207Determination of revocation application

207 Determination of revocation application

(1) The Mental Health Tribunal must hear and determine an application to revoke a temporary treatment order or treatment order as soon as practicable after the application is made.

(a) confirm the temporary treatment order or treatment order if the Mental Health Tribunal is satisfied that the compulsory treatment criteria still apply to the person who is subject to the order; or

(b) revoke the temporary treatment order or treatment order if the Mental Health Tribunal is not satisfied that the compulsory treatment criteria apply to the person who is subject to the order.

(3) In determining an application to revoke a temporary treatment order or treatment order, the Mental Health Tribunal 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—

(a) 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—

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

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

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

(4) If the Mental Health Tribunal confirms a temporary treatment order or treatment order under subsection (2)(a), the Mental Health Tribunal must determine whether the order is—

(a) a community temporary treatment order or community treatment order (as the case requires); or

(b) subject to subsection (5), an inpatient temporary treatment order or inpatient treatment order (as the case requires).

(5) The Mental Health Tribunal must not confirm an order to be an inpatient temporary treatment order or inpatient treatment order unless the Mental Health Tribunal is satisfied that the person who is subject to the order cannot be treated in the community.