Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsection (3), before an authorised psychiatrist completes an assessment of a person who is subject to an Assessment Order, a registered medical practitioner or mental health practitioner may vary the Assessment Order from—
(a) a Community Assessment Order to an Inpatient Assessment Order; or
(b) an Inpatient Assessment Order to a Community Assessment Order.
(2) A registered medical practitioner or mental health practitioner may only vary a Community Assessment Order to an Inpatient Assessment Order if the registered medical practitioner or mental health practitioner is satisfied that assessment of the person subject to the Order cannot occur in the community.
(3) A registered medical practitioner or mental health practitioner who varies an Assessment Order must—
(a) notify the authorised psychiatrist of the relevant designated mental health service that the Assessment Order has been varied; and
(b) give the authorised psychiatrist a copy of the varied Order; and
(c) ensure that reasonable steps are taken—
(i) to inform the person who is subject to the varied Assessment Order that the Order has been varied; and
(ii) to give the person a copy of the varied Order and a copy of the relevant statement of rights; and
(iii) to explain the purpose and effect of the variation to the person.
(4) As soon as practicable after being notified under subsection (3) that the Assessment Order has been varied, the authorised psychiatrist must ensure that reasonable steps are taken—
(a) to inform the following persons in relation to the person who is subject to a varied Assessment Order that the Order has been varied—
(i) the nominated person;
(ii) a guardian;
(iii) a carer, if the authorised psychiatrist is satisfied that the variation will directly affect the carer and the care relationship;
(iv) a parent, if the person is under the age of 16 years;
(v) the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order; and
(b) to give the persons referred to in paragraph (a) a copy of the varied Order and the relevant statement of rights.
(5) A person whose Community Assessment Order is varied to an Inpatient Assessment Order and who is not already at a designated mental health service must be taken to the designated mental health service as soon as practicable after the Order is varied.