New South Wales Consolidated Acts
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MENTAL HEALTH ACT 2007 - SECT 53
Determination of applications for community treatment orders
(1) A Magistrate or the Tribunal is, on an application for a
community treatment order, to determine whether the affected person is a
person who should be subject to the order.
(2) For that purpose, the
Magistrate or Tribunal is to consider the following: (a) a treatment plan for
the affected person proposed by the declared mental health facility that is to
implement the proposed order,
(b) if the affected person is subject to an
existing community treatment order, a report by the psychiatric case manager
of the person as to the efficacy of that order,
(c) a report as to the
efficacy of any previous community treatment order for the affected person,
(d) any other information placed before the Magistrate or Tribunal.
(3) The
Magistrate or Tribunal may make a community treatment order for an affected
person if the Magistrate or Tribunal determines that: (a) no other care of a
less restrictive kind, that is consistent with safe and effective care, is
appropriate and reasonably available to the person and that the affected
person would benefit from the order as the least restrictive alternative
consistent with safe and effective care, and
(b) a
declared mental health facility has an appropriate treatment plan for the
affected person and is capable of implementing it, and
(c) if the affected
person has been previously diagnosed as suffering from a mental illness, the
affected person has a
previous history of refusing to accept appropriate treatment.
(3A) If the
affected person has within the last 12 months been the subject of a
community treatment order, the Tribunal is not required to make a
determination under subsection (3) (c) but must be satisfied that the person
is likely to continue in or to relapse into an active phase of mental illness
if the order is not granted.
(4) A Magistrate may not make a
community treatment order unless the Magistrate is of the opinion that the
person is a mentally ill person.
(5) For the purposes of this section, a
person has a
"previous history of refusing to accept appropriate treatment" if the
following are satisfied: (a) the affected person has previously refused to
accept appropriate treatment,
(b) when appropriate treatment has been
refused, there has been a relapse into an active phase of mental illness,
(c)
the relapse has been followed by mental or physical deterioration justifying
involuntary admission to a mental health facility (whether or not there has
been such an admission),
(d) care and treatment following involuntary
admission resulted, or could have resulted, in an amelioration of, or recovery
from, the debilitating symptoms of a mental illness or the short-term
prevention of deterioration in the mental or physical condition of the
affected person.
(6) The Tribunal or Magistrate must not specify a period
longer than 12 months as the period for which a community treatment order is
in force.
(7) In determining the duration of a community treatment order, the
Tribunal or Magistrate must take into account the estimated time required: (a)
to stabilise the condition of the affected person, and
(b) to establish, or
re-establish, a therapeutic relationship between the person and the person’s
psychiatric case manager.
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