South Australian Current Acts South Australian Current Acts16—Level 2 community treatment orders
(1) If the Tribunal is
satisfied that—
(a) a
person has a mental illness; and
(b)
because of the mental illness, the person requires treatment for the person's
own protection from harm (whether physical or mental, and including harm
involved in the continuation or deterioration of the person's condition) or
for the protection of others from harm; and
(c) the
person has impaired decision-making capacity relating to appropriate treatment
of the person's mental illness; and
(d)
there is no less restrictive means than a community treatment order of
ensuring appropriate treatment of the person's illness,
the Tribunal may make an order for the treatment of the person (a
"level 2 community treatment order").
(2) In considering
whether there is no less restrictive means than a community treatment order of
ensuring appropriate treatment of the person's illness, consideration must be
given, amongst other things, to the prospects of the person receiving all
treatment of the illness necessary for the protection of the person and others
on a voluntary basis.
(3) A level 2
community treatment order may be made in respect of a person—
(a) on
an application to the Tribunal for the Tribunal's decision as to whether it
should make a community treatment order in respect of the person (whether or
not a level 1 community treatment order has been made in respect of the
person); or
(c) on
an application to the Tribunal under Part 5 Division 4 for the revocation of a
level 3 inpatient treatment order that applies to the person.
(4) An application may
be made to the Tribunal for the Tribunal's decision as to whether it should
make a community treatment order in respect of a person by—
(a) the
Public Advocate; or
(b) a
medical practitioner; or
(c) a
mental health clinician; or
(d) a
guardian, medical agent, relative, carer or friend of the person; or
(e) any
other person who satisfies the Tribunal that he or she has a proper interest
in the welfare of the patient.
(4a) A level 1
community treatment order applying in relation to a person is taken to be
revoked on the making of a level 2 community treatment order in relation
to the person.
(5) A
level 2 community treatment order, unless earlier revoked, expires at a time
fixed in the order which must be—
(a) in
the case of an order relating to a child—2 pm on a business day not
later than 6 calendar months after the day on which it is made; or
(b) in
any other case—2 pm on a business day not later than 12 calendar
months after the day on which it is made.
(6) A registrar of the
Tribunal must, not less than 2 months before the expiry of a
level 2 community treatment order that has a period of operation of more than
6 months, send to the applicant (if any) for the order, the Public Advocate
and to any other person who it appears to the registrar may have a proper
interest in the welfare of the patient a written reminder of the date of
expiry of the order.
(7) The Tribunal may,
on application, by order, vary or revoke a level 2 community treatment order
at any time.
(8) An application for
variation or revocation of a level 2 community treatment order may be made
by—
(a) the
patient; or
(b) the
Public Advocate; or
(c) a
medical practitioner; or
(d) a
mental health clinician; or
(e) a
guardian, medical agent, relative, carer or friend of the patient; or
(f) any
other person who satisfies the Tribunal that he or she has a proper interest
in the welfare of the patient.