Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 59

Requirements in relation to varied Temporary Treatment Orders and Treatment Orders

As soon as practicable after varying an Order under section 58(1), the authorised psychiatrist must notify the Tribunal that the Order has been varied and ensure that reasonable steps are taken—

        (a)     to inform the person who is subject to the varied 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


See Division 1 of Part 3 in relation to statement of rights.

        (c)     to explain the purpose and effect of the varied Order to the person; and

        (d)     to inform the following persons in relation to the person 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 varying the Order 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.

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