Div 5General

Division 5—General 32—Inpatient treatment orders displace community treatment orders If an inpatient treatment order is made in respect of a person to whom a community treatment order applies and the community treatment order is not revoked, the requirements of the community treatment order do not apply for the period of operation of the inpatient treatment order (and if the community treatment order remains in force at the end of that period, the requirements of the order will apply again according to their terms). 33—Duty of director of treatment centre to comply with inpatient treatment orders (1) This section applies when— (a) a person to whom an inpatient treatment order applies is in the care and control of treatment centre staff; or (b) an inpatient treatment order is made in respect of a voluntary inpatient. (2) Subject to section 35, the director of the treatment centre must— (a) if the person is not already admitted to the centre, admit the person to the centre; and (b) comply with the inpatient treatment order. The treatment centre must, in the case of a patient to whom a level 2 or level 3 inpatient treatment order applies, be an approved treatment centre (not a limited treatment centre). 34—Involuntary inpatients not permitted to leave treatment centre or care and control of staff (1) An involuntary inpatient in a treatment centre is not permitted to leave the treatment centre without being in the care and control of treatment centre staff or having been granted a leave of absence. (2) An involuntary inpatient under the care and control of treatment centre staff outside the treatment centre is not permitted to leave that care and control without having been granted a leave of absence. (3) If granted a leave of absence, the involuntary inpatient is required to comply with the conditions of the leave of absence. 34A—Confinement and other powers relating to involuntary inpatients (1) This section applies to a patient to whom an inpatient treatment order applies who is present at, or has been admitted to, a treatment centre. (2) Treatment centre staff may take measures for the confinement of the patient, and exercise powers (including the power to restrain the patient and otherwise use force in relation to the patient), as reasonably required in the circumstances— (a) for carrying the inpatient treatment order applying to the patient into effect and ensuring compliance with this Act; and (b) for the maintenance of order and security at the centre or the prevention of harm or nuisance to others. (3) Subsection (2) has effect subject to Part 2 and the other provisions of this Act and, in the case of staff other than the director, subject to the directions of the director. 35—Transfer of involuntary inpatients (1) If the director of a treatment centre considers it is necessary or appropriate for an involuntary inpatient to be transferred from the centre to another treatment centre, the director may give a direction for the patient to be transferred to the other treatment centre, after first arranging with the director of the other centre for the patient's admission to that centre. The other treatment centre must, in the case of a patient to whom a level 2 or level 3 inpatient treatment order applies, be an approved treatment centre (not a limited treatment centre). (2) The director of a treatment centre may give a direction— (a) for an involuntary inpatient to be transferred to a hospital, or between hospitals, in circumstances where the patient has or has had an illness other than a mental illness, after first arranging with the person in charge of the relevant hospital for the patient's admission to the hospital; and (b) for the patient's transfer back to the treatment centre after completion of the hospital treatment. (3) If an involuntary inpatient has been transferred to a hospital as a result of a direction under this section— (a) the patient is, while in the care and control of staff of the hospital to be taken to continue in the care and control of the treatment centre staff; and (b) staff of the hospital may exercise the powers conferred by section 34 in relation to the patient as if they were treatment centre staff. (4) A direction under this section must be given by writing in the form approved by the Minister. (5) Subject to subsection (6), if the patient has been admitted to the centre, the director must notify a guardian, medical agent, relative, carer or friend of the patient on giving a direction under this section for the transfer of the patient from the centre. (6) The following provisions apply for the purposes of subsection (5): (a) the notification must be given by writing in the form approved by the Chief Psychiatrist; (b) the person to be notified must be— (ii) if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or (iii) if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient whom it is practicable and appropriate to notify; (c) the director is not required to notify a person whose whereabouts are not known to or readily ascertainable by the director; (d) it is not appropriate for the director to notify a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so. 36—Leave of absence of involuntary patients (1) The director of a treatment centre may, by a statement in writing in the form approved by the Chief Psychiatrist, grant an involuntary inpatient leave of absence from the centre for any purpose and period that the director considers appropriate and specifies in the notice. (2) Leave of absence may be granted subject to any conditions that the director considers appropriate and specifies in the notice. (3) The director must ensure that the patient is given a copy of the notice by which the patient is granted leave of absence before the patient commences the leave. 37—Persons granted leave of absence to be given statement of rights (1) The director of a treatment centre who grants an involuntary inpatient leave of absence from the centre must ensure that the patient is given, before the patient commences the leave, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)— (2) If the patient is unable to read or otherwise comprehend the statement of rights, the director must take any steps that are practicable in the circumstances to convey the information contained in the statement to the patient. (3) Subject to subsection (4), the director must cause a copy of the statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable. (a) the person to be sent or given a copy of the statement of rights must be— (ii) if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or (iii) if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient to whom it is practicable and appropriate to send or give a copy of the statement; (b) the director is not required to send or give a copy of the statement to a person whose whereabouts are not known to or readily ascertainable by the director; (c) it is not appropriate for the director to send or give a copy of the statement to a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so. 38—Cancellation of leave of absence (1) The director of a treatment centre may, by notice in the form approved by the Chief Psychiatrist, cancel any leave of absence from the centre granted to a patient under this Division. (2) The director has an absolute discretion to cancel any such leave. (3) The director must cause reasonable steps to be taken for the notice of cancellation to be given to the patient before, or as soon as practicable after, the patient is taken back into the care and control of treatment centre staff.