Section 12Part 0 —
Assisted outpatient treatment order
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Where, following a period of hospitalisation, a patient is unlikely to participate in treatment voluntarily or does not comply with recommended treatment, the responsible medical officer may make an assisted outpatient treatment order in relation to that patient.
An assisted outpatient treatment order allows the responsible medical officer to provide treatment, with or without the patient's consent.
An assisted outpatient treatment order shall be made for a fixed time not exceeding one year and may be renewed as often as necessary to achieve its intended objective.
The responsible medical officer shall inform the Mental Health Commission of the making of the order as well as providing the reasoning and evidence relied upon.
If the patient violates an assisted outpatient treatment order, the responsible medical officer may make an order for protective custody in the prescribed form, authorising a constable to —
take the patient into protective custody; and
with all reasonable despatch, but no later than twelve hours after the person is taken into protective custody, bring the patient before a medical doctor employed by the Government or a medical officer to be examined.
The medical doctor employed by the Government or medical officer who examines the patient under subsection (5)(b) shall, after conducting the examination, complete the prescribed form to be used in the assessment of the patient.
Where a medical officer conducts the examination under subsection (5)(b) and the medical officer considers that the patient should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing that the patient be detained for up to seventy-two hours in a hospital or other place of safety able to receive and care for that patient.
Where a medical doctor employed by the Government conducts the examination under subsection (5)(b) —
the medical doctor employed by the Government shall consult a medical officer; and
if the medical officer under paragraph (a) considers that the patient should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing that the patient be detained for up to seventy-two hours in a hospital or other place of safety able to receive and care for that patient.
If the medical officer referred to in subsection (6A) or (6B) makes an emergency detention order under subsection (6B)(b), the medical officer shall —
in writing, as soon as practicable thereafter, inform the Mental Health Commission of the detention of the person;
supply the Mental Health Commission with a copy of the prescribed form under subsection (6); and
otherwise comply with any regulations that may be made under this Act in that regard.
If the medical officer referred to in subsection (6A) or (6B) forms the opinion that there is no need to further detain the person, the medical officer shall not make an emergency detention order and the patient shall continue to be treated under the assisted outpatient treatment order.
A patient or legal representative of a patient who is dissatisfied with the making of an assisted outpatient treatment order under this section may appeal to the Mental Health Commission and the Commission may affirm, revoke, vary or make such other order as it thinks fit.