Treatment and Assessment Orders
An Examination Authority permits a doctor or an authorised mental health practitioner
to examine an individual without their consent, in order to determine if further actions
are necessary to assess their mental state.
An Application for Examination Authority may be suitable when there are concerns
regarding an individual’s mental health that requires evaluation by a doctor or
authorised mental health practitioner, but the patient is refusing to undertake an
assessment.
An Application for Examination Authority should not be used in emergency situations. In
case s of an emergency where a person’s safety is at immediate risk of serious harm,
emergency services should be contacted. In such cases, police and ambulance officers
can issue an Emergency Examination Authority.
Examination Authorities allow a doctor or authorised mental health practitioner to enter
premises to detain and involuntarily assess a person to determine whether a
recommendation for further assessment should be made.
Recommendations for assessments are provided by doctors and authorised mental
health practitioners. A recommendation for assessment allows an authorised doctor to
detain and involuntarily evaluate an individual to decide if a treatment authority should
be established for them.
Forensic orders (Involuntary Treatment) consist of the following types:
• Forensic order (mental health)
• Forensic order (disability)
• Forensic order (Criminal Code)
Forensic orders related to mental health and disability are issued by the Mental Health
Court to ensure community safety.
Forensic Order (Mental Health) enables the involuntary treatment and care of an
individual with a mental health condition, which may also include detention in an
authorised mental health service if required.
Forensic Order (Disability) permits the involuntary care of an individual with an
intellectual disability, which may also involve detention in the Forensic Disability
Service or an authorised mental health service if necessary.
Forensic Order (Criminal Code) are issued by the Supreme Court or District Court
according to sections 613, 645, or 647 of the Criminal Code. They mandate a person’s
admission to an authorised mental health service to be managed under the Mental
Health Act 2016. A forensic order (Criminal Code) allows for the involuntary treatment
and care of an individual for a mental condition, which may also include detention in an
authorised mental health service if necessary.
An involuntary assessment usually occurs if a person’s mental illness stops them
from recognising that they need help, and that they may need to go to a hospital or a
mental health service to be assessed without their consent.
Additional Resources
MHRT TOOLKIT – HERE