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).
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 .
- An inpatient order is by definition more restrictive of a person’s rights than a community order. Before varying to an inpatient order, the authorised psychiatrist must have evidence in order to be satisfied the person cannot be treated in the community.
- When making a decision to vary an order, the authorised psychiatrist must also have regard to the in particular that mental health services promote full participation in community life at s. 11(1)(b).
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Reviewed 23 March 2022