Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 58

    (1)     Subject to subsection (2), having regard, to the extent that is reasonable in the circumstances, to the matters set out in section 55(2), an authorised psychiatrist may vary—

        (a)     a Community Temporary Treatment Order to an Inpatient Temporary Treatment Order; or

        (b)     an Inpatient Temporary Treatment Order to a Community Temporary Treatment Order; or

        (c)     a Community Treatment Order to an Inpatient Treatment Order; or

        (d)     an Inpatient Treatment Order to a Community Treatment Order.

    (2)     An authorised psychiatrist may only vary a Community Temporary Treatment Order to an Inpatient Temporary Treatment Order or a Community Treatment Order to an Inpatient Treatment Order if the authorised psychiatrist is satisfied that treatment of the person cannot occur in the community.

    (3)     Despite anything to the contrary in section 57(2), a variation of a Temporary Treatment Order or Treatment Order does not affect the duration of the Order.

    (4)     A person must be taken to the designated mental health service as soon as practicable after the Order to which the person is subject is varied if the person is not already at a designated mental health service and the Order is varied from—

        (a)     a Community Temporary Treatment Order to an Inpatient Temporary Treatment Order; or

        (b)     a Community Treatment Order to an Inpatient Treatment Order.

    (5)     Within 28 days after a person is made subject to an Inpatient Treatment Order that was varied to the Inpatient Treatment Order from a Community Treatment Order under subsection (1)(c), the Tribunal must conduct a hearing to determine whether to make a Treatment Order or revoke that Inpatient Treatment Order under section 55 if, at the end of that 28 day period, the person remains subject to the Inpatient Treatment Order.