Mental Health Act 2013; ss 12, 32, 34, 37, 38, 40, Sch 1;

The decision has been anonymised for the purpose of publication

1. UQP'O (the patient), is a 39-year-old woman and was brought into hospital by police. Dr OBS, a doctor at the approved hospital where UQP'O was taken asserts she presented with symptoms of paranoia, anxiety, agitation and depressed mood.
2. On 5 September 2025 at 2:38pm, the Tribunal received an application for a treatment order pursuant to s 37(3) of the Mental Health Act 2013 (the Act) for the patient. The application was signed and dated by Dr OBS (the applicant) on 5 September 2025 at 1:30pm. In the application, Dr OBS also requested the making of an interim treatment order (ITO).
3. For the reasons outlined below I was not satisfied that the application made pursuant to s 37(3) was valid, and as a consequence I dismissed the application on 5 September 2025.
4. A request for a statement of reasons was received by the Tribunal from the patient on 11 September 2025. These are the reasons in satisfaction of that request.

1. When determining an application for treatment order the Tribunal must be satisfied the requirements of s 37 appear to have been met:

37. Application for treatment order > > (1) Any approved medical practitioner may apply to the Tribunal for a treatment order in respect of a person. > > (2) The application may be made whether or not the person is subject to an assessment order. > > (3) If the person is subject to an assessment order, the application should only be made if -

(a) the applicant has assessed the person under the authority of the assessment order; and

(b) the applicant is satisfied from the assessment that the person meets the treatment criteria.

(4) If the person is not subject to an assessment order, the application should only be made if -

(a) the person has been assessed by the applicant and one other approved medical practitioner, separately, within the preceding 7 days; and

(b) the applicant and the other approved medical practitioner are both satisfied from their respective assessments that the person meets the treatment criteria.

(5) The application in relation to a person is to be in accordance with section 195 and be accompanied by -

(a) a statement by the applicant affirming that (and explaining how) the person meets the treatment criteria; and

(b) ....

(c) an indication as to whether an interim treatment order is needed; and

(d) if the person is subject to an assessment order, a copy of that order.

(6) The applicant is to -

(a) give a copy of the application to the person (together with a statement of rights in a form approved by the President of the Tribunal); and

(b) place a copy of the application (and accompanying documentation) on the person's clinical record (ensuring that such a clinical record is created if one does not already exist).

1. The Act provides in section 38 that a single Member of the Tribunal may make an interim treatment order if satisfied of certain mandatory criteria. Such an order may be made without conducting a hearing. This is in contrast to the making of a treatment order which must be attended to by a three Member panel of the Tribunal and can only be made once a hearing into the application has been conducted:

38. Interim treatment order > > (1) Despite section 36 , a single member of the Tribunal may make an interim treatment order in respect of a person if, but only if, the member is satisfied that -

(a) an approved medical practitioner has applied for a treatment order in respect of the person; and

(b) the requirements of section 37 appear to have been met in respect of the application; and

(c) the person meets the treatment criteria; and

(d) the Tribunal cannot immediately determine the application; and

(e) the delay that would be involved in awaiting a decision of the Tribunal under section 39 should the interim treatment order not be made would, or is likely to, seriously harm -

(i) the person's health or safety; or

(ii) the safety of other persons.

....

(4) The Tribunal member may make the interim treatment order on the basis of the application alone, without any hearing or further investigation.

(5) Section 41 applies in relation to the making of an interim treatment order.

(6) If an interim treatment order is made, the order is, for all purposes, taken to be a treatment order made by the Tribunal except that sections 43 , 44 and 48 do not apply in relation to the order.

(7) The interim treatment order -

(i) takes effect as soon as it is made; and

(ii) continues in effect, subject to subsection (8) , until the application is determined by the Tribunal.

(8) Any Tribunal member may revoke or amend the interim treatment order at any time.

(9) The interim treatment order lapses after 10 days (calculated from the precise time it is made) if, by then, the Tribunal has not determined the application.

1. The Tribunal must then decide if the patient meets the treatment criteria:

40. Treatment criteria > > The treatment criteria in relation to a person are - > > (a) the person has a mental illness; and > > (b) without treatment, the mental illness will, or is likely to, seriously harm - > > (i) the person's health or safety; or > > (ii) the safety of other persons; and > > (c) the treatment will be appropriate and effective in terms of the outcomes referred to in section 6(1) ; and > > (d) the treatment cannot be adequately given except under a treatment order; and > > (e) the person does not have decision-making capacity.

2. Finally, in exercising the discretion whether to make an ITO, the Tribunal must be alive to the objects of the Act in s 12 and the mental health service delivery principles in Sch 1 of the Act.

1. The application was listed before me on 5 September 2025.
2. Pursuant to s 38 of the Act, as outlined above, a single member of the Tribunal may make an interim treatment order if they are satisfied of the matters set out in s 38(1)(a) to (e) of the Act.
3. The first mandatory criteria that must be satisfied before the Tribunal might exercise the discretion to make an ITO is that an approved medical practitioner (AMP) has applied for a treatment order. I was provided confirmation by the registry that Dr OBS, the applicant, is an AMP and that his status as such is valid until 17 September 2025. This criterion is met.
4. Moving onto s 38(1)(b) of the Act which provides that the requirements of s 37 of the Act must appear to be met. These requirements are that an AMP is the applicant; the patient is the subject of an assessment order; the applicant assessed the patient under the authority of that order and is satisfied that the treatment criteria were met; the application was on an approved form and otherwise met the requirements of section 37(5); and the applicant has advised that a copy of the application has been provided to the patient and placed on the patient's file.

1. The application was made pursuant to s 37(3) of the Act as UQP'O was the subject of an assessment order made by Dr BI on 2 September 2025 at 12:15am and affirmed by Dr TNB on 2 September 2025 at 7:45pm.
2. Once a person is under the authority of an assessment order they become an involuntary patient under the Act.
3. Under s 32(4) an approved medical practitioner may extend the operation of the assessment order (for up to 72 hours) but is to do this simultaneously upon affirming the assessment order. Dr TNB ticked the box to extend the order but has not specified a length of time for the extension of the order. The assessment order has therefore not been extended.
4. Pursuant to s 34(a)(ii) if the assessment order has been affirmed but not extended, it ceases to have effect after 24 hours from taking effect. The assessment order was made and took effect on 2 September 2025 at 12:15am when it was signed and therefore expired on 3 September 2025 at 12:15am.
5. As a result, UQP'O became a voluntary patient on 3 September 2025 at 12:15am.
6. As the application for treatment order for UQP'O was predicated upon the existence of an assessment order, and that order has since expired, it follows that the application is invalid. It was therefore unnecessary for me to make a determination on the remainder of the criteria set out in s 38.

1. The application made pursuant to s 37(3) is invalid, and the application is dismissed.