What may happen at the end of Mental Health Act orders?

Legal Services Commission of South Australia

What may happen at the end of Mental Health Act orders?

Order	Max Length	What next?	Comments
Level 1 Community Treatment Order	28 days	end	At the compulsory Board review before the end of the order, the Board must revoke the order unless a level 2 community treatment order is appropriate [s15(3)].
		L2 CTO	The Board can order a level 2 community treatment order.
		L1 D&TO	A psychiatrist or Approved Medical Practitioner may revoke the order and convert it to a level 1 detention order (a Board review will occur [s79(1)(a)] as well as the process for a level 1 detention and treatment order).
Level 2 Community Treatment Order	12 months	detention order may override CTO	A level 1 detention and treatment order (possibly followed by a level 2 detention and treatment order) may be made while a person is subject to a CTO. The requirements of the CTO do not apply while any detention order is in place. If the detention order ends while there is still time to run on the CTO, the CTO will apply again.
		end
		further L2 CTO	Not less than two months before the expiry of an order, the applicant (not the patient) or other relevant person must be reminded of the expiry date [s16(6)]. The applicant can decide whether to re-apply.
		L1 CTO or L1 D&TO	If the applicant does not re-apply and further issues arise, either a L1 CTO or L1 D&TO can be made.
Level 1 Detention and Treatment Order	7 days	end
		further L1 D&TO	If the detention and treatment order was made less than 7 days after the expiry or revocation of a previous detention and treatment order, the Board must review the order as soon as practicable [s79(1)(c).
		L2 D&TO	If a level 1 detention and treatment order has been made by a psychiatrist or AMP OR if a level 1 detention and treatment order has been confirmed by a psychiatrist or AMP, AND the level 1 order has not ended THEN a psychiatrist or AMP may make a level 2 detention and treatment order.
Level 2 Detention and Treatment Order	42 days	end
Level 2 Detention and Treatment Order	42 days	L3 D&TO	Before the end of the L2 D&TO, an application may be made to the Board for a L3 D&TO [s29(3)].
Level 3 Detention and Treatment Order	12 months	end
		further L3 D&TO	Before the end of the L3 D&TO, an application may be made to the Board for a L3 D&TO [s29(3)].
		L2 CTO	On application, the Board may convert the order to a L2 CTO.