Mental Health Act 2016

On a review under section 56 of a treatment authority, the authorised psychiatrist may decide to confirm the treatment authority only if satisfied—

the treatment criteria apply to the person; and

there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.

If the authorised psychiatrist decides to confirm the treatment authority, the authorised psychiatrist must—

decide whether to amend the treatment authority in any of the following ways—

to change the category of the authority;

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 authority; and

decide the nature and extent of the treatment and care to be provided to the person under the treatment authority.

In deciding—

whether to change the category of the authority, section 51 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and

whether to authorise or revoke, or change the nature or extent of, limited community treatment, section 52 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and

the nature and extent of the treatment and care to be provided to the person, section 53 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist.

If, after reviewing the treatment authority, the authorised psychiatrist is not satisfied of the matters mentioned in subsection (1), the authorised psychiatrist must decide to revoke the treatment authority.

The authorised psychiatrist must make a note on the treatment authority of the decision on the review.

If a treatment authority made by an authorised doctor who is not an authorised psychiatrist is not confirmed under subsection (1) or revoked under subsection (4) within the review period for the treatment authority, the treatment authority is revoked at the end of the review period.

However, subsection (6) does not apply if the person does not attend for the review as directed under section 56(4).