MENTAL HEALTH ACT 2016 - SECT 451 Making of treatment authority or no further order

MENTAL HEALTH ACT 2016 - SECT 451

451 Making of treatment authority or no further order

(1) If the tribunal considers that neither a forensic order nor a treatment support order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property, the tribunal may—

(a) make no further order for the person; or

(b) make a treatment authority for the person.

(2) The tribunal may make a treatment authority for the person under subsection (1) (b) only on the recommendation of an authorised psychiatrist who considers, after examining the person, that—

(a) the treatment criteria apply to the person; and

(b) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.

(3) The treatment authority must state the following—

(a) the category of the authority;

(b) the authorised mental health service responsible for the person;

(c) the nature and extent of any limited community treatment the person is to receive;

(d) any conditions the tribunal considers necessary for the person’s treatment and care, other than a condition requiring the person to take a particular medication or a particular dosage of a medication.

(4) The tribunal may decide the category of the treatment authority is inpatient only if the tribunal is satisfied that 1 or more of the following can not reasonably be met if the category of the authority is community—

(a) the person’s treatment and care needs;

(b) the safety and welfare of the person;

(c) the safety of others.

(5) However, if the person is a classified patient, the tribunal must decide the category of the authority is inpatient.

(6) In deciding the nature and extent of any limited community treatment under subsection (3) (c) , the tribunal must have regard to the purpose of limited community treatment.

(7) If the tribunal decides the category of the treatment authority is community, the tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.

(8) The treatment authority is taken to be a treatment authority made under section 49 by the authorised psychiatrist mentioned in subsection (2) .

(9) Despite subsection (8) and section 413 (1) , the tribunal must review the treatment authority—

(a) within 6 months after the authority is made; and

(b) within 6 months after the review under paragraph (a) is completed; and

(c) at intervals of not more than 12 months after the review under paragraph (b) is completed.

(10) Sections 53 and 59 apply to the treatment authority as if a reference in the sections to the authorised doctor were a reference to the authorised psychiatrist mentioned in subsection (2) .

(11) As soon as practicable after the treatment authority is made, the authorised psychiatrist mentioned in subsection (2) must decide the nature and extent of the treatment and care to be provided to the person under the authority.