Mental Health and Wellbeing Act 2022
199Other entities to be notified of making of treatment order
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199 Other entities to be notified of making of treatment order
(1) As soon as practicable after a treatment order is made, an authorised psychiatrist for the responsible designated mental health service must ensure that all reasonable steps are taken—
(a) to notify the following persons of the making of the treatment order—
(i) any nominated support person of the treatment patient;
(ii) any guardian of the treatment patient;
(iii) any carer of the treatment patient, if the authorised psychiatrist is satisfied that the making of the order will directly affect the care relationship between the carer and the patient;
(iv) a parent of the treatment patient, if the patient is under 16 years of age;
(v) the DFFH Secretary, if that Secretary has parental responsibility for the treatment patient under a relevant child protection order; and
(b) to give a copy of the treatment order and a statement of rights to the persons referred to in paragraph (a).
(2) As soon as practicable after a treatment order is made, an authorised psychiatrist for the responsible designated mental health service must ensure that the primary non-legal mental health advocacy service provider is notified of the making of the order.
Part 4.6—Variation and revocation of temporary treatment orders and treatment orders
Division 1—Variation of temporary treatment orders and treatment orders
200 Variation of temporary treatment order or treatment order—community to inpatient
(1) Subject to subsection (2), an authorised psychiatrist may vary—
(a) a community temporary treatment order to an inpatient temporary treatment order; or
(b) a community treatment order to an inpatient treatment order.
(2) Before varying a temporary treatment order or treatment order under subsection (1), an authorised psychiatrist—
(a) must be satisfied that the person who is subject to the order cannot be treated in the community; and
(b) must have regard to the following in relation to the person who is subject to the order, to the extent that is reasonable in the circumstances—
(i) the person's views and preferences about the treatment of the person's mental illness and any beneficial alternative treatments that may be reasonably available, including—
(A) views or preferences expressed in the person's advance statement of preferences (if any); and
(B) views or preferences expressed by the person's nominated support person (if any);
(ii) the person's reasons for their views and preferences, including any recovery outcomes that the person would like to achieve;