New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 58

58 Breach of community treatment order

(1) The director of community treatment of a declared mental health facility implementing a community treatment order must take the steps set out in this section if the affected person in any way refuses or fails to comply with the community treatment order and the director is of the opinion that--

(a) the mental health facility has taken all reasonable steps to implement the order, and

(b) there is a significant risk of deterioration in the mental or physical condition of the affected person.

(2) The director must--

(a) make a written record of the opinions, the facts on which they are based and the reasons for forming them, and

(b) cause the affected person to be informed that any further refusal to comply with the order will result in the person being taken to the declared mental health facility or another appropriate mental health facility and treated there, and

(c) take all reasonably practicable steps to notify the following persons of the action taken under paragraphs (a) and (b)--

(i) each designated carer of the affected person,

(ii) the principal care provider of the affected person, if the principal care provider is not a designated carer.

(3) On a further refusal or failure by the affected person to comply with the community treatment order, the director may cause the person to be given a written notice (a
"breach notice" )--

(a) requiring the person to accompany a member of staff of the NSW Health Service employed at the declared mental health facility for treatment in accordance with the order or to a specified mental health facility, and

(b) warning the person that the assistance of a police officer may be obtained in order to ensure compliance with the order.

(4) On the refusal or failure by the affected person to comply with a breach notice, the director may, in writing, make an order (a
"breach order" ) that the affected person be taken to a specified declared mental health facility.

(5) For the purposes of subsection (3), the director causes a person to be given a breach notice if the director ensures that--

(a) the notice is handed directly to the person, or

(b) if it is not reasonably practicable to hand the notice directly to the person, the notice is given to the person in a way specified in section 192(1)(a)(ii), (iv) or (v).

(6) The director must take all reasonably practicable steps to give a copy of a breach notice and a breach order to--

(a) each designated carer of the affected person, and

(b) the principal care provider of the affected person, if the principal care provider is not a designated carer.