Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 36D

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

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



(1) This section applies on an appeal or review for a patient who is subject
to a restricted community 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 community 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 may-

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

   (b)  revoke the restricted 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 restricted 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.

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).

(5) If the Board revokes a restricted 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        order has been revoked and that the patient must go to an approved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 restricted
        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 restricted 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 restricted 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.

(8) On the discharge of a patient from a restricted community treatment order
under subsection (2), the patient is taken to be discharged from his or her
restricted involuntary treatment order and, consequently, he or she ceases to
be an involuntary patient.