Victorian Consolidated Legislation

Disability Act 2006 - SECT 191

Application for a supervised treatment order

191. Application for a supervised treatment order



(1) An Authorised Program Officer may apply to VCAT for a supervised treatment
order to be made in respect of a person-

   (a)  who has an intellectual disability;

   (b)  who is receiving residential services;

   (c)  in respect of whom the disability service provider has prepared a
        treatment plan approved by the Senior Practitioner;

   (d)  who meets the criteria specified in subsection (6).

(2) The Senior Practitioner may direct an Authorised Program Officer to make
an application under subsection (1) in respect of a person if the Senior
Practitioner considers that the person-

   (a)  has an intellectual disability;

   (b)  is receiving residential services;

   (c)  is being detained to prevent a significant risk of serious harm to
        another person without a supervised treatment order applying.

(3) An application under subsection (1) must include a certificate given by
the Senior Practitioner which specifies that the person in respect of whom the
application is made-

   (a)  has an intellectual disability;

   (b)  is receiving residential services;

   (c)  has a treatment plan approved by the Senior Practitioner.

(4) An Authorised Program Officer must notify the Public Advocate that the
Authorised Program Officer has made an application under subsection (1).

(5) On the application of the Public Advocate, VCAT may join the Public
Advocate as a party to a proceeding relating to an application under
subsection (1).

(6) VCAT can only make a supervised treatment order if VCAT is satisfied that-

   (a)  the person has previously exhibited a pattern of violent or dangerous
        behaviour causing serious harm to another person or exposing another
        person to a significant risk of serious harm;

   (b)  there is a significant risk of serious harm to another person which
        cannot be substantially reduced by using less restrictive means;

   (c)  the services to be provided to the person in accordance with the
        treatment plan will be of benefit to the person and substantially
        reduce the significant risk of serious harm to another person;

   (d)  the person is unable or unwilling to consent to voluntarily complying
        with a treatment plan to substantially reduce the significant risk of
        serious harm to another person;

   (e)  it is necessary to detain the person to ensure compliance with the
        treatment plan and prevent a significant risk of serious harm to
        another person.

(7) The treatment plan must include provisions which-

   (a)  specify the treatment that will be provided to the person during the
        period of the supervised treatment order;

   (b)  state the expected benefit to the person of the treatment;

   (c)  specify any restrictive interventions that are to be used;

   (d)  state the level of supervision which will be required to ensure that
        the person participates in the treatment;

   (e)  set out a proposed process for transition of the person to lower
        levels of supervision and, if appropriate, to living in the community
        without a supervised treatment order being required.