Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 37

Discharge of involuntary patients-involuntary treatment orders and community treatment orders

37. Discharge of involuntary patients-involuntary treatment orders and
community treatment orders



(1) If the authorised psychiatrist considers that the criteria in section 8(1)
do not apply to a person who is detained in the approved mental health service
as an involuntary patient under an involuntary treatment order, the authorised
psychiatrist must discharge the person from the involuntary treatment order.

(2) If the authorised psychiatrist considers that the criteria in section 8(1)
do not apply to a person who is receiving treatment from the approved mental
health service under a community treatment order, the authorised psychiatrist
must discharge the person from the community treatment order.

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





(3) For the avoidance of doubt, a person who is discharged from an involuntary
treatment order under subsection (1) remains an involuntary patient if the
authorised psychiatrist makes an application under section 12A for approval of
the continued detention and treatment of the person.