53Suspension of community management order

53 Suspension of community management order (1) An authorised psychiatric practitioner may suspend a community management order where the authorised psychiatric practitioner and the psychiatric case manager are satisfied that the person who is subject to the order has failed to comply with the order. (2) In determining whether to suspend a community management order, the authorised psychiatric practitioner and psychiatric case manager are to be satisfied that: (a) all reasonable steps have been taken to implement the order and to obtain the person's co-operation; and

Mental Health and Related Services Act 1998 53 (b) because of the person's failure to comply with the order, the person is likely to: (i) cause serious harm to himself or herself or to someone else; or (ii) suffer serious mental or physical deterioration. (3) The practitioner who suspends the community management order under subsection (1) must take reasonable steps: (a) to inform the following that the order has been suspended and the reasons for the suspension: (ii) the person's adult guardian or representative; and (b) to conduct an assessment of the person. (4) If it is not practicable for the practitioner to conduct a face-to-face assessment under subsection (3)(b), the practitioner may conduct the assessment: (b) if an assessment through interactive video conferencing is not practicable – by telephone; or (c) if an assessment through interactive video conferencing or telephone is not practicable – on the basis of: (i) information provided to the practitioner by the person's psychiatric case manager; or (ii) if the case manager is unable to provide relevant information – any other relevant information. (5) After conducting the assessment, the practitioner may: (a) admit the person to an approved treatment facility as an involuntary patient; or (b) treat the person and re-activate the community management order.

Mental Health and Related Services Act 1998 54 (6) If the practitioner does not re-activate the community management order within 24 hours after it was suspended, the practitioner must give to the Tribunal a written report of the suspension and the reasons for the suspension in the approved form. (7) The community management order is taken to be re-activated if the person is discharged from the approved treatment facility after being admitted under subsection (5)(a), unless the Tribunal has: (a) varied the order under section 123(12); or (b) made a new community management order for the person under section 123(5)(c). (8) For an admission of a person under subsection (5)(a), section 34(3) and (4) has effect as if a recommendation for psychiatric examination had been made under section 34(1) for the person. (9) In this section: re-activate, for the community management order, means to bring the order back into force by revoking the suspension of the order.