Mental Health (Compulsory Assessment and Treatment) Act 1992, s 14

If, during your second period of assessment (see: “Step 7: The certificate of final assessment”), your responsible clinician decides that you are not “fit to be released”, the responsible clinician must apply for a compulsory treatment order. This is the only way a patient at this stage can be made to continue to receive treatment.

Note: If your responsible clinician doesn’t apply for a compulsory treatment order before the end of the 14-day second period of assessment and treatment, you will not have to receive any further treatment.

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 14A

After the responsible clinician applies for a compulsory treatment order, you must be sent the following information:

• a copy of the certificate of final assessment
• a statement of the legal consequences of the finding set out in the certificate of final assessment
• a statement informing you of your right to appear before the court and your right to be heard.

A copy of this information will also be sent to:

• the person who applied for you to be assessed under the Mental Health Act
• your principal caregiver (if you have one)
• your usual GP or nurse
• your welfare guardian (if you have one)
• a district inspector or official visitor
• the Director of Area Mental Health Services.

The district inspector must visit you if possible, or telephone or write to you and give you information about the hearing and your rights.

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 15

Once the responsible clinician applies for a compulsory treatment order, you have to receive assessment and treatment for up to another 14 days. The responsible clinician will decide whether this treatment will happen in hospital or in the community.

This second 14-day period can be extended for up to another month. This might happen if, for example, your lawyer needs more time to prepare their case for the hearing or the responsible clinician thinks there is a chance that your condition will improve in this time and a compulsory treatment order may not be necessary. During this period, your patient rights under the Mental Health Act continue to apply.

Note: If the application for a compulsory treatment order is not heard by a judge within 14 days, or the period of time is not extended, the patient must be released from compulsory status.

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 17

After the responsible clinician has applied for a compulsory treatment order, there will be a hearing before a Family Court (or District Court) Judge to decide whether you should be under a compulsory treatment order or not.

You can represent yourself, but it is a good idea to have a lawyer to represent you. Even if you have a lawyer, you can speak at the hearing. A district inspector or staff member at the hospital can help you find a lawyer. If you cannot afford to pay for a lawyer, you may be able to get an approved lawyer from the Mental Health Providers Roster on Legal Aid (see: “Legal Aid and other legal help”).

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 18

If you are in hospital, the hearing will probably be held there. If you are not in hospital (because you are being treated in the community), the hearing will probably be held at the hospital nearest to where you live. The hearing can also happen at your place in some cases.

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 19

Yes. As the patient, you have a right to go to the hearing and to speak there. The judge is required to examine you and you should be present. However, you can be excluded from the hearing if:

• the judge thinks it would be in your best interests not to be at the hearing, or
• you would not be able to understand what the hearing is about, or
• being at the hearing would cause you serious mental, physical or emotional harm.

Note: You could also be made to leave the hearing at any stage if you become very disruptive. The hearing would then continue without you being present.

Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 19, 24

The hearing is not open to the public. Only these people can attend:

• the judge and officers of the court (often security officers)
• your lawyer (if you have one)
• your interpreter (if you need one)
• your responsible clinician and any other health professionals involved with your treatment
• any of the people who were sent a copy of your certificate of final assessment (see: “Step 1: Applying for a compulsory treatment order”).

If you do not want any of these people to be at the hearing, you need to talk to your lawyer or the judge. In exceptional circumstances, the judge can exclude people from the hearing.

Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 20, 22, 23

The judge will ask your responsible clinician why they think you need to be under a compulsory treatment order. Other people involved with your treatment and care may also be asked to give evidence about your condition.

You or your lawyer can ask the responsible clinician (and any witnesses) questions about what they have said. You can tell the judge what you would like to happen and can also call your own witnesses.

Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 27, 28

At the end of the hearing, the judge will determine whether or not you have a “mental disorder” and will then decide:

• whether or not a compulsory treatment order is necessary, and if so,
• whether the order will be a community treatment order or an inpatient order.

Alternatively, the judge might decide to put off (“adjourn”) the hearing to see whether your condition improves with medication. If so, it might not be necessary to make a compulsory treatment order.

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 27

The Mental Health Act says that a judge can only make a compulsory treatment order if:

• the patient has a mental disorder, and
• it is necessary to make a compulsory treatment order.

Note: If you have a mental disorder but the judge believes that you will follow your treatment, or that you have somebody to help you manage your care, a compulsory treatment order may not be necessary.

Mental Health (Compulsory Assessment and Treatment) Act 1992, ss 28–31

There are two kinds of Compulsory Treatment Orders:

• Community treatment orders – This order means you will be live and be treated in the community. For example, you might live in supported accommodation and receive treatment at a community mental health service, or live at home and receive treatment at home.
• Inpatient orders – This order means you will stay in hospital and receive treatment at the hospital. You can still be allowed to leave the hospital for a specific amount of time (”given leave”).

Mental Health (Compulsory Assessment and Treatment) Act 1992, s 28

Community-based care is an important part of the Mental Health Act. You should be placed under a community treatment order unless it wouldn’t be possible to give you suitable treatment in the community. Before making a community treatment order, the judge must be satisfied that:

• the available care and treatment is appropriate to your needs, and
• your social circumstances are adequate for your care within the community.