MENTAL HEALTH ACT 2009 - SECT 25
MENTAL HEALTH ACT 2009 - SECT 25
25—Level 2 inpatient treatment orders
(1) If a level 1
inpatient treatment order has been made or confirmed by a psychiatrist or
authorised medical practitioner under Division 2, a psychiatrist or authorised
medical practitioner may, after further examination of the patient carried out
before the order expires, make a further order for the treatment of the
patient as an inpatient in an approved treatment centre (a "level 2
inpatient treatment order ).
(2) A psychiatrist or
authorised medical practitioner may make a level 2 inpatient treatment
order if satisfied that—
(a) the
person has a mental illness; and
(b)
because of the mental illness, the person requires treatment for the person's
own protection from harm (whether physical or mental, and including harm
involved in the continuation or deterioration of the person's condition) or
for the protection of others from harm; and
(ba) the
person has impaired decision-making capacity relating to appropriate treatment
of the person's mental illness; and
(c)
there is no less restrictive means than an inpatient treatment order of
ensuring appropriate treatment of the person's illness.
(3) In considering
whether there is no less restrictive means than an inpatient treatment order
of ensuring appropriate treatment of the person's illness, consideration must
be given, amongst other things, to the prospects of the person receiving all
treatment of the illness necessary for the protection of the person and others
on a voluntary basis or in compliance with a community treatment order.
(4) A psychiatrist or
authorised medical practitioner may form an opinion about a person under
subsection (2) based on his or her own observations and any other
available evidence that he or she considers reliable and relevant (which may
include evidence about matters occurring outside the State).
(5) A level 2
inpatient treatment order must be made in writing in the form approved by the
Chief Psychiatrist.
(6) Subject to
subsection (7), a level 2 inpatient treatment order, unless earlier
revoked, expires at a time fixed in the order which must be 2 pm on a business
day not later than 42 days after the day on which it is made.
(7) A level 2
inpatient treatment order may, once only, be extended by a psychiatrist or
authorised medical practitioner (other than the psychiatrist or authorised
medical practitioner who made the order) who has examined the patient to whom
the order applies and, in that case, the order, unless earlier revoked, will
expire at a time fixed in the extended order (which must be 2 pm on a
business day not later than 42 days from the day on which the order
would, had it not been extended, have expired).
(8) A psychiatrist or
authorised medical practitioner who has examined a patient to whom a
level 2 inpatient treatment order applies may revoke the order at any
time.
Note—
A psychiatrist or authorised medical practitioner who revokes a level 2
inpatient treatment order may, in substitution, make a level 1
community treatment order under Part 4 Division 1.
(9) Revocation of a
level 2 inpatient treatment order must be effected by notice in the form
approved by the Chief Psychiatrist.