201Variation of temporary treatment order or treatment order—inpatient to community

201 Variation of temporary treatment order or treatment order—inpatient to community

(1) Subject to subsection (2), an authorised psychiatrist may vary—

(a) an inpatient temporary treatment order to a community temporary treatment order; or

(b) an inpatient treatment order to a community treatment order.

(2) Before varying a temporary treatment order or treatment order under subsection (1), an authorised psychiatrist—

(a) 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;

(iii) the views of any guardian of the person;

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

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

(vi) the views of the DFFH Secretary, if that Secretary has parental responsibility for the person 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) A variation of a temporary treatment order or treatment order under subsection (1) does not affect the duration of the order.