Action if community care order no longer appropriate—no longer person in relation to whom ACAT could make order
72 Action if community care order no longer appropriate—no longer person in relation to whom ACAT could make order
This section applies if—
a community care order is in force in relation to a person; and
the care coordinator forms the opinion that—
the person is no longer a person in relation to whom the ACAT could make a community care order; or
if a restriction order is also in force in relation to the person—it is no longer necessary for the restriction order to be in force.
For the criteria for making a community care order, see s 66. For the criteria for making a restriction order with a community care order, see s 68.
For principles that must be taken into account when exercising a function under this Act, see s 6.
The care coordinator must give written notice to—
if the person has a carer—the carer; and
if the person has a nominated person—the nominated person.
The notice must—
include the reasons why the care coordinator is satisfied of the matter mentioned in subsection (1) (b); and
ask whether the carer or nominated person is aware of any other information that may be relevant to whether the community care order or restriction order continues to be appropriate for the person; and
state that, subject to consideration of any information given under paragraph (b), the care coordinator 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 community care order or restriction 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 community care order or restriction order;
apply to the ACAT to attend the hearing; and
tell the nominated person that the nominated person is entitled to make a submission to the ACAT review of the community care order or restriction order.
If, having taken into account any information given under subsection (3) (b), the care coordinator is still satisfied of the matter mentioned in subsection (1) (b) the care coordinator must tell the ACAT and the public advocate in writing about—
the care coordinator’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 72 hours after being notified under this section (see s 79 (3)).
This Act’s bill:Explanatory statementSecond reading speech
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