Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSection 428W of the Principal Act is amended—
(a) by inserting in paragraph (1) (a) “or mentally ill” after “dysfunctional”;
(b) by inserting after subsection (2) the following subsections:
“(2A) In determining whether to make an order under paragraph (2) (a) or (b), the Magistrates Court shall have regard to—
(a) the nature and seriousness of the mental dysfunction or mental illness;
(b) the period for which the mental dysfunction or mental illness is likely to continue;
(c) the extent to which by reason of the accused's mental dysfunction or mental illness the accused is likely to do serious harm to himself or herself or others;
(d) whether the tribunal could make an order under section 26 or 27 of the Mental Health (Treatment and Care) Act 1994 ;
(e) the seriousness of the alleged offence;
(f) the antecedents of the accused; and
(g) the effectiveness of any order previously made under paragraph (2) (a) or (b), including to the extent to which—
(i) the order assisted the accused to obtain appropriate treatment and care for his or her mental dysfunction or mental illness; and
(ii) access to that treatment and care has enabled the accused to modify his or her behaviour, being behaviour of a kind that has previously resulted in the accused having been charged with an offence.
“(2B) Despite subsection (2), the Magistrates Court may only make an order under that subsection in relation to proceedings with respect to an indictable offence that may be heard and determined summarily with the consent of the Director of Public Prosecutions.”;
(c) by inserting in subsection (6) “or mentally ill” after “dysfunctional”; and
(d) by adding at the end the following subsection:
“(7) If the Magistrates Court makes an order under paragraph (6) (a), the tribunal shall notify the Magistrates Court about each of the matters referred to in paragraphs (2A) (a) to (d), inclusive.”.