Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 15A

Restricted community treatment orders

15A. Restricted community treatment orders



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

   (a)  the criteria in section 93(1)(a) of the Sentencing Act 1991 apply to
        the person; and





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

Note The criteria in section 93(1)(a) of the Sentencing Act 1991 are-
· the person appears to be mentally ill; and
· the person's mental illness requires treatment and that treatment can be
obtained by the person being subject to a restricted involuntary treatment
order; and
· because of the person's mental illness, involuntary treatment of the person
is necessary for his or her health or safety (whether to prevent a
deterioration in the person's physical or mental condition or otherwise) or
for the protection of members of the public.

(2) A restricted 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 restricted community treatment order for a person remains in force until
the first of the following occurs-

   (a)  the order is revoked; or

   (b)  the person is discharged from the order; or

   (c)  the person is discharged from their restricted involuntary treatment
        order; or

   (d)  the person's restricted involuntary treatment order expires.

Note See sections 36D(8) and 37A(4) for the effect of the discharge from a
restricted community treatment order on the person's restricted involuntary
treatment order.

(4) A restricted community treatment order must specify any conditions that
the authorised psychiatrist or chief psychiatrist making the order considers
appropriate.

(5) The authorised psychiatrist or chief psychiatrist who makes a restricted
community treatment order for a person 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 for making the order.

(6) If a restricted community treatment order is made by an authorised
psychiatrist, he or she must notify the chief psychiatrist in writing as soon
as practicable.