Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 15D

Revocation of restricted community treatment orders

15D. Revocation of restricted community treatment orders





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

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

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

(1A) The authorised psychiatrist or the chief psychiatrist may also revoke a
restricted community treatment order if-

   (a)  the authorised psychiatrist or the chief psychiatrist (as the case
        requires) 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 or the chief psychiatrist (as the case
        requires) 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.

(2) If the authorised psychiatrist or the chief psychiatrist revokes a
restricted community treatment order-

   (a)  the authorised psychiatrist or the chief psychiatrist (as the case
        requires) 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        order has been revoked and that the person must go to an approved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
        restricted involuntary treatment order who 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.