42Effect of treatment order

42 Effect of treatment order

[Section 42 Substituted by No. 59 of 2016, s. 21, Applied:01 Jul 2017]

(1)  A treatment order is authority for the patient to be given, without informed consent, the treatment, or type of treatment, specified in the order.

(2)  A treatment order is authority –

(a) for the patient to be admitted to and, if necessary, detained in an approved facility, or type of approved facility, for the purposes of receiving treatment, if the terms of the order so specify; or

(b) in any case, if section 47 or section 47A applies in relation to the patient, authority for the patient to be admitted to and, if necessary, detained in an approved facility (other than an SMHU) –

until whichever of the following first occurs:

(c) the order is varied so as to provide for a different treatment setting;

(d) if the detention is authorised under the order, the order ceases to have effect under this Act.

(3)  [Section 42 Subsection (3) amended by No. 4 of 2023, s. 64, Applied:25 Sep 2023] If a patient is admitted to an approved facility under this section, the controlling authority of the approved facility is to notify the Tribunal and the Chief Psychiatrist of the patient's admission.

(4)  A treatment order in respect of a person is authority for any MHO or police officer to take the patient under escort to ensure that he or she presents for treatment under the order.

(5)  [Section 42 Subsection (5) amended by No. 4 of 2023, s. 64, Applied:25 Sep 2023] For the purposes of subsection (2) , the Tribunal, any member of the Tribunal, the Registrar, the Chief Psychiatrist or any medical practitioner may request that the patient be taken under escort (in which case the maker of the request is to give the escort a copy of the treatment order).

(6)  If a patient is taken under escort in accordance with this section, the custody and escort provisions apply, and continue to apply for so long as the patient is subject to the treatment order.