In the Matter of Daniel (Mental Health)

This case involves an application for a psychiatric treatment order (PTO) in relation to Daniel, who has a well-established diagnosis of schizophrenia. The application was made by the Chief Psychiatrist’s delegate, and the Tribunal heard the matter over three hearings. The Tribunal was required to determine whether Daniel met the statutory criteria for a PTO under section 58(2) of the Mental Health Act 2015 (MH Act). The Tribunal found that Daniel met all the criteria and made the PTO.

The Tribunal found that Daniel had a mental illness, that he did not have decision-making capacity in relation to some elements of his treatment and care, and that he refused treatment. The refusal was not of treatment in its totality, but rather of treatment in a practical sense, meaning that the treatment being provided was suboptimal and had been so for a considerable period of time. This had limited the ability of the treating team to fully engage Daniel and provide him with the treatment he needed. The Tribunal also found that Daniel was likely to do serious harm to himself or someone else if not treated, and that his condition would likely continue to grow worse over time. The Tribunal was satisfied that psychiatric treatment was likely to result in an improvement in Daniel’s psychiatric condition and that the treatment could not be adequately provided in another way that would involve less restriction of Daniel’s freedom of choice and movement.

The Tribunal Orders:
1. The Tribunal makes a Psychiatric Treatment Order in relation to Daniel.
2. Daniel must comply with any determination made by the Chief Psychiatrist or delegate under section 62 of the Mental Health Act 2015.
3. Unless sooner revoked, this order has effect for 6 months from 19 November 2024.
4. The Tribunal will review this order on its own motion prior to expiry.