An authorised psychiatrist has the power to vary a person’s temporary treatment order or treatment order from a community to an inpatient order and vice versa (s. 58).
The duration of the order is unaffected, but if a community order is varied to an inpatient order it triggers a hearing at the Mental Health Tribunal within 28 days (s. 58(5)).
When making any of these decisions, the authorised psychiatrist must also have regard to the mental health principles.
Varying a person’s order does not affect their rights to apply to the Mental Health Tribunal for the order to be revoked. If a person’s order has been varied before their hearing, the hearing will still proceed but the venue and date may change. For more information, see The Mental Health Tribunal – its role and powers.
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