Mental Health Act 2013

The following provisions govern the review of a treatment order:the Tribunal must review the order within 60 days after it is made if it is still in effect; the Tribunal must further review the order within 180 days after it is made if it is still in effect; after the further review referred to in paragraph (b), the Tribunal must further review the order at intervals not exceeding 180 days for so long as it remains in effect; the Tribunal must review the order within 3 days after being notified of the patient's admission to an approved hospital pursuant to section 42(3) if the admission is pursuant to section 42(2)(b); the Tribunal may review the order at any other time – on its own motion; or on the application of any person with the necessary standing; a review need not involve a hearing, but is to be conducted – in the case of a review referred to in paragraph (d) and in respect of which section 47A applies in relation to the patient, by a division – of one member; or of 3 or more members; or in any other case, by a division of 3 members.on review, the Tribunal may affirm, vary or discharge the order.

The Tribunal may vary a treatment order at any time – on its own motion; or on the application of any approved medical practitioner; or on the application of any person with the necessary standing.

The Tribunal may vary a treatment order whether or not it has conducted a review under this section.

Within 24 hours of varying a treatment order, the Tribunal is to – give a copy of its determination to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and give a copy of its determination to – if the order has required or will require the patient's admission to an approved hospital, the controlling authority of that approved hospital; and if the patient is also a forensic patient, the controlling authority of the relevant SMHU; and the Chief Psychiatrist.

The Tribunal is not to vary a treatment order so as to require a patient who is a child to be admitted to and, if necessary, detained in an approved hospital unless it is satisfied that the approved hospital – has adequate facilities and staff for the appropriate treatment and care of the patient; and is, in the circumstances, the most appropriate place available to detain the patient.