“The Tribunal and therefore the Court, is required to consider carefully the nature and content of a proposed treatment plan, first in order to be satisfied that no other care of a less restrictive kind would be appropriate, and also to determine that the proposed care would benefit the affected person. Furthermore, an assessment must be made of the matters identified in subs (7) to determine the appropriate duration of a community treatment order”. The importance of applying the s53(7) legal test for duration of the CTO is seen in the Court of Appeal decision Z v Mental Health Review Tribunal [2015] NSWCA 373– per Basten AJ. Length of Community Treatment Orders (CTOs) The Mental Health Review Tribunal (the Tribunal) has provided clarification on the length of CTOs. The Tribunal has advised that there is no statutory fixed period for a CTO . The CTO is also not a fixed 6-month order, it is an order made pursuant to section 53 of Mental Health Act 2007 (the Act), for not longer than 12 months. This timeframe considers the time it takes to stabilise the condition of the affected person and to establish or re- establish a therapeutic relationship between the person and the person’s psychiatric case manager under The Act (s53(7)). It may be nominated as any period that the evidence supports, addressing the matters that must be considered as per the legal test outlined in section 53 (7) of the Act. The Tribunal further notes that: Each case must be decided on its unique facts, and proper application of the legal test. Psychiatric case managers should determine the length of the order sought, up to a 12-month limit, and be able to inform the Tribunal how, on application of the above-mentioned test, they have formed that view. The test is always to be guided by the principles for care and treatment, found in section 68 of the Act, including the principle that best possible care and treatment is to be given in the least restrictive manner. The Tribunal expects a significant number of listings for CTOs in March to May 2026. This is due to the Tribunal last year pushing back CTO expiry dates from 15 December 2025 to beyond February 2026. The Tribunal encourages the community treating teams to submit applications as early as possible so that they can try to meet the listing of these matters during the above noted periods. The Tribunal will triage urgent CTO applications if advised by the treating team.
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