TABLE 1.

Victoria’s Outpatient Commitment: Community Treatment Orders

Outpatient commitment orders require individuals to accept outpatient treatment or hospital release conditioned on treatment compliance.

Victoria’s Eligibility Criteria: All of the following must obtain,

The person appears to be mentally ill; and, Their illness requires immediate treatment that can be obtained … For health or safety (whether to prevent a deterioration in physical or mental condition or otherwise) or for community protection; and, The person has refused treatment or is unable to consent to necessary treatment; and, No less restrictive option is available.

How is outpatient commitment implemented in Victoria?

An authorised psychiatrist makes the Order (s.14 (1)) and the authorised psychiatrist or their delegate must monitor the treatment (s.14 (2)(a)). Patients may be placed on orders following hospital discharge or directly from the community. The Order can be extended indefinitely (s.14 (7)). The Order can be revoked by an authorised psychiatrist for non-compliance (s.14 (4)(b)). Patients whose treatment orders are revoked may be apprehended by the police and taken to an inpatient facility (s.14 (4A)). Entry to hospital occurs with somewhat less involved procedural safeguards than that of a direct admission. It is in effect a return from conditional leave.

Patient Obligations?

Compliance with the order extends to requiring people to live in a particular apartment, take prescribed medications, and attend counseling sessions.

What type of oversight is required?

Mental health review board hearing within eight weeks. Mental health review board review within 12 months. Review hearing on request by Mental Health Review Board (psychiatrist, attorney, mental health board staffers).