Mental Health Act 2016

The Mental Health Court must make an order (a treatment support order) for the person if the court considers a treatment support order, but not a forensic order, is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.

In deciding whether a treatment support order, but not a forensic order, is necessary, the court must have regard to the policy that must be made by the chief psychiatrist under section 305(1)(g) in relation to persons subject to treatment support orders.

This section does not apply if the court considers—

the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and

the person does not need treatment and care for any mental illness.