Mental Health (Compulsory Assessment and Treatment) Act 1992

18 Judge to examine patient where compulsory treatment order sought

  • (1) Where an application is made under section 14(4) for a compulsory treatment order in respect of any patient, a District Court Judge shall examine the patient as soon as practicable and in no case later than 14 days after the application is filed in the court.

    (2) The examination shall be conducted—

    • (a) at the patient's place of residence, the hospital, or the other place where the patient is undergoing assessment or treatment; or

    • (b) where that is not practicable, at the nearest practicable place.

    (3) The Judge must do the following things before and during the examination, as appropriate and practicable:

    • (a) identify himself or herself to the patient; and

    • (b) explain to the patient the purpose of the visit; and

    • (c) discuss with the patient the patient's situation, the proposed course of assessment and treatment, and the patient's views on these matters.

    (4) As well as examining the patient, the Judge shall consult with the responsible clinician, and with at least 1 other health professional involved in the case, and may consult with such other persons as the Judge thinks fit, concerning the patient's condition.

    (5) If the Judge is satisfied that the patient is fit to be released from compulsory status, the Judge shall order that the patient be released from that compulsory status forthwith.

    (6) The Judge who examines the patient under subsection (1) shall, wherever possible, conduct any hearing of the application under the succeeding provisions of this Part; and in no case shall any hearing of the application be held until the patient has been visited by a Judge in accordance with that subsection.

    Section 18(1): amended, on 1 April 2000, by section 14(2)(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Section 18(3): substituted, on 1 April 2000, by section 17 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).