Mental Health Act 2013

The Tribunal may renew a treatment order on the application of any approved medical practitioner (the applicant).

An application must be made at least 10 days before the day during which the treatment order is due to expire, and is invalid if it is not.

An application is to be in accordance with section 195 and be accompanied by – a copy of the treatment order; and particulars of any recommended change in treatment; and particulars of any recommended change to the treatment setting; and a statement by the applicant affirming that (and explaining how) the patient continues to meet the treatment criteria and is expected to continue to meet those criteria for the period of renewal.

An applicant for the renewal of a treatment order – is to give a copy of the application to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and is – to give a copy of the application to the treating medical practitioner (if it is someone other than the applicant); and to give a copy of the application to the Chief Psychiatrist; and if the patient is in, or is expected to be in, an approved facility, to give a copy of the application to the controlling authority of that facility; and is to place a copy of the application (and accompanying documentation) on the patient's clinical record.

The Tribunal is to determine an application as soon as practicable after it is made and must do so by way of a hearing.

To avoid doubt, a treatment order may only be renewed if it is still in effect.

A treatment order in respect of a person may only be renewed if the Tribunal is satisfied that – the applicant has complied with subsection (4); and the person meets the treatment criteria.

Under this section, a treatment order may be renewed for – if it has not previously been renewed, a period not exceeding 6 months; or in any other case, a period not exceeding 12 months.

On renewing a treatment order, the Tribunal is to – give notice of the renewal to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and give notice of the renewal to – the applicant; and the treating medical practitioner (if it is someone other than the applicant); and if the patient is in, or is expected to be in, an approved facility, the controlling authority of that facility; and the Chief Psychiatrist.

A notice under subsection (9) is to specify the period of renewal.