Victorian Consolidated Legislation

Disability Act 2006 - SECT 193

Supervised treatment order

193. Supervised treatment order



(1) On an application under section 191, VCAT may-

   (a)  if it is satisfied that the matters specified in section 191(1) apply
        in respect of the person who is the subject of the application, make a
        supervised treatment order; or





   (b)  subject to subsection (2), if it is satisfied that the matters
        specified in section 191(1) apply in respect of the person who is the
        subject of the application but considers that the treatment plan
        should be varied, make a supervised treatment order subject to the
        treatment plan being varied as specified by VCAT; or

   (c)  if it is not satisfied that the matters specified in section 191(1)
        apply in respect of the person who is the subject of the application,
        dismiss the application.

(2) VCAT must not make a supervised treatment order under subsection (1)(b)
unless VCAT is satisfied that the disability service provider can implement
the supervised treatment order and the variation of the treatment plan.

(3) A supervised treatment order must-

   (a)  state that the Authorised Program Officer is responsible for the
        implementation of the supervised treatment order;

   (b)  require the person to whom the supervised treatment order applies to
        reside in premises approved by the Authorised Program Officer;

   (c)  refer to the treatment plan which must be attached to the supervised
        treatment order;

   (d)  specify the period for which the supervised treatment order is to
        continue in force, being a period not exceeding 1 year.







(4) A supervised treatment order may-

   (a)  specify conditions to which the person is subject;

   (b)  require the person to participate in treatment specified in the
        treatment plan or in treatment specified in the supervised treatment
        order;

   (c)  state the intervals at which the supervised treatment order is to be
        reviewed.

(5) Subsection (3)(d) does not prevent the making of another supervised
treatment order before the expiry of the current supervised treatment order.

(6) There is no limit on the number of applications that can be made for a
supervised treatment order.