Part 2Part 2 Community counselling orders
118 Making of community counselling orders
(1) The Tribunal, or a Magistrate holding an inquiry under Chapter 4, may, on the application of an authorised applicant, make a community counselling order to be implemented by a health care agency.(2) The order must nominate the health care agency which is to implement it and require the affected person, at such reasonable times as are stated in the order:(a) to be present at a specified place, being either the nominated health care agency or the residence of the affected person, and(b) there receive such medication and therapy, and such rehabilitation and other services, as are provided by the health care agency in accordance with a treatment plan approved by the order.(3) If a community counselling order has a duration of more than 3 months, the Tribunal or Magistrate must cause a copy of the order to be furnished to the Director-General.
119 Procedure on application to Tribunal
(1) If an application for or to vary a community counselling order is made to the Tribunal, the affected person need not be present at the hearing of the application if the Tribunal is satisfied that the person has been given reasonable notice of the hearing and the person is legally represented at the hearing.(2) If the affected person is not present at the hearing, any community counselling order made must be made so as to take effect at least 3 days after the hearing.
120 Conditions precedent to making of community counselling order
(1) The Tribunal or Magistrate may not make a community counselling order unless satisfied on the balance of probabilities:(a) on the evidence of a psychiatrist or of a medical practitioner appointed by an order under section 123—that the affected person is likely to become a mentally ill person within 3 months, and(b) that subsection (2) applies to the affected person, and(c) that the health care agency which is to implement the order has complied with subsection (3).(2) This subsection applies to an affected person if:(a) except in the case of an order made by a Magistrate, the person is not detained in a hospital or other place under this Act, and(b) the person has, on more than 1 occasion, refused to accept appropriate treatment, and(c) when appropriate treatment has been refused, there has been a relapse into an active phase of mental illness, and(d) 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(e) 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.(3) This subsection is complied with if a health care agency:(a) has made reasonable attempts to maintain contact with the affected person and to have the affected person consent to treatment, counselling or rehabilitation within the community, and(b) has an appropriate treatment plan for the affected person and is capable of implementing the treatment plan.
121 Treatment plan not required for short term orders
If the Tribunal or Magistrate adjourns proceedings relating to an application for a community counselling order, the Tribunal or Magistrate may make a community counselling order, having a duration of not more than 14 days, if satisfied that appropriate treatment will be given to the affected person, even though the health care agency concerned has no appropriate treatment plan for the affected person.
122 Report required for certain applications
(1) If an application for a community counselling order is the first such application made after the expiration of a community treatment order for the same affected person, a report under section 136 as to the efficacy of the community treatment order must be presented at the hearing of the application.(2) If the application is not the first such application, a report under section 126 as to the efficacy of any previous community counselling order for the affected person must be presented at the hearing of the application.
123 Appointment of medical practitioners for purposes of making orders
(1) The Director-General may, by order published in the Gazette, appoint a medical practitioner:(a) who is not a psychiatrist, and(b) who has substantial knowledge of the community psychiatric services available in the locality in which he or she is practising, and(c) who has psychiatric experience,as a medical practitioner for the purposes of section 120.(2) Before publishing an order, and while the order remains in force, the Director-General must be satisfied that there is no suitable psychiatrist practising in the locality in which the medical practitioner to be appointed by the order is practising.
124 Duration of community counselling orders
(1) A community counselling order expires:(a) on a date stated in the order that is not later than 6 months after the date of the order, or(b) if an expiry date is not stated in the order—6 months after the date of the order, or(c) if the affected person is detained in a hospital under this Act or becomes a forensic patient.(2) In determining the duration of a community counselling order, the Tribunal or Magistrate must take into account the estimated time required:(a) to stabilise the condition of the affected person, and(b) to establish, or re-establish, a therapeutic relationship between the person and the person’s psychiatric case manager.(3) This section does not:(a) limit the number of applications for a community counselling order that may be made in respect of the same person, or(b) prevent the making of an order on any of those applications,if, at the hearing of such an application, there is presented a report under section 126 as to the efficacy of the last preceding community counselling order.(4) Nothing in this section prevents the Director of the health care agency from discharging a person from having to comply with a community counselling order if the Director is of the opinion that it is appropriate to do so.
124A Effect on order of informal admission to hospital
(1) A community counselling order has no effect while an affected person is an informal patient but (if it does not otherwise expire or is not revoked) has effect if the person ceases to be an informal patient.(2) A community counselling order affected by this section expires on the date it would have otherwise expired under this Act despite any period during which it has no effect.
(1) If a community counselling order has a duration of more than 3 months, the Director of the health care agency implementing the order must arrange for the psychiatric case manager of the affected person to conduct a clinical review of the progress of the affected person.(2) The review is to be conducted as soon as practicable after the expiration of 3 months from the making of the order and the psychiatric case manager is to assess the extent to which the objects of the order are being achieved.(3) The psychiatric case manager must make a written report to the Director on the result of the review and must include in the report his or her opinion as to whether or not the affected person is making satisfactory progress.(4) If the psychiatric case manager has not reported to the Director within 6 months from the making of the order, the psychiatric case manager must make a written report to the Director as to why the firstmentioned report has not been provided.(5) The Director must:(a) give a copy of the report to the affected person, and(b) give a copy of the report to the Director-General together with any written comments the Director wishes to make in relation to the report.
As soon as practicable after the expiration of a community counselling order, the psychiatric case manager of the person formerly subject to the order must make a written report to the Director of the relevant health care agency and the Director-General as to the efficacy of the order.
127 Breach of community counselling order
(1) A breach of a community counselling order occurs if the affected person in any way refuses or fails to comply with the order and the Director of the health care agency implementing the order is of the opinion:(a) that the agency has taken all reasonable steps to implement the order, and(b) that there is a significant risk of deterioration in the mental or physical condition of the affected person.(2) If there is a breach of a community counselling order, the Director must:(a) make a written record of the opinions referred to in subsection (1), the facts on which they are based and the reasons for forming them, and(b) through the psychiatric case manager of the affected person, inform the affected person that any further refusal or failure to comply with the order will result in the person being required to attend the health care agency for counselling or the administration of medication, or both.
128 Action on further breaches of community counselling order
(1) If, after action is taken under section 127, there is a further refusal or failure by the affected person to comply with the community counselling order, the Director of the health care agency may cause the person to be given a written notice:(a) requiring the person to attend the health care agency at a specified time for counselling or the administration of medication, or both, and(b) warning the person that the assistance of a member of the Police Force may be obtained in order to ensure the attendance of the person in accordance with the notice.(2) While at a health care agency as a result of the giving of any such notice, an affected person:(a) may be given medication and may be given counselling as provided by the community counselling order and this Act, and(b) may be assessed by a medical practitioner for involuntary admission to a hospital.
129 Apprehension of person in breach of community counselling order
(1) If an affected person fails to comply with a notice given under section 128, the Director of the health care agency or the psychiatric case manager of the affected person may, in writing, order that the affected person be taken to the health care agency.(2) The order may be implemented by a member of the staff of the health care agency.
(1) A member of the Police Force to whose notice an order under section 129 is brought must, as soon as possible, apprehend the affected person and take, or assist in taking, the person to the health care agency specified in the order.(2) The member of the Police Force may, instead of complying with subsection (1), arrange with another member of the Police Force to do so.(3) A person apprehended under this section must be taken to the health care agency in such a way as to arrive there without undue delay and, after arrival, may be kept there for not longer than 2 hours.(4) A member of the Police Force may:(a) enter premises, if need be by using reasonable force, to apprehend a person under this section, and(b) apprehend the person,without a warrant.(5) Subsection (3) does not affect the operation of any other provision of this Act.