Div 2Level 2 community treatment orders

Division 2—Level 2 community treatment orders 16—Level 2 community treatment orders (1) If the Tribunal is satisfied that— (a) a person has a mental illness; and (b) because of the mental illness, the person requires treatment for the person's own protection from harm (whether physical or mental, and including harm involved in the continuation or deterioration of the person's condition) or for the protection of others from harm; and (c) the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and (d) there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, the Tribunal may make an order for the treatment of the person (a level 2 community treatment order). (2) In considering whether there is no less restrictive means than a community treatment order of ensuring appropriate treatment of the person's illness, consideration must be given, amongst other things, to the prospects of the person receiving all treatment of the illness necessary for the protection of the person and others on a voluntary basis. (3) A level 2 community treatment order may be made in respect of a person— (a) on an application to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of the person (whether or not a level 1 community treatment order has been made in respect of the person); or (c) on an application to the Tribunal under Part 5 Division 4 for the revocation of a level 3 inpatient treatment order that applies to the person. (4) An application may be made to the Tribunal for the Tribunal's decision as to whether it should make a community treatment order in respect of a person by— (a) the Public Advocate; or (b) a medical practitioner; or (c) a mental health clinician; or (d) a guardian, medical agent, relative, carer or friend of the person; or (e) any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient. (4a) A level 1 community treatment order applying in relation to a person is taken to be revoked on the making of a level 2 community treatment order in relation to the person. (5) A level 2 community treatment order, unless earlier revoked, expires at a time fixed in the order which must be— (a) in the case of an order relating to a child—2 pm on a business day not later than 6 calendar months after the day on which it is made; or (b) in any other case—2 pm on a business day not later than 12 calendar months after the day on which it is made. (6) A registrar of the Tribunal must, not less than 2 months before the expiry of a level 2 community treatment order that has a period of operation of more than 6 months, send to the applicant (if any) for the order, the Public Advocate and to any other person who it appears to the registrar may have a proper interest in the welfare of the patient a written reminder of the date of expiry of the order. (7) The Tribunal may, on application, by order, vary or revoke a level 2 community treatment order at any time. (8) An application for variation or revocation of a level 2 community treatment order may be made by— (a) the patient; or (b) the Public Advocate; or (c) a medical practitioner; or (d) a mental health clinician; or (e) a guardian, medical agent, relative, carer or friend of the patient; or (f) any other person who satisfies the Tribunal that he or she has a proper interest in the welfare of the patient. 17—Chief Psychiatrist to be notified of level 2 orders or their variation or revocation A registrar of the Tribunal must ensure that the Chief Psychiatrist is notified, within 1 business day, of the making, variation or revocation of a level 2 community treatment order by the Tribunal. 18—Treatment of patients to whom level 2 orders apply (1) Subject to subsection (2), a patient to whom a level 2 community treatment order applies may be given treatment for his or her mental illness of a kind authorised by a psychiatrist or authorised medical practitioner who has examined the patient. (2) Authorisation is not required under subsection (1) for treatment if a medical practitioner considers that— (a) the nature of the patient's mental illness is such that the treatment is urgently needed for the patient's well‑being; and (b) in the circumstances it is not practicable to obtain that authorisation. (3) Treatment may be given under this section despite the absence or refusal of consent to the treatment. (4) This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993. Under Part 6, the treatment and care of a patient to whom a level 2 community treatment order applies is to be governed by a treatment and care plan. 19—Chief Psychiatrist to ensure monitoring of compliance with level 2 orders The Chief Psychiatrist must ensure that for each patient to whom a level 2 community treatment order applies there is a mental health clinician who has ongoing responsibility for monitoring and reporting to the Chief Psychiatrist on the patient's compliance with the order.