Mental Health Act 2016
sec.18Treatment authorities
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sec.18 Treatment authorities
A treatment authority is a lawful authority to provide treatment and care to a person who has a mental illness who does not have capacity to consent to be treated. A treatment authority may be made for a person if an authorised doctor considers the treatment criteria apply to the person and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, under an advance health directive. Key elements of the treatment criteria are that the person does not have capacity to consent to be treated and there is a risk of imminent serious harm to the person or others. The category of a treatment authority is— community, if the person’s treatment and care needs can be met in the community; or inpatient, if the person’s treatment and care needs can be met only by being an inpatient. If the category of a person’s treatment authority is inpatient, the person may receive limited community treatment, for a period of not more than 7 consecutive days, if authorised under this Act. (sec.18-ssec.1) A treatment authority is a lawful authority to provide treatment and care to a person who has a mental illness who does not have capacity to consent to be treated. (sec.18-ssec.2) A treatment authority may be made for a person if an authorised doctor considers the treatment criteria apply to the person and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, under an advance health directive. (sec.18-ssec.3) Key elements of the treatment criteria are that the person does not have capacity to consent to be treated and there is a risk of imminent serious harm to the person or others. (sec.18-ssec.4) The category of a treatment authority is— community, if the person’s treatment and care needs can be met in the community; or inpatient, if the person’s treatment and care needs can be met only by being an inpatient. (sec.18-ssec.5) If the category of a person’s treatment authority is inpatient, the person may receive limited community treatment, for a period of not more than 7 consecutive days, if authorised under this Act.
- (a) community, if the person’s treatment and care needs can be met in the community; or
- (b) inpatient, if the person’s treatment and care needs can be met only by being an inpatient.