191Requirements for treatment order application

191 Requirements for treatment order application

(1) An application under section 190 must—

(a) be made at least 10 business days before the expiry of the current treatment order; and

(b) specify the date and time of the most recent examination that the authorised psychiatrist has conducted on the treatment patient.

(2) Despite subsection (1)(a), the principal registrar may accept an application under section 190 if—

(a) the application is made less than 10 business days before the expiry of the current treatment order; and

(b) the principal registrar is satisfied that it is reasonable in the circumstances to accept the application.

(3) The Mental Health Tribunal must conduct a hearing to determine an application under section 190.

Section 374 provides that the Mental Health Tribunal must not adjourn a hearing for a person who is subject to a treatment order to a date that is after the order expires unless the Tribunal is satisfied that exceptional circumstances exist. In that case, the Mental Health Tribunal may extend the duration of the treatment order for a period not exceeding 10 business days.