Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 36C

Power of Board on appeal or review for patients on community treatment orders

36C. Power of Board on appeal or review for patients on community treatment
orders



(1) This section applies on an appeal or review for a patient who is subject
to a community 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
community treatment order.

Note See section 14(5) for the effect of the discharge from a community
treatment order on the patient's involuntary treatment order.

(3) If the Board is satisfied that the criteria in section 8(1) apply to the
patient-the Board may-

   (a)  confirm or vary the community treatment order; or

   (b)  revoke the community treatment order if satisfied on reasonable
        grounds that the treatment required for the patient cannot be obtained
        under the order.

(4) The Board may also revoke a community treatment order if-

   (a)  the Board is satisfied on reasonable grounds that the patient has not
        complied with the order or the patient's treatment plan; and

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

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

(5) If the Board revokes a community treatment order-

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        order has been revoked and that the patient must go to an approved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

   (b)  the patient remains an involuntary patient under his or her
        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.

(6) If the Board varies a community treatment order, the Board must-

   (a)  inform the person that the order has been varied; and

   (b)  give the person written details of the variation; and

   (c)  inform the person of the grounds on which the Board decided to vary
        the order.

(7) If the Board varies a community treatment order, the authorised
psychiatrist must give the person subject to the order a copy of the order as
varied within a reasonable period.