Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 12A

Application to continue detention and treatment of involuntary patient

12A. Application to continue detention and treatment of involuntary patient





(1) This section applies to a person who is detained in an approved mental
health service under an involuntary treatment order that has been confirmed
under section 12AC.

(2) If the authorised psychiatrist for the approved mental health service in
which a person to whom this section applies is detained considers that-

   (a)  the person no longer satisfies the criteria in section 8(1); and

   (b)  the person appears to have a mental disorder; and

   (c)  having regard to the person's recent behaviour, the person, if not
        continued to be detained and treated, would cause serious physical
        harm to himself or herself; and

   (d)  treatment for the mental disorder can be obtained in the approved
        mental health service-

the authorised psychiatrist, despite discharging the person from the order
under section 37(1), may apply in writing to the chief psychiatrist for
approval of the continued detention and treatment of the person for a period
not exceeding 3 months.

(3) Before making an application under this section the authorised
psychiatrist-

   (a)  must consider the relevant characteristics of the person's behaviour,
        including its nature, duration and frequency and its impact on the
        person; and

   (b)  may consult any person, including-

   (i)  any member of the family of the person or his or her primary carer or
        guardian;

   (ii) any registered medical practitioner or other person who is or has been
        involved in the provision of treatment to the person.

(4) On the making of an application under this section the authorised
psychiatrist may authorise the continued detention and treatment of the person
until the application is determined.

(5) The chief psychiatrist must advise the Secretary as soon as practicable of
the making of an application under this section.