Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 216

Amendment of treatment support order to change category, limited community treatment or conditions

216 Amendment of treatment support order to change category, limited community treatment or conditions

(1) An authorised doctor may amend the patient’s treatment support order under this section in any of the following ways—
(a) to change the category of the order;
(b) to authorise or revoke, or change the nature or extent of, limited community treatment;
(c) to impose a condition on, or change a condition of, the order.
(2) However, the authorised doctor may change the category of the order to inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the patient, that 1 or more of the following can not reasonably be met if the category of the order is community—
(a) the patient’s treatment and care needs;
(b) the safety and welfare of the patient;
(c) the safety of others.
(3) Also, the authorised doctor may make the amendment only if satisfied the amendment is appropriate having regard to—
(a) the patient’s relevant circumstances; and
(b) for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment; and
(c) the nature of the relevant unlawful act and the amount of time that has passed since the act happened.
(4) The amendment must not—
(a) change a condition decided by the Mental Health Court or tribunal; or
(b) reduce the extent of treatment in the community received by the patient contrary to a decision of the Mental Health Court under section 145 (5) or the tribunal under section 476 or 477 (4) .
(5) Subject to subsection (4) , the power of an authorised doctor under subsection (1) is not limited by a decision of the Mental Health Court or tribunal.
(6) If limited community treatment is authorised under this section, the patient’s treatment support order must state—
(a) the nature and conditions of the limited community treatment; and
(b) the period, of not more than 7 consecutive days, for which limited community treatment is authorised; and
(c) the duration for which the order is in force.
Example for paragraphs (b) and (c)—
limited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks
(7) The authorised doctor must tell the patient of any proposed amendment of the patient’s treatment support order and explain the effect of the amendment to the patient.



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