Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions
212 Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions
If the patient’s forensic order is a forensic order (mental health) or a forensic order (disability), an authorised doctor may amend the patient’s forensic order under this section in any of the following ways—
to change the category of the order;
to authorise or revoke, or change the nature or extent of, limited community treatment;
to impose a condition on, or change a condition of, the order.
The amendment must not be contrary to a decision of the Mental Health Court or the tribunal.
Example of a decision that would be contrary to a decision of the Mental Health Court or tribunal—
authorising limited community treatment for the person to a greater extent than the Mental Health Court or the tribunal has decided under section 139(1)(c) or 445(2)(c)
The authorised doctor may amend the order to increase the extent of treatment in the community only if satisfied, after having regard to the matters mentioned in subsection (4), that there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.
The matters to which the authorised doctor must have regard are—
the patient’s relevant circumstances; and
for an amendment mentioned in subsection (1)(b)—the purpose of limited community treatment; and
the nature of the relevant unlawful act and the period of time that has passed since the act happened.
The authorised doctor must tell the patient of any proposed amendment of the patient’s forensic order and explain the effect of the amendment to the patient.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.