Mental Health Act 2009

A medical practitioner or authorised mental health professional may make an order for the treatment of a person (a level

the person has a mental illness; and

because of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and

the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and

there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness.

In considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis.

A level 1 community treatment order must be made in writing in the form approved by the Chief Psychiatrist.

A level 1 community treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 42 days after the day on which it is made.

On the making of a level 1 community treatment order, the following provisions apply:

the patient must be examined by a psychiatrist or authorised medical practitioner, who must, if the order was made by a psychiatrist or authorised medical practitioner, be a different psychiatrist or authorised medical practitioner from whomever made the order;

the examination must occur within 24 hours of the making of the order;

if it is not practicable for the examination to occur within that period, it must occur as soon as practicable thereafter;

after completion of the examination, the psychiatrist or authorised medical practitioner may confirm the level 1 community treatment order if satisfied that the grounds referred to in subsection (1) exist for the making of a level 1 community treatment order, but otherwise must revoke the order.

A medical practitioner or authorised mental health professional may form an opinion about a person under subsection (1) or (5) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State).

A psychiatrist or authorised medical practitioner who has examined a patient to whom a level 1 community treatment order applies may vary or revoke the order at any time.

Confirmation, variation or revocation of a level 1 community treatment order must be effected by notice in the form approved by the Chief