Div 4Level 3 inpatient treatment orders

Division 4—Level 3 inpatient treatment orders 29—Level 3 inpatient 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 (ba) the person has impaired decision‑making capacity relating to appropriate treatment of the person's mental illness; and (c) there is no less restrictive means than an inpatient treatment order of ensuring appropriate treatment of the person's illness, the Tribunal may make an order that the person receive treatment as an inpatient in an approved treatment centre (a level 3 inpatient treatment order). (2) In considering whether there is no less restrictive means than an inpatient 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 or in compliance with a community treatment order. (3) A level 3 inpatient treatment order may be made, on application, in respect of a person to whom a level 1, level 2 or level 3 inpatient treatment order applies. (4) An application may be made for the Tribunal to make a level 3 inpatient treatment order in respect of a person by the Public Advocate, the director of an approved treatment centre or an employee in an approved treatment centre authorised by the director of the centre for the purpose. (4a) A level 1 or 2 inpatient treatment order applying in relation to a person is taken to be revoked on the making of a level 3 inpatient treatment order in relation to the person. (5) A level 3 inpatient 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) The Tribunal may, on application, by order, vary or revoke a level 3 inpatient treatment order at any time. (7) An application for variation or revocation of a level 3 inpatient 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. If the Tribunal revokes a level 3 inpatient treatment order, it may, in substitution, make a level 2 community treatment order under Part 4 Division 2. 30—Chief Psychiatrist to be notified of level 3 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 3 inpatient treatment order by the Tribunal. 31—Treatment of patients to whom level 3 orders apply (1) A patient to whom a level 3 inpatient treatment order applies may be given treatment for his or her mental illness, or for any other illness that may be causing or contributing to the mental illness, of a kind authorised by a medical practitioner who has examined the patient. (2) Treatment may be given under this section despite the absence or refusal of consent to the treatment. (3) This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993. (4) If a medical practitioner authorises treatment of a patient to whom a level 3 inpatient treatment order applies that is treatment of a kind prescribed by the regulations, the medical practitioner must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist. Under Part 6, the treatment and care of a patient to whom a level 2 or level 3 inpatient treatment order applies is to be governed by a treatment and care plan.