Victorian Numbered Acts

DISABILITY AMENDMENT ACT 2012 (NO. 22 OF 2012) - SECT 79

After section 196 of the Principal Act insert —

        " 196A     Application for determination regarding expiry of supervised treatment order

    (1)     If a person is subject to a supervised treatment order, the Authorised Program Officer must apply to VCAT for a determination regarding the expiry of the supervised treatment order as soon as practicable within 60 days of the day on which the supervised treatment order will expire.

    (2)     The Authorised Program Officer must notify the following persons of any application that he or she makes under subsection (1)—

        (a)     the Public Advocate;

        (b)     the person with a disability who is subject to the supervised treatment order;

        (c)     the Senior Practitioner.

    (3)     On an application under subsection (1), VCAT may—
s. 79

        (a)     if VCAT is satisfied that the matters specified in section 191(1) currently apply and will continue to apply after the day on which the supervised treatment order will expire, order the Authorised Program Officer to apply under section 191 for a new supervised treatment order to take effect on the day that the current supervised treatment order will expire; or

        (b)     if VCAT is satisfied that the matters specified in section 191(1) currently apply but will not apply after the day on which the supervised treatment order will expire, dismiss the application and allow the supervised treatment order to expire on that day; or

        (c)     if VCAT is not satisfied that the matters specified in section 191(1) currently apply, revoke the supervised treatment order.".