Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 36

Power of Board on appeal or review of involuntary treatment orders-patients who are detained

36. Power of Board on appeal or review of involuntary treatment
orders-patients who are detained



(1) This section applies on an appeal or review for a patient who is detained
in an approved mental health service under an involuntary treatment order.

(2) If the Board considers that the criteria in section 8(1) do not apply to
the patient, the Board must order that the patient be discharged from the
involuntary treatment order.

(3) If the Board is satisfied that the criteria in section 8(1) apply to the
patient, the Board must confirm the involuntary treatment order.

(4) If the Board confirms the involuntary treatment order, the Board may order
the authorised psychiatrist to make a community treatment order for the
patient within a reasonable period specified by the Board, if the Board
considers that the treatment required for the person can be obtained through
the making of a community treatment order.

(5) The authorised psychiatrist may apply to the Board, at any time during the
period specified under subsection (4), for the Board to reconsider an order
made under that subsection.

(6) Sections 31 to 35 and this section apply to an application under
subsection (5) as if it were a review.

Note The Board must take various factors into consideration in deciding what
to do on the appeal or review, including the patient's social
circumstances-see section 22(2).