Restriction order

Most people with a mental illness or mental disorder willingly and actively seek help and can make decisions about what kind of treatment, care and support they want.

There may however be times when you become unwell as a result of your mental illness or mental disorder and you don’t have decision-making capacity, or you refuse help, despite there being a risk of harm to yourself or the community.

In these situations, a mental health order may be made and in some situations a restriction order may also be made.

Understanding a restriction order

A restriction order is a type of mental health order that can be added to a psychiatric treatment order or a community care order.

It can:

• tell you where you must live or where you must stay
• state any people you must not see or talk to
• state places you must not go
• outline things you must not do.

When an order is made

An application can be made by the Chief Psychiatrist or care coordinator or their delegate to the ACT Civil and Administrative Tribunal (ACAT).  

ACAT is responsible for making and reviewing applications and can make an order if it is needed to keep you, someone else, or the public safe and treatment, care, and support cannot be given in a way that involves less restriction of your freedom of choice and movement.

Duration

A restriction order can be made for a maximum of 3 months. You can discuss your restriction order with the tribunal, the Public Advocate or your lawyer at any time.