Disability Act 2006

An Authorised Program Officer for a primary service provider may apply to the Senior Practitioner for an assessment order to be made in respect of a person to enable a treatment plan to be prepared for that person.

An Authorised Program Officer may only make an application under subsection (1) in respect of a person if the Authorised Program Officer considers that—

the person has an intellectual disability;

the person is residing in accommodation of a type specified in section 191(1)(b);

it is necessary to detain the person to prevent a significant and imminent risk of serious harm to another person;

an assessment needs to be undertaken to enable the urgent development of a treatment plan for the purpose of making an application for a supervised treatment order.

The Senior Practitioner can only make an assessment order if the Senior Practitioner is satisfied that the criteria specified in subsection (2) applies.

An assessment order—

may specify conditions to which the person is subject;

continues in force for the period not exceeding 28 days specified in the assessment order;

can not be extended or renewed.

The Senior Practitioner must within 72 hours of making an assessment order—

give the person in respect of whom the order is made a written statement explaining why the Senior Practitioner is satisfied that the criteria in subsection (2) apply; and

notify the person in respect of whom the order is made that the person may apply to VCAT for a review of the decision to make the order; and

notify the Public Advocate that the assessment order has been made.

On the expiry of an assessment order, the Authorised Program Officer must—

make an application to VCAT for a supervised treatment order; or

cease the detention of the person who was subject to the assessment order.

Only one application can be made under this section in respect of any person.