193Supervised treatment order for persons with a disability and NDIS participants

193 Supervised treatment order for persons with a disability and NDIS participants

(1) On an application under section 191, VCAT may—

S. 193(1)(a) amended by Nos 19/2019 s. 102(2)(a), 9/2023 s. 58(1).

(a) if it is satisfied that the matters specified in subsection (1A) and section 191(1)(a) to (c) apply in respect of the person who is the subject of the application, make a supervised treatment order; or

S. 193(1)(b) amended by Nos 19/2019 s. 102(2)(b), 9/2023 s. 58(1).

(b) subject to subsection (2) or (2A), if it is satisfied that the matters specified in subsection (1A) and section 191(1)(a) to (c) apply in respect of the person who is the subject of the application but considers that the treatment plan should be varied, make a supervised treatment order subject to the treatment plan being varied as specified by VCAT; or

S. 193(1)(c) amended by Nos 19/2019 s. 102(2)(c), 9/2023 s. 58(1).

(c) if it is not satisfied that the matters specified in subsection (1A) and section 191(1)(a) to (c) apply in respect of the person who is the subject of the application, dismiss the application.

S. 193(1A) inserted by No. 9/2023 s. 58(2).

(1A) VCAT may only make a supervised treatment order if VCAT is satisfied that—

(a) the person has previously exhibited a pattern of violent or dangerous behaviour causing serious harm to another person or exposing another person to a significant risk of serious harm; and

(b) there is a significant risk of serious harm to another person which cannot be substantially reduced by using less restrictive means; and

(c) the services to be provided to the person in accordance with the treatment plan will be of benefit to the person and substantially reduce the significant risk of serious harm to another person; and

(d) the person is unable or unwilling to consent to voluntarily complying with a treatment plan to substantially reduce the significant risk of serious harm to another person; and

(e) it is necessary to detain the person to ensure compliance with the treatment plan and prevent a significant risk of serious harm to another person.

S. 193(2) amended by No. 19/2019 s. 102(3).

(2) VCAT must not make a supervised treatment order under subsection (1)(b) unless VCAT is satisfied that the disability service provider or registered NDIS provider, as the case requires, can implement the supervised treatment order and the variation of the treatment plan.

S. 193(2A) inserted by No. 19/2019 s. 102(4), substituted by No. 9/2023 s. 58(3).

(2A) On an application under section 191(1) in respect of an NDIS participant who will be subject to the use of restrictive practices by a registered NDIS provider under a treatment plan attached to a supervised treatment order that is to be used as the NDIS participant's NDIS behaviour support plan, VCAT must not specify that the treatment plan of the NDIS participant be varied—