Involuntary Treatment in the Community.

The Tribunal will consider making a Community Management Order when

• An authorised psychiatric practitioner has made an interim community management order (for up to 7 days) that must be reviewed by the Tribunal; or
• The Tribunal is reviewing the involuntary admission or ongoing detention of a person in a mental health facility.

The Tribunal will conduct a hearing to make a decision about whether a person should be treated as an involuntary patient in the community.

The Tribunal may decide either of the following

• That the person fulfils the criteria for involuntary treatment in the community, and may make a Community Management Order in relation to the person for not longer than 6 months; or
• That the person does not meet the criteria for involuntary treatment in the community and revoke an interim or existing order.

To make a Community Management Order the Tribunal must be satisfied that all of the following criteria are met

• The person has a mental illness;
• The person requires treatment as a result of that illness;
• Without that treatment the person is likely to cause imminent harm to themselves or another person, or is likely to suffer serious mental or physical deterioration;
• The person is not capable of giving informed consent to, or is unreasonably refusing to consent to, the treatment or care; and
• The treatment or care is able to be provided by a community management plan that has been prepared and is capable of being implemented.

The treating psychiatrist must provide the Tribunal with

• A clinical report that provides evidence that the person meets the criteria for involuntary treatment in the community; and
• A management plan that is capable of being implemented.

The treating psychiatrist will ensure that the person subject to the hearing has access to copies of the medical records and reports that have been sent to the Tribunal.

Each time the Tribunal makes a Community Management Order, it will set a date to review the order. A fresh hearing is conducted on each review date with all persons involved in attendance. ie the person subject to the review, their treating psychiatrist, their case manager, their legal representative and any other support persons they wish to have.

Mental Health Services may revoke a Tribunal order when a person no longer meets the criteria for involuntary treatment in the community. This means that the person may be discharged from the order before its expiry date and the Tribunal review hearing will be cancelled.