204Treatment order—hearing to determine community to inpatient variation

204 Treatment order—hearing to determine community to inpatient variation

(1) Within 28 days after a community treatment order is varied to an inpatient treatment order, beginning on and including the day the order was varied, the Mental Health Tribunal must conduct a hearing to determine whether the treatment patient should be subject to an inpatient treatment order.

(2) Despite subsection (1), a hearing is not required if the inpatient treatment order is revoked or varied to a community treatment order before the hearing.

(3) The Mental Health Tribunal must—

(a) confirm the inpatient treatment order if the Mental Health Tribunal is satisfied that—

(i) the compulsory treatment criteria still apply to the treatment patient; and

(ii) the patient cannot be treated in the community; or

(b) vary the order to a community treatment order if the Mental Health Tribunal is satisfied that—

(i) the compulsory treatment criteria still apply to the treatment patient; and

S. 204(3)(b)(ii) amended by No. 20/2023 s. 11.

(ii) the patient can be treated in the community; or

(c) revoke the treatment order if the Mental Health Tribunal is not satisfied that the compulsory treatment criteria apply to the treatment patient.

(4) In determining a matter under this section, the Mental Health Tribunal must have regard to the following, to the extent that is reasonable in the circumstances—

(a) 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—

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

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

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

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

(d) the views of any carer of the treatment patient, if the Mental Health Tribunal is satisfied that the determination will directly affect the care relationship between the carer and the patient;

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

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

Division 2—Revocation and expiry of temporary treatment orders and treatment orders