Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 93

Restricted involuntary treatment orders

93. Restricted involuntary treatment orders



(1) Instead of passing sentence on a person found guilty of an offence (other
than an offence that is a serious offence for the purposes of Subdivision (1A)
of Division 2 of Part 3), a court may make a restricted involuntary treatment
order for the person if-

   (a)  the court is satisfied, by the production of a certificate in the
        prescribed form of a psychiatrist and any other evidence that it may
        require, that-

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

   (ii) the person's mental illness requires treatment and that treatment can
        be obtained by the person being subject to a restricted involuntary
        treatment order; and

   (iii) 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

   (b)  the court has received a report in the prescribed form from the
        authorised psychiatrist of the approved mental health service at which
        the person is proposed to be treated-

   (i)  recommending the making of the order; and

   (ii) stating that there are facilities or services available at that
        service for the treatment of the person.

(2) In determining whether or not to make a restricted involuntary treatment
order for a person, the court must consider the person's current mental
condition, his or her medical, psychiatric and forensic history and his or her
social circumstances.

(3) A restricted involuntary treatment order must specify the duration of the
order, which must not exceed 2 years.

(4) A restricted involuntary treatment order is sufficient authority for the
detention of the person who is subject to the order in an approved mental
health service.

Note 1. Under section 15A of the Mental Health Act 1986, a restricted
community treatment order may be made at any time for a person who is subject
to a restricted involuntary treatment order. 2. A person subject to a
restricted involuntary treatment order or a restricted community treatment
order may be discharged under the Mental Health Act 1986 from the order by the
Mental Health Review Board or the chief psychiatrist.