Introduction to Mental Health Law

Contributed by Dr Stephen Tang, Lecturer, ANU College of Law and current to March 2022.

This chapter provides an overview of mental health law in the ACT. Much of the law about mental health revolves around the Mental Health Act 2015 (the Act). Since the Act is a long, complex and highly cross-referenced piece of legislation, this chapter steps through the key actions and decisions that can be made under the Act and how these are practically implemented by ACT Health. Admittedly, this can be a little repetitive and laborious at times, but much depends on the fine details.

Most of what the Act has to say about mental health is in relation to the assessment, treatment, care and support of someone who does not want mental health treatment to occur, or who is legally considered to be less than fully able to participate in these decisions. This chapter will therefore focus on these issues of involuntary mental health care in the ACT as provided by ACT Health, although voluntary treatment is also discussed.

This chapter addresses the following areas:

• Context, Aims and Principles;
• Key Terms and Concepts;
• Making Decisions About Treatment, Care and Support;
• Voluntary Treatment, Care and Support;
• Emergency Apprehension and Detention;
• Mental Health Orders:
  ○ Psychiatric Treatment Orders (PTOs);
  ○ Community Care Orders (CCOs);
  ○ Restriction Orders (ROs);
  ○ Contravention of Mental Health Orders;
  ○ Review and Revocation of Mental Health Orders.
• Further Resources and Contacts