Application by the Public Advocate
194 Application by the Public Advocate
If—
S. 194(1)(a) amended by No. 9/2023 s. 59(1).
the Authorised Program Officer for a primary service provider has not made an application under section 191 for a supervised treatment order to be made in respect of a person; and
the Public Advocate considers that the person is being detained to prevent a significant risk of serious harm to another person without a supervised treatment order applying—
the Public Advocate may apply to VCAT for an order directing the Authorised Program Officer to make an application under section 191 in respect of that person.
S. 194(1A) inserted by No. 9/2023 s. 59(2).
The Public Advocate must notify the Senior Practitioner of an application under subsection (1).
S. 194(1B) inserted by No. 9/2023 s. 59(2).
The following persons are parties to a proceeding relating to an application under subsection (1)—
the person in respect of whom the supervised treatment order is proposed to be made;
the Authorised Program Officer for the person's primary service provider.
S. 194(1C) inserted by No. 9/2023 s. 59(2).
On the application of the Senior Practitioner, VCAT must join the Senior Practitioner as a party to a proceeding relating to an application under subsection (1).
If on an application under subsection (1) VCAT considers that the matters referred to in subsection (1)(b) may be satisfied, VCAT may make an order directing that—
the Authorised Program Officer make an application under section 191 within 28 days of the date that the order is made; and
the Public Advocate is to be a party to the application.
S. 194A inserted by No. 9/2023 s. 60.
This Act’s bill:Explanatory memorandumSecond reading speech
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