Mental Health Act 2013

This section applies if – a patient is subject to a treatment order; and reasonable steps have been taken to obtain the patient's compliance with the order; and the treating medical practitioner is satisfied on reasonable grounds that – despite those reasonable steps, the patient has failed to comply with the treatment order; and the failure in compliance has seriously harmed, or is likely to seriously harm – the patient's health or safety; or the safety of other persons; and the harm or likely harm cannot be adequately addressed except by way of an alternative treatment or treatment setting (being a treatment or treatment setting that is inconsistent with the treatment order).

If this section applies, the treating medical practitioner may, according to the circumstances – apply to the Tribunal, under Division 2 of Part 3 of Chapter 3, to vary the treatment order; or seek to have the patient admitted to and, if necessary, detained in an approved facility under and in accordance with section 42; or authorise urgent circumstances treatment under section 55 if the treating medical practitioner is an approved medical practitioner; or seek authorisation to give urgent circumstances treatment under section 55 if the treating medical practitioner is not an approved medical practitioner.

However, the treating medical practitioner is not, by any of the processes referred to in subsection (2), to seek to have a patient who is a child admitted to and, if necessary, detained in an approved hospital unless the treating medical practitioner is satisfied that the hospital – has facilities and staff for the treatment and care of the patient; and is, in the circumstances, the most appropriate place available to accommodate the patient.