The Law Handbook 2024

Chapter 8.4: Mental illness 831 In considering the report made by the authorised psychiatrist, the court can either make a CSTO if the criteria in section 94B(1) of the Sentencing Act apply or impose a sentence on the person according to law. For more information about CSTOs, see ‘Security patients’, below. Step 2: Temporary treatment order (TTO) A TTO enables a person to be compulsorily treated. If they are being treated in the community this is called a community temporary treatment order ( CTTO ) (s 181(1)(a) MHWA). If they are being detained and compulsorily treated in hospital this is called an inpatient temporary treatment order ( ITTO) (s 181(1) (b)). The person making a TTO in respect of an assessment patient must not be the same person who made the assessment order (s 180(3)) Either type of TTO can be made by an authorised psychiatrist, who assesses a person subject to an assessment order and is satisfied all the treatment criteria are met (s 143), having regard to the views that must be considered (see ‘Views and preferences that must be considered’, below). Treatment criteria The treatment criteria for making a TTO or TO are set out in section 143 of the MHWA, which states that all the following four criteria must apply: 1 the person has mental illness; 2 because the person has mental illness, the person needs immediate treatment to prevent: a serious deterioration in the person’s mental or physical health, or b serious harm to the person or to another person; 3 the immediate treatment will be provided to the person if the person is subject to a TTO or TO; and 4 there is no less restrictive means reasonably available to enable the person to receive the immediate treatment. Views and preferences that must be considered In determining whether the treatment criteria apply, the authorised psychiatrist must have reasonable regard to all the following: • the person’s views and preferences about treatment of their mental illness and the reasons for those views and preferences, including any recovery outcomes that the person would like to achieve; • the views and preferences of the person expressed in his or her advance statement of preferences; • the views of the person’s nominated support person; • the views of a guardian of the person; • the views of a carer of the person, if the authorised psychiatrist is satisfied that making a TTO will directly affect the carer and the care relationship; • the views of a parent of the person, if the person is under the age of 16 years; • the views of the Secretary of the Victorian Government Department of Families, Fairness and Housing ( DFFH ), if the person is the subject of a family reunification order or a care by secretary order. If a TTO is made, the person must be given a copy of the order and a copy of the required statement of rights, and have the purpose of the order explained. The MHT must also be notified, and reasonable steps taken to notify other people, including the person’s nominated support person (see ‘Nominated support person’, below) if they have one (ss 187-188). Setting and duration of a temporary treatment order In making the TTO, the authorised psychiatrist must determine whether to make a CTTO or an ITTO, considering the same views listed above (s 181). The psychiatrist can only make an ITTO if satisfied the person cannot receive treatment in the community (s 181(3)). An ITTO enables the person to be taken to and detained in and treated in a designated mental health service (s 182(3)). The TTO expires after 28 days unless it is revoked or a TO is made before the TTO expires (s 183). However, in exceptional circumstances, the MHT can extend the duration of a TTO for up to 10 business days (s 374). The authorised psychiatrist must immediately revoke the TTO if they determine the treatment criteria no longer apply (s 205). A person subject to a TTO, or another person acting on their behalf, may apply at any time while the order is in force, to the MHT for revocation of the order (s 206).