101Forensic psychiatric treatment order

101 Forensic psychiatric treatment order (a) a detainee or a person serving a community-based sentence assessed under an assessment order; or (b) a person referred to the ACAT for a forensic mental health order under division 7.1.2; or (c) a person required by a court to submit to the jurisdiction of the (2) The ACAT may make a forensic psychiatric treatment order in relation to the person if— (b) the ACAT believes on reasonable grounds that, because of the mental illness, the person— mental illness, the person has seriously endangered, is seriously endangering, or is likely to seriously endanger, public safety; and (d) the ACAT is satisfied that psychiatric treatment, care or support is likely to— (i) reduce the harm, deterioration or endangerment, or the likelihood of harm, deterioration or endangerment, mentioned in paragraph (b) or (c); or

(ii) result in an improvement in the person’s psychiatric condition; and (e) the ACAT is satisfied that, in the circumstances, a mental health order should not be made; and Note For the making of a mental health order see ch 5. (f) the ACAT is satisfied that the treatment, care or support to be provided under the forensic psychiatric treatment order cannot be adequately provided in another way that would involve less (3) In making a forensic psychiatric treatment order in relation to a person, the ACAT is not required to take into account the person’s decision-making capacity.