Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 14D

Revocation of community treatment orders

14D. Revocation of community treatment orders



(1) The authorised psychiatrist may revoke a community treatment order if
satisfied on reasonable grounds that-

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

   (b)  the treatment required for the person cannot be obtained under the
        order.





(2) The authorised psychiatrist may also revoke a community treatment order
if-

   (a)  the authorised psychiatrist is satisfied on reasonable grounds that
        the person subject to the order has not complied with the order or the
        person's treatment plan; and

   (b)  reasonable steps have been taken, without success, to obtain
        compliance with the order or plan; and

   (c)  the authorised psychiatrist is satisfied on reasonable grounds that
        there is a significant risk of deterioration in the person's mental or
        physical condition because of the non-compliance.

(3) If the authorised psychiatrist revokes a community treatment order-

   (a)  the authorised psychiatrist must make reasonable efforts to inform the
        person that the order has been revoked and that the person must go to
        an approved mental health service; and

   (b)  the person remains an involuntary patient under the person's
        involuntary treatment order and is taken to be absent without leave
        from an approved mental health service.

Note Section 43 provides for the apprehension of involuntary patients absent
without leave.