19Breaches of forensic community treatment orders

#### 19 Breaches of forensic community treatment orders 19 Breaches of forensic community treatment orders > > (1) This clause applies to the following persons who are subject to forensic community treatment orders (an affected person)— > > > > > (a) a forensic patient, correctional patient or other person who is detained in a correctional centre, > > > > > (b) a person who is subject to an order for transfer from a correctional centre but who has not been transferred. > > > (2) Sections 58–64 of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008) do not apply to an affected person and are replaced by subclauses (3)–(5). > > > (3) A medical officer authorised by Justice Health and Forensic Mental Health Network must take the steps set out in subclauses (4) and (5) if an affected person refuses or fails to comply with the forensic community treatment order and the officer is of the opinion that— > > > > > (a) Justice Health and Forensic Mental Health Network has taken all reasonable steps to implement the order, and > > > > > (b) there is a significant risk of deterioration in the mental or physical condition of the affected person. > > > (4) The officer must cause the affected person to be informed that further refusal or failure to comply with the order may result in the person being given treatment in accordance with the forensic community treatment order. > > > (5) If there is a further refusal or failure to comply with the order— > > > > > (a) the officer must cause the affected person to be assessed for the purpose of issuing certificates for the purpose of a transfer of the person under section 86 of the Act to a mental health facility, and > > > > > (b) the officer may cause the affected person to be given treatment in accordance with the forensic community treatment order, if the officer thinks it appropriate for clinical reasons to do so, and must notify the Tribunal within 2 business days after the treatment is given.