Mental Health (Compulsory Assessment and Treatment) Act 1992

28 Compulsory treatment orders

  • (1) Every compulsory treatment order shall be either—

    • (a) a community treatment order; or

    • (b) an inpatient order,—

    and on making a compulsory treatment order the court shall specify the kind of order it is.

    (2) Subject to subsections (3) and (4), the court shall make a community treatment order unless the court considers that the patient cannot be treated adequately as an outpatient, in which case the court shall make an inpatient order.

    (3) The court shall not make an inpatient order if, at the time of making the order, the patient is undergoing assessment and treatment as an outpatient; but in such a case, the Judge may, instead of making a community treatment order, order that the patient be re-assessed in accordance with sections 13 and 14, and the provisions of those sections, sections 15 to 27, and this section shall apply with any necessary modifications.

    (4) Before the court makes a community treatment order, it must be satisfied of the following:

    • (a) the service provides care and treatment on an outpatient basis that is appropriate to the needs of the patient. (The service means the service that the applicant for the order asks the court to specify in the order); and

    • (b) the social circumstances of the patient are adequate for his or her care within the community.

    (5) When the court makes an order under this section, it shall give or send a copy of the order to the patient.

    Section 28(3): amended, on 1 April 2000, by section 21(1)(a) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Section 28(3): amended, on 1 April 2000, by section 21(1)(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

    Section 28(4): substituted, on 1 April 2000, by section 21(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).