The applicant succeeded: VCAT set aside the Mental Health Tribunal's decision confirming a treatment order and revoked the treatment order, finding that the compulsory treatment criterion in s 143(d) of the Mental Health and Wellbeing Act 2022 (Vic) was not satisfied because less restrictive means were reasonably available. The Tribunal accepted that the applicant's proposed plan — involving regular GP engagement, continued depot injections, oral medication, CMHS appointments, NDIS supports, and the availability of a small local hospital — constituted a less restrictive alternative to a compulsory treatment order. The decision emphasises that the dignity of risk and autonomy principles under the MHWA and the Charter of Human Rights and Responsibilities Act 2006 (Vic) may support revoking a treatment order even where some risk of deterioration remains, provided the risk is manageable and the patient demonstrates genuine motivation and a plausible treatment plan. The outcome was fact-specific, turning on the particular evidence of community supports and the applicant's engagement with treatment.
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