Part 5Orders for treatment as inpatient of persons with mental illness

Part 5—Orders for treatment as inpatient of persons with mental illness Division 1—Non‑compliance with community treatment orders and making of inpatient treatment orders 20—Non-compliance with community treatment orders and making of inpatient treatment orders (1) A person's refusal or failure to comply with a community treatment order is a relevant consideration in deciding whether an inpatient treatment order should be made in respect of the person under this Part. (2) However, nothing in this Act prevents the making of an inpatient treatment order under this Part in respect of a person without a prior community treatment order having been made in respect of the person if an inpatient treatment order is required in the particular circumstances. Division 2—Level 1 inpatient treatment orders 21—Level 1 inpatient treatment orders (1) A medical practitioner or authorised mental health professional may make an order that a person receive treatment as an inpatient in a treatment centre (a level 1 inpatient treatment order) if it appears to the medical practitioner or authorised mental health professional, after examining the person, that— (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. (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 1 inpatient treatment order must be made in writing in the form approved by the Chief Psychiatrist. (4) A level 1 inpatient treatment order, unless earlier revoked, expires at a time fixed in the order which must be 2 pm on a business day not later than 7 days after the day on which it is made. (5) On the making of a level 1 inpatient treatment order, the following provisions apply: (a) the patient must be examined by a psychiatrist or authorised medical practitioner, who must, if the order was made by a psychiatrist or authorised medical practitioner, be a different psychiatrist or authorised medical practitioner; (b) the examination must occur within 24 hours of the making of the order; (c) if it is not practicable for the examination to occur within that period, it must occur as soon as practicable thereafter; (d) after completion of the examination, the psychiatrist or authorised medical practitioner may confirm the level 1 inpatient treatment order if satisfied that the grounds referred to in subsection (1) exist for the making of a level 1 inpatient treatment order, but otherwise must revoke the order. (6) A medical practitioner or authorised mental health professional may form an opinion about a person under subsection (1) or (5) based on his or her own observations and any other available evidence that he or she considers reliable and relevant (which may include evidence about matters occurring outside the State). (7) A psychiatrist or authorised medical practitioner who has examined a patient to whom a level 1 inpatient treatment order applies may revoke the order at any time. A psychiatrist or authorised medical practitioner who revokes a level 1 inpatient treatment order may, in substitution, make a level 1 community treatment order under Part 4 Division 1. (8) Confirmation or revocation of a level 1 inpatient treatment order must be effected by notice in the form approved by the Chief Psychiatrist. 22—Chief Psychiatrist to be notified of level 1 orders or their revocation (1) A psychiatrist or authorised medical practitioner making, confirming or revoking a level 1 inpatient treatment order must ensure that the Chief Psychiatrist is sent or given, within 1 business day, a notice in the form approved by the Chief Psychiatrist. (2) If the order is made within 7 days after the expiry or revocation of a previous inpatient treatment order applying to the same person, the Chief Psychiatrist must ensure that the Tribunal is given a copy of the notice referred to in subsection (1) within 1 business day of the making of the order. (3) The Chief Psychiatrist must, within 1 business day, by written notice sent or given to the psychiatrist or authorised medical practitioner, acknowledge receipt by the Chief Psychiatrist of a notice under subsection (1). 23—Copies of level 1 orders, notices and statements of rights to be given to patients etc (1) A medical practitioner or authorised mental health professional making a level 1 inpatient treatment order must ensure that the patient is given, as soon as practicable, a copy of the order. (2) A medical practitioner or authorised mental health professional making a level 1 inpatient treatment order must ensure that the patient is given, as soon as practicable, a statement in writing in the form approved by the Chief Psychiatrist (a statement of rights)— (3) If a patient is unable to read or otherwise comprehend the statement of rights, the medical practitioner or authorised mental health professional must ensure that any steps that are practicable in the circumstances are taken to convey the information contained in the statement to the patient. (4) Subject to subsection (6), the director of a treatment centre in which a patient is first admitted as an inpatient under a level 1 inpatient treatment order must cause a copy of the order and statement of rights to be sent or given to a guardian, medical agent, relative, carer or friend of the patient as soon as practicable. (5) If a level 1 inpatient treatment order is revoked, the director of the treatment centre in which the patient is admitted as an inpatient must— (a) ensure that the patient is given, as soon as practicable, a copy of the notice of revocation of the order; and (b) subject to subsection (6), cause a copy of the notice of revocation 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 order and statement of rights, or notice of revocation, 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 the copy of the order and statement, or notice of revocation; (b) the director is not required to send or give a copy of the order and statement, or notice of revocation, 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 order and statement, or notice of revocation, 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. 24—Treatment of patients to whom level 1 orders apply (1) A patient to whom a level 1 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) The treatment may be given despite the absence or refusal of consent to the treatment. (3) Nothing prevents the treatment of a patient to whom a level 1 inpatient treatment order applies before confirmation of the order under this Part. (4) This section does not apply to prescribed psychiatric treatment, or to prescribed treatment within the meaning of the Guardianship and Administration Act 1993. (5) If a medical practitioner authorises treatment of a patient to whom a level 1 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.