is entered in the person’s record as soon as practicable; and
(b)the person is told in a way that the person is most likely to understand that the information has been entered in the person’s record; and
(c)the person is given a copy of the information entered in the person’s record.
(7)In this section:
treating team, for a person with a mental disorder or mental illness—see section 24.
Nominated person—protection from liability
(1)A nominated person is not civilly liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a function under this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)Any civil liability that would, apart from subsection (1), attach to a nominated person attaches instead to the Territory.
Part 3.3Advance agreements and advance consent directions
Definitions—pt 3.3
In this part:
representative, of a treating team, means the member of the treating team nominated by the team to exercise the functions of a representative for this part.
treating team, for a person with a mental disorder or mental illness, means the mental health professionals involved in the treatment care or support of the person for a particular episode of treatment, care or support, and includes—
(a)if the person names another mental health professional as the person’s current mental health professional—that other mental health professional; and
(b)if another mental health professional referred the person to the treating team for that episode of care—that other mental health professional.
Rights in relation to advance agreements and advance consent directions
The representative of the treating team for a person with a mental disorder or mental illness must, as soon as practicable, ensure that the person—
(a)is told that the person may enter into an advance agreement; and
(b)is given the opportunity to enter into an advance agreement; and
(c)is told that the person may make an advance consent direction; and
(d)is given the opportunity to make an advance consent direction; and
(e)is told that the person may have someone with them to assist in entering into an advance agreement or making an advance consent direction.
Example—par (e)
a nominated person could assist the person
Entering into advance agreement
(1)A person with a mental disorder or mental illness who has decision‑making capacity may enter into an agreement (an advance agreement) with the person’s treating team that sets out—
(a)information the person considers relevant to their treatment, care or support for the mental disorder or mental illness (but not information more appropriate to include in an advance consent direction); and
NoteSee s 27 (1) for what an advance consent direction may be about.
(b)any preferences the person has in relation to practical help the person may need as a result of the mental disorder or mental illness.
Examples—practical help
1arranging for the payment of bills
2arranging care or providing care for a close relative or close friend usually cared for by the person with the mental disorder or mental illness
(2)An advance agreement for a person may also set out the following:
(a)if the person has an advance consent direction—a copy of the advance consent direction;
(b)if the person has a nominated person—contact details for the nominated person;
(c)if there is a person who is likely to provide practical help under the agreement—contact details for the person;
(d)if the person has a carer—contact details for the carer;
(e)if the person has a guardian under the Guardianship and Management of Property Act 1991—contact details for the guardian;
(f)if the person has an attorney under the Powers of Attorney Act 2006—contact details for the attorney;
(g)any other relevant details.
Examples—par (g)
1that the person cannot speak, read or write English, but is fluent in another stated language (for example, AUSLAN or Italian)
2that the person cannot speak but can communicate using a stated communication device (for example, a communication book or board)
(3)An advance agreement for a person must be—
(a)in writing; and
(b)signed by—
(i)the person; and
(ii)the representative of the person’s treating team; and
(iii)if the person has a nominated person—the nominated person.
(4)If there is a person who is likely to provide practical help under the advance agreement, the agreement may also be signed by that person.
(5)The representative of the person’s treating team must ensure that—
(a)the advance agreement is entered in the person’s record; and
(b)a copy of the advance agreement is given to—
(i)the person; and
(ii)if the person has a nominated person—the nominated person; and
(iii)if there is a person who is likely to provide practical help under the agreement and the person consents to that person being given a copy—that person; and
(iv)if the person has a carer and the person consents to the carer being given a copy—the carer; and
(v)if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian and the ACAT; and
(vi)if the person has an attorney under the Powers of Attorney Act 2006—the attorney; and
(vii)any member of the person’s treating team who does not have access to the person’s record.
Making advance consent direction
(1)A person with a mental disorder or mental illness may make a direction (an advance consent direction) about 1 or more of the following:
(a)the treatment, care or support that the person consents to receiving if the mental disorder or mental illness results in the person not having decision-making capacity;
(b)particular medications or procedures that the person consents to receiving if the mental disorder or mental illness results in the person not having decision-making capacity;
(c)particular medications or procedures that the person does not consent to receiving if the mental disorder or mental illness results in the person not having decision-making capacity;
(d)the people who may be provided with information about the treatment, care or support the person requires for a mental disorder or mental illness;
(e)the people who are not to be provided with information about the treatment, care or support the person requires for a mental disorder or mental illness.
NoteThe disclosure of personal health information is subject to the Health Records (Privacy and Access) Act 1997.
(2)A person with a mental disorder or mental illness may make an advance consent direction only if the person—
(a)has decision-making capacity; and
(b)has consulted with the person’s treating team about options for treatment care and support in relation to the mental disorder or mental illness.
(3)An advance consent direction that does not include advance consent for electroconvulsive therapy or psychiatric surgery must be—
(a)in writing; and
(b)signed by the person in the presence of a witness who is not a treating health professional for the person, and by the witness in the presence of the person; and
(c)signed by the representative of the person’s treating team in the presence of a witness who is not a treating health professional for the person, and by the witness in the presence of the representative.
(4)An advance consent direction that includes advance consent for electroconvulsive therapy must—
(a)be in writing; and
(b)state the maximum number of times (not more than 9) that electroconvulsive therapy may be administered to the person under the consent; and
(c)be signed by the person in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the person; and
(d)be signed by the representative of the person’s treating team in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the representative.
(5)An advance consent direction that includes advance consent for psychiatric surgery must be—
(a)in writing; and
(b)signed by the person in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the person; and
(c)signed by the representative of the person’s treating team in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the representative.
(6)The representative of the person’s treating team must ensure that—
(a)the advance consent direction is entered in the person’s record; and
(b)a copy of the advance consent direction is given to—
(i)the person; and
(ii)if the person has a nominated person—the nominated person; and
(iii)if the person has a carer and the person consents to the carer being given a copy—the carer; and
(iv)if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian and the ACAT; and
(v)if the person has an attorney under the Powers of Attorney Act 2006—the attorney; and
(vi)any member of the person’s treating team who does not have access to the person’s record.
Giving treatment etc under advance agreement or advance consent direction
(1)A mental health professional must, before giving treatment, care or support to a person with a mental disorder or mental illness, take reasonable steps to find out whether an advance agreement or advance consent direction is in force in relation to the person.
(2)If an advance agreement is in force and the person does not have decision-making capacity, a mental health professional—
(a)must, if reasonably practicable, give treatment, care or support to the person in accordance with the preferences expressed in the agreement; and
(b)must not apprehend, detain, restrain or use force to give effect to the agreement.
(3)If an advance consent direction is in force and the person does not have decision-making capacity, a mental health professional—
(a)may give the person the treatment, care or support if the direction gives consent for the treatment, care or support; and
(b)may give a particular medication or procedure if the direction indicates that the person consents to the medication or procedure; and
(c)must not give a particular medication or procedure if the direction indicates that the person does not consent to the medication or procedure; and
(d)must not apprehend, detain, restrain or use force to give effect to the direction.
(4)If an advance consent direction is in force in relation to a person but the person resists being given treatment, care or support to which they have consented under the direction, a mental health professional may give the treatment, care or support to the person only if the ACAT, on application by the mental health professional, orders that the treatment, care or support may be given.
(5)If a mental health professional believes on reasonable grounds that giving treatment, care or support to a person with impaired decision‑making capacity in accordance with an advance consent direction is unsafe or inappropriate, the mental health professional may give the person other treatment, care or support only if—
(a)both of the following apply:
(i)the person is willing to receive the treatment, care or support;
(ii)the person has a guardian or health attorney under the Guardianship and Management of Property Act 1991, or attorney under the Powers of Attorney Act 2006, and the guardian, health attorney or attorney gives consent to the treatment, care or support in accordance with the guardian, health attorney or attorney’s appointment; or
(b)the ACAT, on application by the mental health professional, orders that the treatment, care or support may be given.
(6)The mental health professional must enter in the person’s record the reasons for the treatment, care or support given under subsection (5) (a).
Ending advance agreement or advance consent direction
(1)A person who has decision-making capacity may end the person’s advance agreement by—
(a)telling a member of the person’s treating team, orally or in writing, that the person wants to end the agreement; or
(b)entering into another advance agreement.
(2)A person who has decision-making capacity may end the person’s advance consent direction by—
(a)telling a member of the person’s treating team, orally or in writing, that the person wants to end the direction; or
(b)making another advance consent direction.
(3)An advance agreement ended under subsection (1) (a) or an advance consent direction ended under subsection (2) (a) ends on—
(a)the day the person tells the member of the person’s treating team; or
(b)if the person tells the member of the person’s treating team in writing that agreement or direction ends on a later day—the later day.
(4)A member of a person’s treating team who is told about an advance agreement ending under subsection (1) (a) or an advance consent direction ending under subsection (2) (a) must ensure that—
(a)information about the end of the agreement or direction—
(i)is entered in the person’s record as soon as practicable; and
(ii)is given to—
(A)any member of the person’s treating team who does not have access to the person’s record; and
(B)if the person has a nominated person—the nominated person; and
(C)if there is a person who was likely to provide practical help under the agreement and the person consents to that person being given a copy—that person; and
(D)if the person has a carer and the person consents to the carer being given a copy—the carer; and
(E)if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian and the ACAT; and
(F)if the person has an attorney under the Powers of Attorney Act 2006—the attorney; and
(b)the person is told in a way that the person is most likely to understand that the information has been entered in the person’s record; and
(c)the person is given a copy of the information entered in the person’s record.
Approved forms
s 273(prev s 146A) reloc from Mental Health (Treatment and Care) Act 1994 s 146A by A2015-38 amdt 2.53
renum as s 273 R1 LA (see A2015-38 amdt 2.55)
om A2021-12 amdt 3.89
Regulation-making power
s 274(prev s 147) reloc from Mental Health (Treatment and Care) Act 1994 s 147 by A2015-38 amdt 2.53
renum as s 274 R1 LA (see A2015-38 amdt 2.55)
am A2025‑29 amdt 4.127
Repeals and consequential amendments
ch 18 hdgom LA s 89 (4)
Transitional—Mental Health Amendment Act 2023
ch 20 hdgins A2023‑44 s 21
exp 16 November 2025 (s 304)
Meaning of commencement day—ch 20
s 300ins A2023‑44 s 21
exp 16 November 2025 (s 304)
Contravention of mental health order before commencement day
s 301ins A2023‑44 s 21
exp 16 November 2025 (s 304)
Contravention of forensic mental health order before commencement day
s 302ins A2023‑44 s 21
exp 16 November 2025 (s 304)
ACAT order not made before commencement day
s 303ins A2023‑44 s 21
exp 16 November 2025 (s 304)
Expiry—ch 20
s 304ins A2023‑44 s 21
exp 16 November 2025 (s 304)
Transitional
ch 40 hdgexp 1 March 2018 (s 402)
General
pt 40.1 hdgexp 1 March 2018 (s 402)
Definitions—ch 40
s 400exp 1 March 2018 (s 402)
def commencement day exp 1 March 2018 (s 402)
def repealed Act exp 1 March 2018 (s 402)
Transitional regulations
s 401exp 1 March 2018 (s 402)
Expiry—ch 40
s 402exp 1 March 2018 (s 402)
Transitional—rights of people with mental disorder or mental illness
pt 40.2 hdgexp 1 March 2018 (s 402)
Rights in relation to information and communication
s 403exp 1 March 2018 (s 402)
Transitional—mental health orders
pt 40.3 hdgexp 1 March 2018 (s 402)
Applications
div 40.3.1 hdg exp 1 March 2018 (s 402)
Application by person with mental illness or mental dysfunction—unfinished applications
s 404exp 1 March 2018 (s 402)
Application by chief psychiatrist or care coordinator—unfinished applications
s 405exp 1 March 2018 (s 402)
Application by certain other people—unfinished applications
s 406exp 1 March 2018 (s 402)
Application by referring officers—unfinished referrals
s 407exp 1 March 2018 (s 402)
Psychiatric treatment orders
div 40.3.2 hdg exp 1 March 2018 (s 402)
Psychiatric treatment order—in force before commencement day
s 408exp 1 March 2018 (s 402)
Restriction order with psychiatric treatment order—in force before commencement day
s 409exp 1 March 2018 (s 402)
Chief psychiatrist role—determination in force before commencement day
s 410exp 1 March 2018 (s 402)
Action if psychiatric treatment order no longer appropriate—notice given but not considered by ACAT
s 411exp 1 March 2018 (s 402)
Community care orders
div 40.3.3 hdg exp 1 March 2018 (s 402)
Community care order—in force before commencement day
s 412exp 1 March 2018 (s 402)
Restriction order with community care order—in force before commencement day
s 413exp 1 March 2018 (s 402)
Care coordinator role—determination in force before commencement day
s 414exp 1 March 2018 (s 402)
Action if community care order no longer appropriate—notice given but not considered by ACAT
s 415exp 1 March 2018 (s 402)
Other matters
div 40.3.4 hdg exp 1 March 2018 (s 402)
Forensic mental health orders—people required to submit to ACAT jurisdiction before commencement day
s 416exp 1 March 2018 (s 402)
Transitional—emergency detention
pt 40.4 hdgexp 1 March 2018 (s 402)
Apprehension before commencement day
s 417exp 1 March 2018 (s 402)
Authorisation of involuntary detention before commencement day
s 418exp 1 March 2018 (s 402)
Transitional—interstate application of mental health laws
pt 40.5 hdgexp 1 March 2018 (s 402)
Interstate agreements notified before commencement day
s 419exp 1 March 2018 (s 402)
Legislation amended
sch 2om LA s 89 (3)
Dictionary
dictam A2016‑13 amdt 1.96; A2018-52 amdt 1.93; A2020‑43 s 22
def ACAT mental health provision om A2017‑28 amdt 3.28
def affected person register sub A2017‑28 amdt 3.29
def general president om A2016‑28 amdt 1.17
def health director-general ins A2016‑32 s 98
def intensive therapy order ins A2023-45 amdt 1.34
def interim intensive therapy order ins A2023-45 amdt 1.34
def interim therapeutic protection order om A2023-45 amdt 1.35
def president ins A2016‑28 amdt 1.18
def principal official visitor om A2019‑29 amdt 1.24
def psychiatrist am A2016‑32 s 99
def relevant director-general ins A2016‑32 s 100
def restraint ins A2023‑44 s 22
def secure mental health facility ins A2016‑32 s 101
def victims of crime commissioner om A2016‑13 amdt 1.97
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Mar 20161 Mar 2016–
31 Mar 2016not amended new Act, relocation of provisions from the Mental Health (Treatment and Care) Act 1994 and general renumbering R2
1 Apr 20161 Apr 2016–
15 June 2016A2016‑13 amendments by A2016‑13 R3
16 June 201616 June 2016–
20 June 2016A2016‑28 amendments by A2016‑28 R4
21 June 201621 June 2016–
30 Apr 2017A2016‑32 amendments by A2016‑32 R5
1 May 20171 May 2017–
10 Oct 2017A2017-10 amendments by A2016-42 as amended by A2017-10 R6
11 Oct 201711 Oct 2017–
1 Mar 2018A2017‑28 amendments by A2017‑28 R7
2 Mar 20182 Mar 2018–
21 Nov 2018A2017‑28 expiry of transitional provisions (ch 40) R8
22 Nov 201822 Nov 2018–
1 Mar 2019A2018‑42 amendments by A2018‑42 R9
2 Mar 20192 Mar 2019–
2 Oct 2019A2018‑42 expiry of provisions (s 271 (4), (5)) R10
3 Oct 20193 Oct 2019–
30 Nov 2019A2019‑29 amendments by A2019‑29 R11
1 Dec 20191 Dec 2019–
1 Apr 2020A2019‑29 amendments by A2018-52
as amended by A2019-18R12
2 Apr 20202 Apr 2020–
27 Aug 2020A2019‑29 amendments by A2019‑29 R13
28 Aug 202028 Aug 2020–
11 Feb 2021A2020‑43 amendments by A2020‑43 R14
12 Feb 202112 Feb 2021–
25 Feb 2021A2020‑43 amendments by A2020‑43 R15
26 Feb 202126 Feb 2021–
1 Mar 2021A2021-3 amendments by A2021-3 R16
2 Mar 20212 Mar 2021–
22 June 2021A2021-3 expiry of provisions (s 271 (1)-(3)) R17
23 June 202123 June 2021–
15 Nov 2023A2021‑12 amendments by A2021‑12 R18
16 Nov 202316 Nov 2023–
26 Mar 2024A2023‑44 amendments by A2023‑44 R19
27 Mar 202427 Mar 2024–
16 Nov 2025A2023‑45 amendments by A2023‑45 R20
17 Nov 202517 Nov 2025–
25 Nov 2025A2023‑45 expiry of transitional provisions (ch 20)
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
Renumbered provisions
This Act was renumbered under the Legislation Act 2001, in R1 (see A2015-38 sch 2 amdt 2.55). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R7.
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