MENTAL HEALTH (REVIEW) AMENDMENT ACT 2016 (NO 34 OF 2016) - SECT 12

MENTAL HEALTH (REVIEW) AMENDMENT ACT 2016 (NO 34 OF 2016) - SECT 12

12—Amendment of section 10—Level 1 community treatment orders

        (1)         Section 10—delete "authorised health professional" wherever occurring and substitute in each case:

authorised mental health professional

        (2)         Section 10(1)(b)—delete "including" and substitute:

whether physical or mental, and including

        (3)         Section 10(1)(c)—delete paragraph (c) and substitute:

            (c)         the person has impaired decision-making capacity relating to appropriate treatment of the person's mental illness; and

        (4)         Section 10(3)—delete "Minister" and substitute:

Chief Psychiatrist

        (5)         Section 10(4)—delete "28" and substitute:

42

        (6)         Section 10(5)—delete subsection (5) and substitute:

        (5)         On the making of a level 1 community treatment order, the following provisions apply:

            (a)         the patient must be examined by a psychiatrist or authorised medical practitioner, who must, if the order was made by a psychiatrist or authorised medical practitioner, be a different psychiatrist or authorised medical practitioner from whomever made the order;

            (b)         the examination must occur within 24 hours of the making of the order;

            (c)         if it is not practicable for the examination to occur within that period, it must occur as soon as practicable thereafter;

            (d)         after completion of the examination, the psychiatrist or authorised medical practitioner may confirm the level 1 community treatment order if satisfied that the grounds referred to in subsection (1) exist for the making of a level 1 community treatment order, but otherwise must revoke the order.

        (7)         Section 10(8)—delete "written notice in the form approved by the Minister" and substitute:

notice in the form approved by the Chief Psychiatrist