Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 36B

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

36B. Power of Board on appeal or review of restricted 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 a restricted involuntary treatment
order.

(2) If the Board considers that the criteria in section 93(1)(a) of the
Sentencing Act 1991 do not apply to the patient, the Board must order that the
patient be discharged from the restricted involuntary treatment order.

(3) If the Board is satisfied that the criteria in section 93(1)(a) of the
Sentencing Act 1991 apply to the patient, the Board must confirm the
restricted involuntary treatment order.

(4) If the Board confirms the restricted involuntary treatment order, the
Board may order the authorised psychiatrist to make a restricted 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 restricted 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) and (3).