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.