S. 154(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.6), 9/2023 s. 115.
(1) While an order specified in section 152(2)(a), 152(2)(b) or 152(2)(f) is in force, the Authorised Program Officer must—
(a) within 6 months of the person subject to the treatment plan being admitted to the residential treatment facility; and
(b) at intervals of not more than 12 months since the last review of the treatment plan by VCAT—
apply to VCAT for a review of the treatment plan.
(2) In conducting a review of a treatment plan, VCAT must determine whether the treatment plan is appropriate having regard to the criteria specified in section 153(2).
(3) After reviewing a treatment plan, VCAT may—
(a) subject to subsection (4), confirm the treatment plan; or
(b) subject to subsection (4), vary the treatment plan as specified in its determination; or
(c) require the Authorised Program Officer to prepare a new treatment plan.
(4) VCAT must not confirm or vary a treatment plan unless VCAT is satisfied that the residential treatment facility can implement the treatment plan.
S. 154(5) amended by Nos 91/2009 s. 219(Sch. 3 item 1.7), 9/2023 s. 115.
(5) VCAT can only vary a treatment plan if the variation is consistent with the order specified in section 152(2)(a), 152(2)(b) or 152(2)(f).
(6) After reviewing a treatment plan, VCAT must set a date not later than 12 months for the next review.