37Application for treatment order

37 Application for treatment order

(1)  Any approved medical practitioner may apply to the Tribunal for a treatment order in respect of a person.

(2)  The application may be made whether or not the person is subject to an assessment order.

(3)  If the person is subject to an assessment order, the application should only be made if –

(a) the applicant has assessed the person under the authority of the assessment order; and

(b) the applicant is satisfied from the assessment that the person meets the treatment criteria.

Note

The treatment criteria are set out in section 40 .

(4)  If the person is not subject to an assessment order, the application should only be made if –

(a) the person has been assessed by the applicant and one other approved medical practitioner, separately, within the preceding 7 days; and

(b) the applicant and the other approved medical practitioner are both satisfied from their respective assessments that the person meets the treatment criteria.

(5)  The application in relation to a person is to be in accordance with section 195 and be accompanied by –

(a) a statement by the applicant affirming that (and explaining how) the person meets the treatment criteria; and

(b) [Section 37 Subsection (5) amended by No. 59 of 2016, s. 17, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) an indication as to whether an interim treatment order is needed; and

(d) if the person is subject to an assessment order, a copy of that order.

(6)  The applicant is to –

(a) [Section 37 Subsection (6) amended by No. 59 of 2016, s. 17, Applied:01 Jul 2017] give a copy of the application to the person (together with a statement of rights in a form approved by the President of the Tribunal); and