Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 12

Involuntary treatment orders-persons in the community

12. Involuntary treatment orders-persons in the community



(1) This section applies if-

   (a)  a request and recommendation have been made for a person; and

   (b)  a registered medical practitioner employed by an approved mental
        health service or a mental health practitioner has assessed the person
        in accordance with the request and recommendation.

(2) The practitioner must-

   (a)  take the person, or arrange for the person to be taken, to an
        appropriate approved mental health service; or

   (b)  make an involuntary treatment order for the person.



(3) The practitioner must have regard to the criteria in section 8(1) in
deciding what action to take under subsection (2).

(4) An involuntary treatment order under this section must be in the
prescribed form and contain the prescribed particulars.

(5) If the practitioner makes an involuntary treatment order for a person but
does not consider that-

   (a)  the criteria in section 8(1) apply to the person; or

   (b)  an involuntary treatment order should be made for the person-

the practitioner must notify the authorised psychiatrist of the appropriate
approved mental health service as soon as practicable.

(6) At any time after an involuntary treatment order is made for a person
under this section, but before the authorised psychiatrist examines the person
under section 12AC, a registered medical practitioner employed by an approved
mental health service or a mental health practitioner may take the person, or
arrange for the person to be taken, to an appropriate approved mental health
service if the practitioner considers it necessary to do so.

(7) If a person is taken to an approved mental health service under subsection
(6), the involuntary treatment order is sufficient authority for the detention
of the person in the approved mental health service until the authorised
psychiatrist examines him or her under section 12AC.