Victorian Current Acts Victorian Current ActsS. 168(1) amended by No. 9/2023 s. 127.
(1) While a security order is in force, the Secretary must at intervals of not more than 12 months apply to VCAT for a review of the treatment plan and the security order.
(2) In conducting a review of the treatment plan and security order, VCAT must determine whether—
S. 168(2)(a) amended by No. 22/2012 s. 73.
(a) the treatment plan is appropriate having regard to the criteria specified in section 167(1A); and
(b) the security order is appropriate having regard to the criteria specified in section 166(7).
(3) After conducting a review under this section, 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
S. 168(3)(c) amended by No. 9/2023 s. 127.
(c) require the Secretary to prepare a new treatment plan; or
(d) recommend that the security order be terminated in accordance with section 175.
S. 168(4) amended by No. 19/2019 s. 136.
(4) VCAT must not confirm or vary a treatment plan unless VCAT is satisfied that the residential treatment facility can implement the treatment plan.
(5) VCAT can only vary a treatment plan if the variation is consistent with the security order.
(6) After reviewing a treatment plan, VCAT must set a date within the next 12 months for the next review.