Victorian Current Acts Victorian Current Acts(1) This section applies to the following—
(a) a matter referred to in section 189;
(b) an application for a treatment order under section 190.
(2) The Mental Health Tribunal must—
(a) make a treatment order in respect of the person who is the subject of the proceeding if the Mental Health Tribunal is satisfied that the compulsory treatment criteria apply to the person; or
(b) revoke the temporary treatment order or treatment order to which the person is subject if the Mental Health Tribunal is not satisfied that the compulsory treatment criteria apply to the person.
(3) In determining a matter to which this section applies, the Mental Health Tribunal must have regard to the following in relation to the person who is the subject of the proceeding, to the extent that is reasonable in the circumstances—
(a) the person's views and preferences about the treatment of the person's mental illness and any beneficial alternative treatments that may be reasonably available, including—
(i) views or preferences expressed in the person's advance statement of preferences (if any); and
(ii) views or preferences expressed by the person's nominated support person (if any);
(b) the person's reasons for their views and preferences, including any recovery outcomes that the person would like to achieve;
(c) the views of any guardian of the person;
(d) the views of any carer of the person, if the Mental Health Tribunal is satisfied that the making of a treatment order will directly affect the care relationship between the carer and the person;
(e) the views of a parent of the person, if the person is under 16 years of age;
(f) the views of the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order.