47Failure to comply with treatment order

47 Failure to comply with treatment order

(1)  This section applies if –

(a) a patient is subject to a treatment order; and

(b) reasonable steps have been taken to obtain the patient's compliance with the order; and

(c) the treating medical practitioner is satisfied on reasonable grounds that –

(i) despite those reasonable steps, the patient has failed to comply with the treatment order; and

(ii) the failure in compliance has seriously harmed, or is likely to seriously harm –

(A) the patient's health or safety; or

(B) the safety of other persons; and

(iii) the harm or likely harm cannot be adequately addressed except by way of an alternative treatment or treatment setting (being a treatment or treatment setting that is inconsistent with the treatment order).

(2)  If this section applies, the treating medical practitioner may, according to the circumstances –

(a) apply to the Tribunal, under Division 2 of Part 3 of Chapter 3 , to vary the treatment order; or

(b) [Section 47 Subsection (2) amended by No. 59 of 2016, s. 25, Applied:01 Jul 2017] seek to have the patient admitted to and, if necessary, detained in an approved facility under and in accordance with section 42 ; or

(c) [Section 47 Subsection (2) amended by No. 59 of 2016, s. 25, Applied:01 Jul 2017] authorise urgent circumstances treatment under section 55 if the treating medical practitioner is an approved medical practitioner; or

(d) [Section 47 Subsection (2) amended by No. 59 of 2016, s. 25, Applied:01 Jul 2017] seek authorisation to give urgent circumstances treatment under if the treating medical practitioner is not an approved medical practitioner.