Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 9

Request and recommendation for involuntary treatment

9. Request and recommendation for involuntary treatment



(1) The documents required to initiate the involuntary treatment of a person
are-

   (a)  a request in the prescribed form and containing the prescribed
        particulars; and

   (b)  a recommendation in the prescribed form by a registered medical
        practitioner following a personal examination of the person.

(2) A request may be signed before or after a recommendation is made.

(3) A registered medical practitioner must not make a recommendation under
subsection (1) unless he or she considers that-

   (a)  the criteria in section 8(1) apply to the person; and

   (b)  an involuntary treatment order should be made for the person.

(4) A request and recommendation have effect for 72 hours following the
examination of the person by the registered medical practitioner who made the
recommendation.

(5) While they have effect, a request and recommendation made in accordance
with this section are sufficient authority for a person referred to in
subsection (6) to-

   (a)  arrange for the assessment of the person to whom the recommendation
        relates by a registered medical practitioner employed by an approved
        mental health service or a mental health practitioner; or

   (b)  take the person to whom the recommendation relates to an appropriate
        approved mental health service.

(6) The persons who may take action under subsection (5) are-

   (a)  the person making the request; or

   (b)  a person authorised by the person making the request; or

   (c)  a prescribed person.