VICIn ForceAct
Disability Act 2006
191AInformation to be included in application for supervised treatment order
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191A Information to be included in application for supervised treatment order
(1) An application under section 191(1) must include—
(a) a certificate given by the Senior Practitioner which specifies that the person in respect of whom the application is made—
(i) has an intellectual disability; and
(ii) is residing in accommodation of a type specified in section 191(1)(b); and
(iii) poses a significant risk of serious harm to another person which cannot be substantially reduced by using less restrictive means than a supervised treatment order; and
(iv) has a treatment plan that has been approved by the Senior Practitioner; and
(b) any risk assessment reviewed by the Senior Practitioner to inform the matters specified in paragraph (a)(iii).
(2) If an application under section 191(1) is made in respect of a person who is residing in accommodation specified in section 191(1)(b)(iii), the application must include a copy of the written approval given by the Senior Practitioner under section 187.
(3) An application under section 191(1) may include any information informing—
(a) the treatment plan of the person in respect of whom the application is made; or
(b) any risk assessment referred to in subsection (1)(b).
(4) VCAT, in a proceeding relating to an application under section 191(1), may order the applicant or the Senior Practitioner—
(a) to produce the information described in subsection (3); and
(b) to arrange additional assessments of the person in respect of whom the application for a supervised treatment order is made (except an assessment as to whether or not the person has an intellectual disability); and
(c) to produce a report of the assessments referred to in paragraph (b).
S. 191B inserted by No. 9/2023 s. 56.