The Mental Health (Compulsory Assessment and Treatment) Act 1992 was amended on 29 October 2023. |
A Compulsory Treatment Order (CTO) is when a court orders that a person with a mental health disorder must receive treatment for up to 6 months. The person may not need to stay in hospital for the treatment.
If the person is under a Community Treatment Order, they receive treatment in their own home or at some other place stated in the Order.
If a person is under an Inpatient Order, they must stay at the hospital stated in the Order to receive treatment.
The judge will usually make a Community Treatment Order unless they think the person should be in hospital.
A relative of the person, the police or other reputable person can make an application for a CTO.
Generally, applications for a CTO are considered by a judge of the Family Court.
The judge will talk with the person about their situation and any proposed or current assessment and treatment. They’ll ask what the patient thinks about it.
The judge will also talk with the person’s doctor and at least 1 other health professional who is involved with the person’s treatment. The judge may also talk to other people about their treatment.
After talking to the person, if the judge decides the person doesn't need compulsory treatment, they will order such treatment to cease immediately and the person to be released from care.
However, if the judge thinks that the patient needs compulsory treatment, they will hold a hearing to consider the doctor’s application for a CTO or (if applicable) why the order should continue.
The court may ask a social worker, doctor or other qualified person to prepare a report about the person’s condition. The court may also call witnesses to give evidence about the person. Usually, the person will attend the hearing. The hearing is private and not open to the public.
The person’s caregiver, welfare guardian or mental health officers can ask for the decision to be reviewed by a review tribunal.
The maximum amount of time a CTO can apply for is 6 months. It can be stopped any time before that by the person’s doctor if they think it appropriate. If the doctor believes the person still needs compulsory treatment, they can apply to the court to extend the CTO for another 6 months.
At the end of the extension, the doctor can apply for a further 12 months extension of the order if necessary.
The doctor will review the person’s condition every 6 months. If the doctor decides they no longer need compulsory treatment, they will give the person a certificate as proof of their decision, with a copy to the person’s caregiver, welfare guardian or mental health officers if applicable.
If the doctor believes the person still needs compulsory treatment at the end of the 12 months extension, they can apply to the court to extend the order again by another 12 months. This process will continue unless the doctor decides the person no longer need compulsory treatment.
Note: For application to extend a compulsory treatment order either by 6 months or 12 months, the person can consent to dispense with examination and hearing. The consent from the person must be given on the advice of their lawyer and provided in writing to the court and the Director of Area Mental Health Services.
Visit the Ministry of Health website for more information or download a copy of the Patient’s consent form here. (Patient's Consent Form [PDF, 116 KB])
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