Mental Health Act 2015

The care coordinator is responsible for coordinating the provision of treatment, care or support for a person in relation to whom a forensic community care order is in force.

Within 5 working days after the day the forensic community care order is made, the care coordinator must determine, in writing, the times when and the place where the person is required to attend to receive treatment, care or support, or undertake a counselling, training, therapeutic or rehabilitation program, in accordance with the order.

The care coordinator must not determine treatment, care or support that has, or is likely to have, the effect of subjecting the person to whom it is given to undue stress or deprivation, having regard to the benefit likely to result from the treatment, care or support.

Before making a determination in relation to a person, the care coordinator—

must take all reasonable steps to consult the following:

the person;

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

if the person has a guardian under the Guardianship and Management of Property Act 1991—the guardian;

if the person has an attorney under the Powers of Attorney Act 2006—the attorney;

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

if a health attorney is involved in the treatment, care or support of the person—the health attorney;

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

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) or section 25A—the director‑general responsible for the supervision of the person under the Bail Act 1992;

if the person is a child covered by a bail order that includes a condition that the child accept supervision under the Bail Act 1992, section 26 (2)—the CYP director-general;

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

may consult any other service provider the care coordinator considers relevant; and

must take into account the views of the people consulted under this section.

After making a determination in relation to a person, the care coordinator must record whether the person was consulted and—

if the person was consulted—what the person’s views were; or

if the person was not consulted—the reasons why.

The care coordinator must, as soon as practicable after making a determination, give a copy of the determination to—

the people mentioned in subsection (4) (a); and

the ACAT; and

the public advocate.