Clarification over Compulsory Mental Health Treatment Criteria

Victoria Legal Aid recently undertook representation of a client who was subject to compulsory treatment. The VCAT found that the criteria for a Community Treatment Order was not satisfied that the treatment criteria in Section 5 of the Mental Health Act 2014 (Vic) had been satisfied.

In summary, they found: (1) that the person, while having a past diagnosis of schizophrenia, did not show a present serious disturbance of thought, mood or perception; (2) the person did not need immediate treatment as they demonstrated a capacity for self-care and seeking assistance as well as adequate family/community supports; and (3) that a less restrictive means was available – that being voluntary treatment in the community using the person’s identified supports.

Read VLA’s summary here.

Or read the full transcript here.


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