Mental Health Act 2009

If the Tribunal is satisfied that—

a 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, the

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 2 community treatment order may be made in respect of a person—

on an application to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of the person (whether or not a level 1 community treatment order has been made in respect of the person); or

on an application to the Tribunal under Part

An application may be made to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of a person by—

the

a medical practitioner; or

a mental health clinician; or

a guardian, medical agent, relative, carer or friend of the person; or

any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.

A level 1 community treatment order applying in relation to a person is taken to be revoked on the making of a level 2 community treatment order in relation to the person.

A level 2 community treatment order, unless earlier revoked, expires at a time fixed in the order which must be—

in the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or

in any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made.

A registrar of the Tribunal must, not less than 2 months before the expiry of a level 2 community treatment order that has a period of operation of more than 6 months, send to the applicant (if any) for the order, the Public Advocate and to any other person who it appears to the registrar may have a proper interest in the welfare of the patient a written reminder of the date of expiry of the order.

The

An application for variation or revocation of a level 2 community treatment order may be made by—

the patient; or

the

a medical practitioner; or

a mental health clinician; or

a guardian, medical agent, relative, carer or friend of the patient;

any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient.