Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 55

Making a Treatment Order

    (1)     After conducting a hearing under section 53, 54, 58 or 60, the Tribunal must—

        (a)     make a Treatment Order in respect of a person if the Tribunal is satisfied that the treatment criteria apply to the person and determine—

              (i)     the duration of the Order; and

              (ii)     whether the Order is—

    (A)     a Community Treatment Order; or

    (B)     an Inpatient Treatment Order; or

        (b)     revoke the Order to which the person is currently subject if the Tribunal is not satisfied that the treatment criteria apply to the person.

    (2)     For the purposes of making an Order under subsection (1)(a), the Tribunal 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 the person's carer, if the Tribunal is satisfied that making the Order 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 Tribunal may only make a person subject to an Inpatient Treatment Order if the Tribunal is satisfied that treatment of the person cannot occur within the community.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback