582Mental Health Tribunal powers in respect of applications under this Chapter

582 Mental Health Tribunal powers in respect of applications under this Chapter

(1) The Mental Health Tribunal must list and complete the hearing of an application under this Chapter as soon as practicable and within 5 business days after receiving the application.

(2) After hearing the application, the Mental Health Tribunal may—

S. 582(2)(a) substituted by No. 20/2023 s. 33.

(a) grant the application and make an intensive monitored supervision order in respect of the patient; or

S. 582(2)(b) substituted by No. 20/2023 s. 33.

(b) refuse the application.

(3) The Mental Health Tribunal must not make an intensive monitored supervision order unless it is satisfied that intensive monitored supervision criteria apply to the patient.

(4) In determining the following, the Mental Health Tribunal must have regard to matters specified in subsection (5)—

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

(b) the period of the order.

(5) For the purposes of subsection (4), 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;

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

S. 582(5)(c) amended by No. 44/2025 s. 74.

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

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

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

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

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