579Examination before application for an intensive monitored supervision order

579 Examination before application for an intensive monitored supervision order

(1) An application for an intensive monitored supervision order may be made in respect of a patient who—

(a) is detained at the Institute; and

(b) is of or over the age of 18 years; and

(c) is a forensic patient, a security patient or a treatment patient.

(2) Before the authorised psychiatrist of the Institute applies for an intensive monitored supervision order to be made in respect of a patient, the authorised psychiatrist must examine the patient to determine whether the intensive monitored supervision order criteria apply to the patient.

(3) In determining the following, the authorised psychiatrist must have regard to matters specified in subsection (4)—

(a) whether all less restrictive options have been tried to mitigate the risk and have been found to be ineffective; and

(b) the recommended period of the order.

(4) For the purposes of subsection (3), the following matters are specified—

(a) the patient's views and preferences about the treatment or therapeutic interventions they will be provided and the reasons for those views, including any recovery outcomes they would like to achieve; and

(b) the views and preferences of the patient expressed in their advance statement of preferences; and

S. 579(4)(c) amended by No. 44/2025 s. 73.

(c) the patient's views and preferences expressed by the patient's nominated support person; and

(d) the views of a guardian of the patient; and

(e) the views of a carer of the patient, if the authorised psychiatrist is satisfied that the making of the order will directly affect the carer and the care relationship; and

(f) the likely impact on the patient, considering the patient's views and preferences, and any past experience of trauma; and

(g) the patient's culture, beliefs, values and personal characteristics.