Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 12AA

Involuntary treatment orders-persons in approved mental health services

12AA. Involuntary treatment orders-persons in approved mental health services



(1) This section applies if-

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

   (b)  the person has been taken to, or is in, an approved mental health
        service.

(2) A registered medical practitioner employed by the approved mental health
service or a mental health practitioner must make an involuntary treatment
order for the person.

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

(4) An involuntary treatment order made for a person in accordance with this
section is sufficient authority for the detention of the person in an approved
mental health service.

(5) A registered medical practitioner employed by the approved mental health
service or a mental health practitioner may release a person from detention
under subsection (4) to await the examination by the authorised psychiatrist
under section 12AC if the practitioner has-

   (a)  had regard to the criteria in section 8(1); and

   (b)  consulted with the authorised psychiatrist.

(6) 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.

(7) At any time after an involuntary treatment order is made for a person
under this section for a person who is not detained in an approved mental
health service, 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.

(8) If a person is taken to an approved mental health service under subsection
(7), 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.