Mental Health Court to decide category and community treatment
145 Mental Health Court to decide category and community treatment
If the Mental Health Court decides to make a treatment support order for a person, the court must also decide the category of the order.
However, the court may decide the category of the treatment support order is inpatient only if the court considers 1 or more of the following can not reasonably be met if the category of the order is community—
the person’s treatment and care needs;
the safety and welfare of the person;
the safety of others.
If the court decides the category of the treatment support order is inpatient, the court may approve limited community treatment for the person, to the extent and subject to the conditions decided by the court.
In deciding whether to approve limited community treatment under subsection (3), the court must have regard to the purpose of limited community treatment.
If the court decides the category of the treatment support order is community, or approves limited community treatment for the person under subsection (3), the court must also decide whether an authorised doctor may, under section 216(1), amend the person’s treatment support order to reduce the extent of treatment in the community received by the person.
Notes—
1 On a review of the order, the tribunal may change the nature or extent of the person’s treatment in the community. See sections 475 and 476.
2 For the powers of an authorised doctor in relation to a treatment support order, see section 216.
The treatment support order must state the category of the order.
This Act’s bill:Explanatory memorandumSecond reading speech
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