Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 8

Criteria for involuntary treatment

8. Criteria for involuntary treatment





(1) The criteria for the involuntary treatment of a person under this Act are
that-

   (a)  the person appears to be mentally ill; and

   (b)  the person's mental illness requires immediate treatment and that
        treatment can be obtained by the person being subject to an
        involuntary treatment order; and

   (c)  because of the person's mental illness, involuntary treatment of the
        person is necessary for his or her health or safety (whether to
        prevent a deterioration in the person's physical or mental condition
        or otherwise) or for the protection of members of the public; and

   (d)  the person has refused or is unable to consent to the necessary
        treatment for the mental illness; and

   (e)  the person cannot receive adequate treatment for the mental illness in
        a manner less restrictive of his or her freedom of decision and
        action.

Note In considering whether a person has refused or is unable to consent to
treatment, see section 3A.

(1A) Subject to subsection (2), a person is mentally ill if he or she has a
mental illness, being a medical condition that is characterised by a
significant disturbance of thought, mood, perception or memory.

(2) A person is not to be considered to be mentally ill by reason only of any
one or more of the following-

   (a)  that the person expresses or refuses or fails to express a particular
        political opinion or belief;

   (b)  that the person expresses or refuses or fails to express a particular
        religious opinion or belief;

   (c)  that the person expresses or refuses or fails to express a particular
        philosophy;

   (d)  that the person expresses or refuses or fails to express a particular
        sexual preference or sexual orientation;

   (e)  that the person engages in or refuses or fails to engage in a
        particular political activity;

   (f)  that the person engages in or refuses or fails to engage in a
        particular religious activity;

   (g)  that the person engages in sexual promiscuity;

   (h)  that the person engages in immoral conduct;

        (i)    that the person engages in illegal conduct;

   (j)  that the person is intellectually disabled;

   (k)  that the person takes drugs or alcohol;

   (l)  that the person has an antisocial personality;

   (m)  that the person has a particular economic or social status or is a
        member of a particular cultural or racial group.

(3) Subsection (2)(k) does not prevent the serious temporary or permanent
physiological, biochemical or psychological effects of drug or alcohol taking
from being regarded as an indication that a person is mentally ill.



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