39Determination of application for treatment order

39 Determination of application for treatment order

(1)  The Tribunal may make a treatment order in respect of a person if, and only if, it is satisfied that –

(a) an approved medical practitioner has applied for a treatment order in respect of the person; and

(b) the requirements of section 37 have been met in respect of the application; and

(c) [Section 39 Subsection (1) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] the person meets the treatment criteria; and

(d) [Section 39 Subsection (1) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] a treatment plan has been prepared for the person; and

(e) [Section 39 Subsection (1) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] the requirements of section 53(2) appear to have been met with respect to the treatment plan.

(2)  A treatment order may include a requirement –

(a) that the treatment setting for a patient be –

(i) an approved facility (other than an SMHU), or a premises or place, specified in the order; or

(ii) a type of approved facility (other than an SMHU), or a type of premises or place, specified in the order; and

(b) [Section 39 Subsection (2) amended by No. 59 of 2016, s. 19, Applied:01 Jul 2017] that, for the purposes of receiving treatment, a patient may be admitted to and, if necessary, detained in –

(i) an approved facility (other than an SMHU) specified in the order; or

(ii) a type of approved facility (other than an SMHU) specified in the order.

(2A)  A treatment order may provide for a combination of treatment settings and for the admission and re-admission of the patient to those settings.