Mental Health Act 2015

Before treatment, care or support is given to a person under a forensic psychiatric treatment order, the chief psychiatrist must explain to the person the nature and effects (including any side effects) of the treatment, care or support.

The explanation must be given in a way that the person is most likely to understand.

This section applies if—

a forensic psychiatric treatment order is in force in relation to a person; and

the chief psychiatrist forms the opinion that the person is no longer a person in relation to whom the ACAT could make a forensic psychiatric treatment order.

For the criteria for making a forensic psychiatric treatment order, see s 101.

For principles that must be taken into account when exercising a function under this Act, see s 6.

The chief psychiatrist must give written notice to the following (the notified people):

if the person has a carer—the carer;

if the person has a nominated person—the nominated person;

if the person is covered by a bail order that includes a condition that the person accept supervision under the Bail Act 1992, section 25 (4) (e), section 25A or section 26 (2)—the director‑general responsible for the supervision of the person under the Bail Act 1992;

if the person is a detainee, a person on parole or licence, or a person serving a community-based sentence—the corrections director-general;

if the person is a young detainee or a young offender serving a community-based sentence—the CYP director-general;

if the person is a child—each person with parental responsibility for the person under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility).

The notice must—

include the reasons why the chief psychiatrist is satisfied of the matter mentioned in subsection (1) (b); and

ask whether the notified people are aware of any other information that may be relevant to whether the forensic psychiatric treatment order continues to be appropriate for the person; and

state that, subject to consideration of any information given under paragraph (b), the chief psychiatrist must tell the ACAT and public advocate of the matter mentioned in subsection (1) (b) and this will lead to an ACAT review of the forensic psychiatric treatment order; and

tell the carer that the carer is entitled to do either or both of the following:

make a submission to the ACAT review of the forensic psychiatric treatment order;

apply to the ACAT to attend the hearing; and

tell the other notified people that they are entitled to make a submission to the ACAT review of the forensic psychiatric treatment order.

If, having taken into account any information given under subsection (3) (b), the chief psychiatrist is still satisfied of the matter mentioned in subsection (1) (b) the chief psychiatrist must tell the ACAT and the public advocate in writing about—

the chief psychiatrist’s opinion, including the reasons for the opinion; and

the details of any information given under subsection (3) (b).

The ACAT must review the order within 10 days after being notified under this section (see s 126 (3)).