Mental Health Act 2013
41Form and content of treatment order
Start here
Get a plain-English read of 41
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2013.
41 Form and content of treatment order
(1) To be valid, a treatment order must –
(a) [Section 41 Subsection (1) amended by No. 59 of 2016, s. 20, Applied:01 Jul 2017] be in a form approved by the President of the Tribunal; and
(b) be correctly completed.
(2) A treatment order is taken to be correctly completed if it –
(a) identifies the approved medical practitioner who applied for it; and
(b) identifies the person who is subject to the order; and
(c) specifies the treatment, or types of treatment, authorised under the order; and
(d) [Section 41 Subsection (2) amended by No. 59 of 2016, s. 20, Applied:01 Jul 2017] specifies a treatment setting; and
(da) [Section 41 Subsection (2) amended by No. 59 of 2016, s. 20, Applied:01 Jul 2017] specifies if the order authorises the patient's admission to and, if necessary, detention in an approved hospital; and
(e) specifies (by date and time) when it was made; and
(f) specifies the maximum period it is expected to remain in effect (if not sooner discharged); and
(g) specifies or provides for any matters required by the regulations.
(3) [Section 41 Subsection (3) omitted by No. 59 of 2016, s. 20, Applied:01 Jul 2017] . . . . . . . .
(4) If an assessment order in respect of a person is, under section 34(d) , discharged by the making of a treatment order or an interim treatment order, the Tribunal may specify in the treatment order that the assessment order has been so discharged.
(5) A treatment order may, without compromising its validity, specify or provide for any other matters, incidental to the treatment of the person in respect of whom the order is made, that the Tribunal considers necessary or desirable in the circumstances.