Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 12D

Chief psychiatrist may make application

12D. Chief psychiatrist may make application



(1) If, in relation to a person to whom section 12A applies-

   (a)  the chief psychiatrist is satisfied as to the matters specified in
        paragraphs (a), (b), (c) and (d) of section 12A(2); and

   (b)  no application under section 12A(2) is made by the authorised
        psychiatrist-

the chief psychiatrist may make an application to the Secretary for approval
of the continued detention and treatment of the person.

(2) If the chief psychiatrist makes an application under subsection (1),
sections 12A (except subsection (5)), 12B, 12C and 32 apply as if a reference
in those sections to the authorised psychiatrist were a reference to the chief
psychiatrist, but, despite section 12B(2), the chief psychiatrist is to be a
member of the committee established under section 12B to determine the
application.

(3) A person is discharged from their involuntary treatment order on the
making of an application by the chief psychiatrist under subsection (1) in
relation to the person, but the person remains an involuntary patient.