91Interim authorisation of treatment by Tribunal member

91 Interim authorisation of treatment by Tribunal member

(1)  [Section 91 Subsection (1) amended by No. 18 of 2021, s. 256, Applied:05 Nov 2021] A single member of the Tribunal (the Tribunal member) may authorise treatment for a forensic patient if satisfied that –

(a) the treatment has been recommended and applied for by an approved medical practitioner (the applicant) in accordance with section 195 ; and

(b) the Tribunal cannot immediately determine the application; and

(c) the criteria specified in section 88(1)(b) , (c) , (d) and (e) are satisfied; and

(d) achieving the treatment outcomes would be compromised by waiting for the treatment to be authorised by the Tribunal.

(2)  [Section 91 Subsection (2) amended by No. 18 of 2021, s. 256, Applied:05 Nov 2021] The Tribunal member may authorise the treatment on the basis of the application alone, without any hearing or further investigation.

(3)  [Section 91 Subsection (3) amended by No. 18 of 2021, s. 256, Applied:05 Nov 2021] The treatment may be authorised unconditionally or on such conditions as to time, method, supervision or otherwise as the Tribunal member considers necessary or desirable and specifies in the authorisation.

(4)  [Section 91 Subsection (4) amended by No. 4 of 2023, s. 103, Applied:25 Sep 2023] [Section 91 Subsection (4) amended by No. 18 of 2021, s. 256, Applied:05 Nov 2021] The Tribunal member is to advise the patient, the applicant and the Chief Psychiatrist of the authorisation without delay, and this may be done by any means of communication the Tribunal member considers appropriate in the circumstances.

(5)  However, if the advice of the authorisation is given orally, the Tribunal member is to confirm it in writing by means of a form approved by the President of the Tribunal.