Victorian Numbered Acts Victorian Numbered Acts(1) An authorised psychiatrist who makes a Temporary Treatment Order in respect of a person must determine whether the Order is—
(a) a Community Temporary Treatment Order; or
(b) an Inpatient Temporary Treatment Order.
(2) For the purposes of making a determination under subsection (1), the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following—
(a) the person's views and preferences about treatment of his or her mental illness and the reasons for those views and preferences, including any recovery outcomes that the person would like to achieve;
(b) the views and preferences of the person expressed in his or her advance statement;
(c) the views of the person's nominated person;
(d) the views of a guardian of the person;
(e) the views of a carer of the person, if the authorised psychiatrist is satisfied that the determination will directly affect the carer and the care relationship;
(f) the views of a parent of the person, if the person is under the age of 16 years;
(g) the views of 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.
(3) The authorised psychiatrist may only make a person subject to an Inpatient Temporary Treatment Order if the authorised psychiatrist is satisfied that treatment of the person cannot occur within the community.