community treatment orders and who can apply
What is a Community treatment order?
If a person has a mental illness and requires treatment to protect themselves and/or others from harm, but the person is unable to or does not agree to receive treatment, then a community treatment order can be made by authorised medical and health professionals and by SACAT to ensure that the person receives that treatment.
A community treatment order can only be made when there is no less restrictive way of ensuring that a person gets the appropriate treatment.
Level 1 Community treatment order
A medical practitioner or authorised health professional may make a Level 1 Community treatment order (CTO).
That order can only be made for a period of up to 42 days.
Level 2 Community treatment order
An application can be made to SACAT for a Level 2 Community treatment order (CTO). An application can be made whether or not a Level 1 CTO exists or has previously been made but has expired.
What does SACAT consider when making a Level 2 Community treatment order?
SACAT will consider whether
- the person has a mental illness and
- because of the illness, the person requires treatment either for his/her protection from harm or for the protection of others from harm and
- the person has impaired decision-making capacity and
- there is no less restrictive means than a Community treatment order of ensuring appropriate treatment of the illness
- in considering whether there are less restrictive means SACAT must consider whether the person would be able to receive appropriate treatment on a voluntary basis
Who can apply for a Level 2 Community treatment order?
An application for a Level 2 CTO can be made by
- the Public Advocate
- a medical practitioner
- a mental health clinician
- a guardian, medical agent, relative, carer or friend of the person
- any other person who can satisfy SACAT that he or she has a proper interest in the person’s welfare
An application can be made to SACAT for a Review of a SACAT decision (Internal Review) regarding a Level 2 Community treatment order.