Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 41

    (1)     Subject to subsection (2), before an authorised psychiatrist completes an assessment of a person subject to a Court Assessment Order, the authorised psychiatrist may vary the Order from—

        (a)     a Community Court Assessment Order to an Inpatient Court Assessment Order; or

        (b)     an Inpatient Court Assessment Order to a Community Court Assessment Order.

    (2)     An authorised psychiatrist may only vary a Community Court Assessment Order to an Inpatient Court Assessment Order if the authorised psychiatrist is satisfied that assessment of the person subject to the Order cannot occur in the community.

    (3)     As soon as practicable after varying a Court Assessment Order, an authorised psychiatrist who varies the Court Assessment Order must ensure that reasonable steps are taken—

        (a)     to inform the person who is subject to the varied Court Assessment Order that the Order has been varied; and

        (b)     to give the person a copy of the varied Order and a copy of the relevant statement of rights; and

        (c)     to explain the purpose and effect of the variation; and

        (d)     to inform the following persons in relation to the person who is subject to the varied Order that the Order has been varied—

              (i)     the nominated person;

              (ii)     a guardian;

              (iii)     a carer, if the authorised psychiatrist is satisfied that the variation will directly affect the carer and the care relationship;

              (iv)     a parent, if the person is under the age of 16 years;

              (v)     the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order; and

        (e)     to give the persons referred to in paragraph (d) a copy of the varied Order and the relevant statement of rights; and

        (f)     to inform the court that made the Court Assessment Order that the Order has been varied.

    (4)     A person whose Community Court Assessment Order is varied to an Inpatient Court Assessment Order and who is not already at a designated mental health service must be taken to the designated mental health service as soon as practicable after the Order is varied.