A Community Treatment Order (CTO) is a legal order made by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings..
This section outlines: Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More
A Magistrate of a Local Court also has the power under Mental Health and Cognitive ImpairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More Forensic Provisions Act 2020 (NSW) to make a CTO under the Mental Health Act 2007 (NSW). For more information follow this link to Orders.
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. make a CTO when you are on an Involuntary Patient OrderInvoluntary patient orders are used to detain people with a mental illness in a mental health facility where the person does not agree on a voluntary basis to treatment and/or hospitalisation. If a person is detained for treatment in a mental health facility, they may be brought before the Tribunal for a mental health inquiry within 2-3 weeks. At a mental health inquiry, the Tribunal can make an Involuntary Patient Order and set a maximum period of detainment of no longer than three months. The mental health facility must provide the patient with a written statement of their rights before the mental health inquiry. If the mental health facility wishes to extend a person’s involuntary stay beyond the initial period set at the mental health inquiry, then they must apply to the Tribunal for a further Involuntary Patient Order before the first order expires. When making an Involuntary Patient Order the Tribunal must consider whether or not the patient is a “mentally ill person” (as defined in the Act), and if they are at risk of serious harm to themselves or others. If the Tribunal decides that the person is not a “mentally ill person”, or if other care outside the mental health facility of a less restrictive kind is available and appropriate, then the person must be discharged. Discharge can be deferred for a period of up to 14 days by the Tribunal. More; when you are appealing against the Authorised Medical Officer’s refusal to discharge; when you are on a CTO that is about to expire or when there is an application from the community by an authorised person.
Applications can be made by:
An application for a CTO can be made in relation to a person who is:
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. can put you on a CTO at a hearing if:
If you have never been on a CTO before, or have not been on a CTO in the twelve (12) months before the Inquiry, the Tribunal will also consider whether you have been previously assessed as having a mental illness and have a previous history of refusing to accept appropriate treatment.
This means that:
If you have been subject to a CTO in the twelve (12) months immediately before the Inquiry, The Tribunal will also consider whether you will continue in or relapse into an active phase of mental illness if the CTO is not made.
When making a CTO, the Tribunal may consider the efficacy of previous CTOs you have been on (if relevant), medical reports and information about your psychiatric and psychosocial history.
A Community Treatment Plan (Treatment Plan) must set out in general terms an outline of the proposed medication, management, rehabilitation, counselling and other services that are to be provided to you. It must also set out in specific terms the method by which, the frequency with which, and the place at which these services are to be provided.
A Treatment Plan is prepared by a psychiatric case manager (who may call themselves a care coordinator) under delegation from the Director or Deputy Director of a community mental health facility that will be responsible for implementing the CTO, if made, and must be presented to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. for approval.
The Mental Health Act 2007 (NSW) requires that, if it is proposed that you be put on a CTO, every effort that is reasonably practicable must be made to involve you in the development of the Treatment Plan. However, if you refuse to cooperate in the development of the Treatment Plan, it can be developed without your involvement. The ultimate decision about what the Treatment Plan includes will be made by the community mental health facility, even if you disagree with what is proposed.
After discussing the Treatment Plan with you, the case manager/ care coordinator) or a staff member from the community mental health facility (appointed as your case manager/ care coordinator), along with the doctor and/or social worker in hospital (if you are currently a patient of a mental health facility), will finalise the Treatment Plan. Case managers come from several different educational backgrounds including social worker, psychology, occupational therapist and mental health nursing.
The Treatment Plan usually involves a regular meeting between you and the case manager to review your mental state and to support you with any day to day issues (for example in relation to housing, employment, social activities and rehabilitation, physical health, as well as family/ carer support). They must make every effort to understand your personal goals for recoveryIndividual or personal recovery is defined as being able to create and live a meaningful and contributing life within a community of choice, with or without the presence of mental health difficulties. ‘Recovery’ can mean different things to different people; but in general, it means: gaining and retaining hope; understanding of one’s abilities and difficulties; engagement in an active life; personal autonomy; social identity; meaning and purpose in life, and a positive sense of self. More and support you with referrals to other services in the community that you would like to be connected to. This might be for example: connecting you to the NDIS for an assessment, or working with the NDIS care coordinator to see where you can get the services you need and want; connecting with a general practitioner or community managed organisation program or service or helping you with a legal matter. The frequency of these appointments will depend on your situation, but usually you will be required to see your case manager at least once every month. These meetings will usually occur at the community mental health facility. They may occur at your home, only if you and your case manager agree to this.
Sometimes Treatment Plans will also require you to attend the community mental health facility, hospital clinic, or your General Practitioner to be administered medication, particularly if this is by way of intramuscular injection or ‘depot’. This may also occur at your home if you agree to this, and your case manager also agrees.
The Treatment Plan will also require you to meet regularly with your psychiatrist or his or her delegate for psychiatric reviews. The frequency of these appointments will depend on your situation, but usually you will be required to see your psychiatrist at least once every three (3) months. These meetings will usually occur at the community mental health facility but may be at your home if you agree to this, and your psychiatrist also agrees.
The Treatment Plan can specify what medication you must take and how often you must take them and at what times of day.
Depending upon the type of medication, Treatment Plans may also impose other obligations on you, including:
The Treatment Plan should also include obligations on the part of the treating team as well as things the team might encourage you to do because they believe they will assist your wellbeing and recoveryIndividual or personal recovery is defined as being able to create and live a meaningful and contributing life within a community of choice, with or without the presence of mental health difficulties. ‘Recovery’ can mean different things to different people; but in general, it means: gaining and retaining hope; understanding of one’s abilities and difficulties; engagement in an active life; personal autonomy; social identity; meaning and purpose in life, and a positive sense of self. More, such as psychoeducation, rehabilitation and information, alcohol and drug counselling and engagement with physical health programs and work related initiatives.
Note that a treatment plan can’t impose an obligation on you to do something that is unrelated to your mental health conditionThe term mental health condition is a broad term that refers to symptoms that may be caused by life events, genetic factors or birth defects. This condition can be temporary, episodic or lifelong. A mental health condition can include mood, anxiety, personality, psychotic and compulsive disorders. It includes, but is not limited to, those conditions and symptoms recognised as constituting mental illness under the Mental Health Act 2007 (NSW). More. For example, a treatment plan could not require you to attend a dentist, visit the general practitioner or take medication for a physical health condition.
To see a template for a CTO, click this link here
If an application for a CTO is made for you, you must be told in advance when the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will hear the application and you must be given a copy of the proposed Treatment Plan. The person who made the application is responsible for giving you this notice.
Notice can be given in person, by post or by fax.
You must be given fourteen (14) days’ notice, unless:
Where the requirement for a fourteen (14) day notice period does not apply, you should still be given enough time to prepare for the hearing, discuss the treatment plan with your case manager and to seek legal advice if you wish. If you don’t think you have been given enough notice of the hearing you should seek legal advice from a solicitor at the Mental Health Advocacy Service who will be able to advise you as to the requirements for notice in your case and what to do if there has been insufficient notice.
The participants in the hearing before the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will depend on the circumstances in which the application for a CTO has been made.
If you are a patient in a public mental health facility, the Applicant for the Order will usually be represented by an Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More. This will usually be a registrar, but in some cases a consultant psychiatrist or career medical officer will attend the hearing. There will usually also be a nurse, and sometimes also, a hospital based social worker, psychologist, occupational therapist, rehabilitation professional or peer workerA mental health peer worker is someone employed on the basis of their personal lived experience of mental illness and recovery (a consumer peer worker), or their experience of supporting family or friends with mental illness (carer peer worker). This lived experience is an essential qualification for their job, in addition to other skills and experience required for the particular role they undertake. More. The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will usually expect a representative of the community mental health facility that will be responsible for implementing the CTO to attend the hearing, at the very least by phone.
If you are not an inpatient, the Applicant for the Order will usually be represented by the intended case manager of the community mental health facility that will be responsible for implementing the CTO, if it is made. Sometimes a consultant psychiatrist, other medical practitioner, psychologist, occupational therapist or social worker, peer workerA mental health peer worker is someone employed on the basis of their personal lived experience of mental illness and recovery (a consumer peer worker), or their experience of supporting family or friends with mental illness (carer peer worker). This lived experience is an essential qualification for their job, in addition to other skills and experience required for the particular role they undertake. More or mental health worker representing a community managed service from which you received a service will also participate.
You also have a right to attend and participate in the hearing and the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will expect you to be present. It is very important that you do participate so that the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. can hear your views before it makes its decision about the application. If you do not attend the hearing, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. has the power to hear the application in your absence. You can also make your views known by forwarding them to the Tribunal prior to the hearing.
You cannot avoid a CTO being made by not attending the hearing. If there is a good reason why you cannot attend the hearing (for example, it clashes with another important obligation, or you would like a support person to attend, but they are unavailable that day) you should ask for the hearing to be rescheduled (‘adjourned’) to a date when you can attend. The Tribunal would prefer to meet you, but they can call you if you are unable to attend in person.
Other people also can attend the hearing unless the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. refuses to allow them to attend and participate. This includes members of your family, friends, patient advocates, support persons and other lay advocates. It also includes staff of non-government agencies/community managed organisations that may be involved in supporting you in the community (such as a Housing Accommodation and Support Initiative/CLS or National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme worker).
You have a right to be legally represented at a hearing of an application for a CTO. If this application is made at a Mental Health Inquiry you will be provided with legal representation by the Mental Health Advocacy Service. However, legal aid is not automatically available for hearing in relation to any other application for a CTO. It is only available if you specifically apply for legal aid and that application is granted following consideration of your financial means and the merit of your application for assistance.
The maximum length of time for which a CTO may be made is twelve (12) months. However, most orders are made for period of six (6) months. In deciding how long a CTO should be, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. must take into account the length of time it will take to stabilise your mental health conditionThe term mental health condition is a broad term that refers to symptoms that may be caused by life events, genetic factors or birth defects. This condition can be temporary, episodic or lifelong. A mental health condition can include mood, anxiety, personality, psychotic and compulsive disorders. It includes, but is not limited to, those conditions and symptoms recognised as constituting mental illness under the Mental Health Act 2007 (NSW). More, and the length of time it will take to establish, or re-establish a therapeutic relationship between you and your case manager.
If the person applying for a CTO is asking for a longer order, they need to explain why. For example, if you have had a long history of mental illness and repeated admissions to public mental health facilities, a longer order may be seen to be more helpful. Sometimes the case manager will request a twelve (12) months order because the consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More experiences distress about and during hearings, which is detrimental to the person’s wellbeing and their therapeutic relationship with the case manager.
However, the Tribunal may still decide a six (6) month order is more appropriate in view of a diversity of circumstances. For example, you could be strongly opposed to a longer order, you were not told that an application for a longer order had been made or your treatment is still changing.
There is no limit to the number of CTOs that may be made for you. An application to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. for a further CTO will be made before a current CTO lapses. If subsequent applications are granted by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings., you may continue to be subject to compulsory treatment in the community for an extended period of time.
If you are subject to an existing CTO, or were previously subject to a CTO, the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. will consider the effectiveness of that Order as one of the factors in determining if it should make a new order.
A person who is subject to a CTO is legally obliged to comply with the obligations imposed on them by the CTO. Failure to comply with these obligations may lead to a ‘breach’ of the CTO if the director of the community mental health facility decides to take action. This could result in the administration of medication using reasonable force at a community mental health facility, or to the person’s admission to a hospital mental health facility where treatment may be administered with reasonable force if necessary.
If you fail to comply with an obligation imposed upon you by a CTO, the director of the community mental health facility will consider:
The Director of the community mental health facility responsible for implementing the order may do the following things:
Firstly, they must inform you that any further refusal to comply with the order will result in you being taken to a community or hospital mental health facility where you will be treated. This is referred to as a ‘verbal warning’.
If you still do not comply, the Director may send you a letter stating you have breached the order. This is called a ‘breach notice’. The breach notice will require you to accompany a member of staff of the community mental health facility to receive treatment in accordance with the CTO, or to a hospital mental health facility. It will also warn you that the assistance of the NSW Police Force may be obtained to ensure your compliance with the CTO.
If you still do not comply, the Director may make a written ‘breach order’ that will require you to be taken, usually by NSW Police, to a specific mental health facility for treatment. A member of the NSW Police Force, acting on a breach order, is entitled to enter your premises, apprehend you without a warrant and use reasonable forceThe force necessary to prevent someone causing harm to themselves or others. The degree of force used must be proportionate to the degree of threat of harm. More if necessary.
If you are detained in a hospital mental health facility because you have breached a CTO, you must be assessed by an Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More at that facility within twelve (12) hours, and that Officer must determine if you are a mentally ill or a mentally disordered personIn the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More. The Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More has the power to require you to receive treatment on a accordance with your CTO and may authorise reasonable force to ensure that this occurs.
If the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More determines that you are a mentally ill or mentally disordered personIn the Mental Health Act 2007 (NSW), a mentally disordered person is someone whose behaviour for the time being is so irrational as to justify a conclusion on reasonable grounds that temporary care and, treatment or control of the person is necessary for the person’s own protection from serious physical harm or for the protection of others from serious physical harm. More for whom no other care or a less restrictive kind, consistent with your safe and effective care is available, you must be given a Statement of Rights .You can continue to be detained in hospital for further observation and treatment until either:
If the term of your CTO has not expired at the time you are discharged from a mental health facility, your CTO comes back into force upon your discharge.
If you are detained in a mental health facility because you have breached your CTO and you remain in that facility for a period of three (3) months, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More must arrange for you to be reviewed by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings.. At its review, the Tribunal must determine if you continue to be a mentally ill person within the meaning of the Mental Health Act 2007 (NSW), and if there is any less restrictive care available consistent with your safe and effective care. As a result of its Review, the Tribunal may discharge you subject to the terms of your CTO, authorise your continued detention in hospital for the unexpired term of your CTO, or it may make an Involuntary Patient Order authorising your continued detention in hospital.
You, your case manager, or any other person who could have applied for the Order can apply to the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. (MHRT) to have a CTO changed (‘varied’) or cancelled (‘revoked’). The MHRT is unlikely to change or cancel an order unless circumstances have changed significantly since the order was made or there is new information available that wasn’t available when the Order was originally made.
If you want to have your CTO varied or revoked by the MHRT, it is advisable for you discuss this with your case manager first, explaining the reasons why you want this.
The Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. is required to base its decisions on the evidence before it. Consequently, unless you are able to obtain a different assessment or opinion from a psychiatrist (preferably) or another health care professional, the MHRT will only have the evidence and opinions of the community mental health team upon which to base its decision as to whether you should remain on a CTO. There will be costs associated with getting an independent opinion from a psychiatrist.
If you do get a report from another psychiatrist, that psychiatrist should state his or her opinion on the following matters:
The Director of a community mental health facility responsible for implementing a CTO can cancel a CTO at any time if they think you no longer benefit from the order. They must consult you first, and your Designated CarerA designated carer is someone who is entitled to certain information about a consumer’s care and treatment and to be notified of certain events. A designated carer may also be a principal care provider (see below). A designated carer is nominated by the consumer but in many instances identified by treating clinicians as the person or persons who should be consulted about the person’s care and treatment planning and be informed about any related matters such as hearings, medication, discharge and recovery progress. Consumers can now nominate up to two designated carers. A designated carer can also be a person who is a close relative or friend who has frequent contact and interest in the care of a person with a mental health condition. The ‘relative’ of a person who is an Aboriginal or Torres Islander includes a person who is part of the extended family or kin of a person according to the indigenous kinship system of the person’s culture. More and Principal Care ProviderPrincipal care provider (who may also be a designated carer) is the person primarily responsible for providing support or care to a consumer (though not on a commercial basis).The principal care provider is entitled to the same information as a designated carer (unless excluded from being given information by the consumer).They are persons entitled to be informed of a range of matters about the person for whom they provide care, including about their admission, aspects of treatment and discharge. More where practicable.
If you wish to appeal a CTO made by the MHRT, you must go to the Supreme Court. You should seek legal advice.
CTOs can be made for people from another state or territory if they are to be put into effect by a health care facility in NSW.
CTOs made in NSW can be put into effect in another state or territory, depending on the laws of that state or territory. However, NSW Health retains ultimate responsibility for this order and for monitoring you. If you breach a CTO in this situation, then the breach will be dealt with according to that state or territory’s law.
CTOs from Victoria, Queensland, South Australia and the ACT are recognised in NSW and if you are on a CTO from one of these states and territories, your CTO can be implemented in NSW, with you being treated by Community Mental Health in NSW.
Updated February 4, 2021
