If it has been decided that a person requires compulsory treatments, an order is made to that effect. A hospital or mental health clinic provides such treatment. This order causes the loss of some rights and freedoms, and may require a hospital stay. The patient may not agree with the treatments given to them, but they must be given. If you want to contest this, you may desire legal representation – contact Vanessa Ash.

     Types of compulsory treatment orders

1. Assessment orders – to have a psychiatrist examine the patient
2. Temporary treatment orders – forced treatment for up to 28 days
3. Treatment orders – added to a temporary treatment order, ongoing

     Assessment order rules

• You seem to have a mental illness
• You need treatment to prevent harm or further deterioration
• You won’t be treated as a voluntary patient
• You will be examined in a hospital or in the community

     Temporary treatment order rules

• A psychiatrist believes you meet all the treatment criteria
• Temporary treatment last for no longer than 28 days
• Temporary treatment can be in the community or in a hospital

     Treatment order rules

• Treatment orders can only be made by the Mental Health Tribunal after a hearing
• You must meet all the criteria
• The tribunal can revoke or refuse this order
• The psychiatrist can apply for this if your temporary treatment order is about to expire or your current treatment order is about to expire
• You apply to have your treatment order revoked (which you can do anytime)
• You can get this treatment in the community (maximum 12 months) or in a hospital (maximum six months)
• If you are under 18, both treatment order types can last just three months

     What is the treatment criteria?

• You have mental illness
• Because of this, you need treatment to prevent you getting worse or causing harm to yourself or another person
• The treatment order will get you the treatment you need immediately
• You won’t get the treatment voluntarily

     Your rights

• You have the right to a second opinion about the treatment criteria applying to you and your treatment, and its effects on you.
• You can ask for a reassessment
• Your parent or guardian or some other person or entity can request this
• You have the right to complain about how you are being cared for
• You have the right to a lawyer to advocate for you

Need expert legal advice? Contact Vanessa Ash.