Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 14

Community treatment orders

14. Community treatment orders



(1) At any time, an authorised psychiatrist may make a community treatment
order for a person who is subject to an involuntary treatment order if the
authorised psychiatrist is satisfied that-

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

   (b)  the treatment required for the person can be obtained through the
        making of a community treatment order.



(2) A community treatment order is an order requiring the person to obtain
treatment for their mental illness while not detained in an approved mental
health service.

(3) A community treatment order-

   (a)  must specify the duration of the order, which must not exceed 12
        months; and

   (b)  may specify where the person must live, if this is necessary for the
        treatment of the person's mental illness.

(4) If an authorised psychiatrist makes a community treatment order for a
person, the authorised psychiatrist must-

   (a)  inform the person that the order has been made; and

   (b)  give the person a copy of the order; and

   (c)  inform the person of the grounds on which the authorised psychiatrist
        decided to make the order.

(5) On the expiry (other than by revocation) of a community treatment order,
or a person's discharge from a community treatment order, the person's
involuntary treatment order is taken to expire and, consequently, the person
ceases to be an involuntary patient.

Note A community treatment order can be extended under section 14B before its
expiry.





(6) Despite subsection (5), the person does not cease to be an involuntary
patient if a restricted involuntary treatment order or hospital transfer order
is made for the person.

Note Section 14E(4) provides that a person is discharged from his or her
involuntary treatment order on the making of a restricted involuntary
treatment order, hospital transfer order, hospital security order or
restricted hospital transfer order. However, if a restricted involuntary
treatment order or hospital transfer order is made, the person remains an
involuntary patient. If a hospital security order or restricted hospital
transfer order is made, the person becomes a security patient.