Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 37A

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

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



(1) If the chief psychiatrist considers that the criteria in section 93(1)(a)
of the Sentencing Act 1991 do not apply to a person who is detained in an
approved mental health service as an involuntary patient under a restricted
involuntary treatment order, the chief psychiatrist must discharge the person
from the restricted involuntary treatment order.

(2) If the chief psychiatrist considers that the criteria in section 93(1)(a)
of the Sentencing Act 1991 do not apply to a person who is receiving treatment
from an approved mental health service under a restricted community treatment
order, the chief psychiatrist must discharge the person from the restricted
community treatment order.

(3) In determining whether or not to discharge a person from a restricted
involuntary treatment order or restricted community treatment order, the chief
psychiatrist must have regard primarily to the person's current mental
condition and consider his or her medical, psychiatric and forensic history
and his or her social circumstances.

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