sec.20Authorising community treatment

sec.20 Authorising community treatment

A senior practitioner may, for a forensic disability client’s individual development plan, authorise community treatment for the client. However, the senior practitioner may authorise the community treatment only if— the tribunal or Mental Health Court has ordered or approved the community treatment; and the senior practitioner is satisfied, having regard to the matters stated in subsection (3) , there is not an unacceptable risk to the safety of the community, because of the client’s intellectual or cognitive disability, including the risk of serious harm to other persons or property. For subsection (2) , the senior practitioner must have regard to the following matters— for limited community treatment—the fact that the purpose of limited community treatment is to support the client’s rehabilitation by transitioning the client to living in the community with appropriate care and support; the client’s current mental state and intellectual disability; the client’s social circumstances, including, for example, family and social support; the client’s response to care and support including, if relevant, the client’s response to care and support in the community; the client’s willingness to continue to receive appropriate care and support; the nature of the unlawful act that led to the making of the applicable forensic order and the amount of time that has passed since the act occurred. Also, if the senior practitioner authorises the community treatment, the senior practitioner must have regard to the matters mentioned in subsection (3) in deciding the nature and conditions of the community treatment. s 20 amd 2016 No. 5 s 882 (sec.20-ssec.1) A senior practitioner may, for a forensic disability client’s individual development plan, authorise community treatment for the client. (sec.20-ssec.2) However, the senior practitioner may authorise the community treatment only if— the tribunal or Mental Health Court has ordered or approved the community treatment; and the senior practitioner is satisfied, having regard to the matters stated in subsection (3) , there is not an unacceptable risk to the safety of the community, because of the client’s intellectual or cognitive disability, including the risk of serious harm to other persons or property. (sec.20-ssec.3) For subsection (2) , the senior practitioner must have regard to the following matters— for limited community treatment—the fact that the purpose of limited community treatment is to support the client’s rehabilitation by transitioning the client to living in the community with appropriate care and support; the client’s current mental state and intellectual disability; the client’s social circumstances, including, for example, family and social support; the client’s response to care and support including, if relevant, the client’s response to care and support in the community; the client’s willingness to continue to receive appropriate care and support; the nature of the unlawful act that led to the making of the applicable forensic order and the amount of time that has passed since the act occurred. (sec.20-ssec.4) Also, if the senior practitioner authorises the community treatment, the senior practitioner must have regard to the matters mentioned in subsection (3) in deciding the nature and conditions of the community treatment.