Mental Health Act 2016

This section applies to a patient of an authorised mental health service who is subject to any of the following—

a treatment authority;

a forensic order;

a treatment support order.

A person making a decision about the patient’s treatment in the community must make the decision without regard to whether the patient is in custody under another Act.

However, a decision made under this Act about the patient’s treatment in the community is subject to any custodial requirement under the other Act.

Subsection (3) does not apply to a patient who is detained in the authorised mental health service—

as a classified patient under chapter 3; or

under an order mentioned in schedule 3, definition judicial order, paragraph (c).