190Treatment patient—application for another treatment order

190 Treatment patient—application for another treatment order

S. 190(1) amended by No. 44/2025 s. 60(a).

(1) An authorised psychiatrist may apply to the Mental Health Tribunal for another treatment order to be made in respect of a treatment patient if the treatment patient—

S. 190(1)(a) amended by No. 44/2025 s. 60(b).

(a) has been examined by any authorised psychiatrist employed or engaged by the designated mental health service at which the patient is being treated; and

S. 190(1)(b) amended by No. 44/2025 s. 60(c).

(b) the authorised psychiatrist who conducted the examination is satisfied that the compulsory treatment criteria still apply to the treatment patient.

(2) In determining whether to apply for another treatment order in respect of a treatment patient, the authorised psychiatrist—

(a) must have regard to the following, to the extent that is reasonable in the circumstances—

(i) the treatment patient's views and preferences about the treatment of the patient's mental illness and any beneficial alternative treatments that may be reasonably available, including—

(A) views or preferences expressed in the patient's advance statement of preferences (if any); and

(B) views or preferences expressed by the patient's nominated support person (if any);

(ii) the treatment patient's reasons for their views and preferences, including any recovery outcomes that the patient would like to achieve;

(iii) the views of any guardian of the treatment patient;

(iv) the views of any carer of the treatment patient, if the authorised psychiatrist is satisfied that the making of a treatment order will directly affect the care relationship between the carer and the patient;

(v) the views of a parent of the treatment patient, if the patient is under 16 years of age;

(vi) the views of the DFFH Secretary, if that Secretary has parental responsibility for the treatment patient under a relevant child protection order; and

(b) may have regard to any other relevant information, including information communicated to the authorised psychiatrist by any other person.

(3) Before an authorised psychiatrist examines a treatment patient under subsection (1)(a), the authorised psychiatrist must—

(a) identify themselves to the treatment patient; and

(b) inform the treatment patient that the patient will be examined by the authorised psychiatrist; and

(c) take all reasonable steps to explain the purpose of the examination to the treatment patient; and

(d) if the treatment patient requests a copy of the current treatment order, ensure that the patient is given a copy of the order.