103Role of chief psychiatrist—forensic psychiatric treatment

103 Role of chief psychiatrist—forensic psychiatric treatment (1) The chief psychiatrist is responsible for the treatment, care or support of a person in relation to whom a forensic psychiatric treatment order is in force. (2) Within 5 working days after the day the order is made, the chief psychiatrist must determine, in writing— (a) whether the person requires admission to an approved mental health facility to receive treatment, care or support under the order and, if so, whether the person can be given leave from the facility; and (b) for a person living in the community—the times when and the place where the person is required to attend to receive treatment, care or support, in accordance with the order; and (c) the nature of the psychiatric treatment, care or support to be given to the person.

(3) If the chief psychiatrist forms a belief on reasonable grounds that a person subject to a forensic psychiatric treatment order who is living in the community requires admission to an approved mental health facility to receive treatment, care or support under the order, the chief psychiatrist may determine, in writing— (a) the approved mental health facility that the person is to be admitted to; and (b) the nature of the psychiatric treatment to be given to the person; and (c) whether the person can be given leave from the facility. (4) For subsection (2) (b) or (3) (c), the chief psychiatrist must not determine psychiatric treatment, care or support that has, or is likely to have, the effect of subjecting the person to whom it is given to undue stress or deprivation, having regard to the benefit likely to result from the treatment, care or support. (5) The chief psychiatrist must also determine, in writing, the place where the person must live if— (a) the forensic psychiatric treatment order does not state that the person live at a stated place; and (b) the chief psychiatrist considers that the person should live at a place other than the place where the person usually lives. (6) Before making a determination in relation to a person, the chief psychiatrist must— (a) take all reasonable steps to consult the following:

(vii) if the person is a detainee, a person released on parole or (viii) if the person is covered by a bail order that includes a (ix) if the person is a child covered by a bail order that includes (x) if the person is a young detainee or a young offender (b) take into account the views of the people consulted under this section. (7) After making a determination in relation to a person, the chief psychiatrist must record whether the person was consulted and—

(8) The chief psychiatrist must, as soon as practicable after making a (a) the people mentioned in subsection (6) (a); and (b) the ACAT; and (c) the public advocate.