Mental Health Act 2016
sec.12Meaning of treatment criteria
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sec.12 Meaning of treatment criteria
The treatment criteria for a person are all of the following— the person has a mental illness; the person does not have capacity to consent to be treated for the illness; because of the person’s illness, the absence of involuntary treatment, or the absence of continued involuntary treatment, is likely to result in— imminent serious harm to the person or others; or the person suffering serious mental or physical deterioration. For subsection (1) (b) , the person’s own consent only is relevant. Subsection (2) applies despite the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 or any other law. (sec.12-ssec.1) The treatment criteria for a person are all of the following— the person has a mental illness; the person does not have capacity to consent to be treated for the illness; because of the person’s illness, the absence of involuntary treatment, or the absence of continued involuntary treatment, is likely to result in— imminent serious harm to the person or others; or the person suffering serious mental or physical deterioration. (sec.12-ssec.2) For subsection (1) (b) , the person’s own consent only is relevant. (sec.12-ssec.3) Subsection (2) applies despite the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 or any other law.
- (a) the person has a mental illness;
- (b) the person does not have capacity to consent to be treated for the illness;
- (c) because of the person’s illness, the absence of involuntary treatment, or the absence of continued involuntary treatment, is likely to result in— (i) imminent serious harm to the person or others; or (ii) the person suffering serious mental or physical deterioration.
- (i) imminent serious harm to the person or others; or
- (ii) the person suffering serious mental or physical deterioration.
- (i) imminent serious harm to the person or others; or
- (ii) the person suffering serious mental or physical deterioration.