Department of Health

Compulsory treatment

The Act promotes voluntary treatment in preference to compulsory treatment wherever possible.

The Act seeks to minimise the use and duration of compulsory treatment to ensure that the treatment is provided in the least restrictive and least intrusive manner possible. The Act achieves this by introducing specific criteria for compulsory treatment, creating Treatment orders that operate for a fixed duration and requiring timely oversight by an independent Mental Health Tribunal.

Ambulance paramedics

Transport for a person with mental illness should be provided by the least restrictive means possible.

Assessment orders

An Assessment order is the first step in compulsory mental health treatment.

Authorised persons

Authorised persons can enter premises, apprehend people, search, and use reasonable force and restraint for the purposes of transport in prescribed circumstances.

Court assessment orders

A Court assessment order may be made by a court where a person is found guilty of an offence or pleads guilty to an offence.

Court secure treatment orders

A Court secure treatment order enables a person to be taken to and detained and treated at a designated mental health service.

Designated mental health services

Designated mental health services provide compulsory assessment and mental health treatment.

Leave of absence under Victoria's Mental Health Act

Leave of absence may be granted to an inpatient to receive treatment or medical treatment or for any other approved purpose.

Police powers under Victoria's Mental Health Act

Police can apprehend a person with mental illness to prevent serious harm to the person or to others.

Secure treatment orders

A Secure treatment order enables an acutely unwell prisoner to receive compulsory treatment.

Temporary treatment orders

Temporary treatment orders authorise the provision of compulsory mental health treatment.

Treatment orders

A Treatment order authorises the provision of compulsory mental health treatment.

Transitional arrangements

Existing orders and procedures under the Mental Health Act 1986 will transition to equivalent provisions in the Mental Health Act 2014.

Reviewed 28 May 2015

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