MENTAL HEALTH ACT 2016 - SECT 445 Inpatient category—orders about treatment in community

MENTAL HEALTH ACT 2016 - SECT 445

445 Inpatient category—orders about treatment in community

(1) This section applies if the tribunal—

(a) confirms the category of the forensic order as inpatient; or

(b) changes the category of the forensic order to inpatient.

(2) The tribunal must do 1 of the following—

(a) order that the person have no limited community treatment;

Note—

An order made under paragraph (a) may not be amended by an authorised doctor. See section 212 (2) .

(b) approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time—

(i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the tribunal; or

(ii) change the category of the order to community, subject to the conditions decided by the tribunal;

(c) order that the person have limited community treatment—

(i) of a stated extent; and

(ii) subject to the conditions decided by the tribunal, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.

(3) The tribunal may make an order under subsection (2) (b) or (c) only if the tribunal is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.

(4) In deciding whether the tribunal is satisfied of the matters mentioned in subsection (3) , the tribunal must have regard to—

(a) the purpose of limited community treatment; and

(b) the fact that—

(i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or

(ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .