Varying or Revoking Community Treatment Orders
It is possible to ask the Tribunal to vary or revoke a CTO. However, an application may only be made (s65(3)) if:
- there has been substantial or material change in the circumstances surrounding the making of the order; or
- relevant information not available when the order was made has become available.
An application may only be made:
- by the affected person; or
- by the psychiatric case manager implementing the order; or
- by a person who could have applied for the order.
Typically a variation is needed when the client has moved into a different area, or there has been a substantial change in the treatment plan. For example, a new medication has been introduced which requires regular blood tests and this is not covered in the original treatment plan.
The mental health facility currently responsible for the CTO is the only facility that can apply for a variation of the order (see Attachment 4 – Application form for a variation of an order).
The Tribunal may revoke a CTO if the criteria set out above are met.
However, the Director of community treatment of a mental health facility may also revoke a CTO if of the opinion that the subject person is not likely to benefit from a continuation of the order (s66). Before revoking a CTO, the Director must consult the subject person and if reasonably practicable to do so, any designated carer or principal care provider. If the Director revokes a CTO there is no need for a Tribunal hearing. However, the Director must notify the Tribunal in writing if a decision is made to revoke a CTO or not to apply for a further order. (s66(3))