Victorian Numbered Acts Victorian Numbered Acts(1) This section applies in relation to the following Orders—
(a) an Assessment Order;
(b) a Court Assessment Order;
(c) a Temporary Treatment Order;
(d) a Treatment Order.
(2) An authorised psychiatrist may vary an Order to which this section applies to specify that assessment of, or treatment for, the person subject to the Order will be provided by another designated mental health service if—
(a) the authorised psychiatrist is satisfied that the variation is necessary for the person's assessment or treatment; and
(b) the authorised psychiatrist for the designated mental health service which is to assess the person or treat the person approves of the variation.
(3) The chief psychiatrist may direct an authorised psychiatrist to vary an order to which this section applies to specify that assessment of, or treatment for, the person subject to the Order will be provided by another designated mental health service if the chief psychiatrist is satisfied that the variation is necessary for the person's assessment or treatment.
(4) In determining whether under this section to vary, or direct the variation of, an Order to which this section applies, an authorised psychiatrist or chief psychiatrist (as the case may be) 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 the proposed variation and the reasons for those views and preferences, including the 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 or the chief psychiatrist (as the case may be) is satisfied that the variation 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 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.
(5) As soon as practicable after the authorised psychiatrist varies an Order under subsection (2) or in accordance with a direction of the chief psychiatrist under subsection (3), the authorised psychiatrist must 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 to explain the purpose and effect of the variation; and
(b) to arrange for the person who is subject to the varied Order to be taken to the receiving designated mental health service, if he or she is now subject to an Inpatient Assessment Order, an Inpatient Court Assessment Order, an Inpatient Temporary Treatment Order or an Inpatient Treatment Order; and
(c) to forward to the designated mental health service which is to provide the assessment or treatment any documents relevant to the assessment or treatment of the person subject to the varied Order; and
(d) to notify the following persons in relation to the person subject to the varied Order of the variation—
(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.