Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 25

25 .         Criteria for involuntary treatment order

        (1)         A person is in need of an inpatient treatment order only if all of these criteria are satisfied —

            (a)         that the person has a mental illness for which the person is in need of treatment;

            (b)         that, because of the mental illness, there is —

                  (i)         a significant risk to the health or safety of the person or to the safety of another person; or

                  (ii)         a significant risk of serious harm to the person or to another person;

            (c)         that the person does not demonstrate the capacity required by section 18 to make a treatment decision about the provision of the treatment to himself or herself;

            (d)         that treatment in the community cannot reasonably be provided to the person;

            (e)         that the person cannot be adequately provided with treatment in a way that would involve less restriction on the person’s freedom of choice and movement than making an inpatient treatment order.

        (2)         A person is in need of a community treatment order only if all of these criteria are satisfied —

            (a)         that the person has a mental illness for which the person is in need of treatment;

            (b)         that, because of the mental illness, there is —

                  (i)         a significant risk to the health or safety of the person or to the safety of another person; or

                  (ii)         a significant risk of serious harm to the person or to another person; or

                  (iii)         a significant risk of the person suffering serious physical or mental deterioration;

            (c)         that the person does not demonstrate the capacity required by section 18 to make a treatment decision about the provision of the treatment to himself or herself;

            (d)         that treatment in the community can reasonably be provided to the person;

            (e)         that the person cannot be adequately provided with treatment in a way that would involve less restriction on the person’s freedom of choice and movement than making a community treatment order.

        (3)         A decision whether or not a person is in need of an inpatient treatment order or a community treatment order must be made having regard to the guidelines published under section 547(1)(a) for that purpose.

        Note for this Division:

                Part 21 Division 3 confers jurisdiction on the Mental Health Tribunal to conduct reviews relating to involuntary patients.