New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 133

133 Conditions precedent to making of community treatment order

(1) The Tribunal or Magistrate may not make a community treatment order in respect of a person unless:

(a) in the case of an order made by a Magistrate, the Magistrate would otherwise make an order in respect of the person under section 51 (3) (Result of finding that person is mentally ill), and

(b) the Tribunal or Magistrate is satisfied that subsection (2) applies or that the person has been for the first time diagnosed as suffering from a mental illness by a psychiatrist or a medical practitioner appointed under section 123, and

(c) the Tribunal or Magistrate is satisfied that the affected person would benefit from the order as the least restrictive alternative consistent with safe and effective care, and

(d) the Tribunal or Magistrate is satisfied that a health care agency has an appropriate treatment plan for the affected person and is capable of implementing it.

(2) This subsection applies if:

(a) the affected person has previously refused to accept appropriate treatment, and

(b) when appropriate treatment has been refused, there has been a relapse into an active phase of mental illness, and

(c) the relapse has been followed by mental or physical deterioration justifying involuntary admission to hospital (whether or not there has been such an admission), and

(d) care and treatment following involuntary admission resulted, or could have resulted, in an amelioration of, or recovery from, the debilitating symptoms of a mental illness or the short-term prevention of deterioration in the mental or physical condition of the affected person.