Mental Health Act 2013

A single member of the Tribunal (the Tribunal member) may authorise treatment for a forensic patient if satisfied that – the treatment has been recommended and applied for by an approved medical practitioner (the applicant) in accordance with section 195; and the Tribunal cannot immediately determine the application; and the criteria specified in section 88(1)(b), (c), (d) and (e) are satisfied; and achieving the treatment outcomes would be compromised by waiting for the treatment to be authorised by the Tribunal.

The Tribunal member may authorise the treatment on the basis of the application alone, without any hearing or further investigation.

The treatment may be authorised unconditionally or on such conditions as to time, method, supervision or otherwise as the Tribunal member considers necessary or desirable and specifies in the authorisation.

The Tribunal member is to advise the patient, the applicant and the Chief Psychiatrist of the authorisation without delay, and this may be done by any means of communication the Tribunal member considers appropriate in the circumstances.

However, if the advice of the authorisation is given orally, the Tribunal member is to confirm it in writing by means of a form approved by the President of the Tribunal.

The Tribunal member or the Tribunal may revoke or vary the authorisation at any time.

The Tribunal member or the Tribunal, as the case may be, is to advise the patient, applicant and Chief Psychiatrist of the revocation or variation of the authorisation without delay, and this may be done by any means of communication the Tribunal member or Tribunal considers appropriate in the circumstances.

However, if the advice of the revocation or variation of the authorisation is given orally, the Tribunal member or the Tribunal, as the case may be, is to confirm it in writing by means of a form approved by the President of the Tribunal.

Subject to subsection (6), the authorisation continues in effect according to its terms until the relevant application is determined by the Tribunal.

However, the authorisation lapses after 14 days (calculated from the precise time it is given) if, by then, the Tribunal has not determined the relevant application.

Once an advice under subsection (4) or (7) has been put in writing, the Tribunal member or the Tribunal, as the case may be, is to – give a copy of the advice to the patient (together with a statement of rights in a form approved by the President of the Tribunal); and give a copy of the advice to – the applicant; and the Chief Psychiatrist. The authorisation of treatment for a forensic patient is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3.