Clause 13

This section applies if the court is satisfied on a balance of probabilities that as a result of a respondent’s (X) unreasonable interference with the respondent’s neighbour’s (Y) enjoyment or use of the place of residence that Y resides in —

an action on a claim under section 4, brought on or after the appointed date, by Y has been made out against X;

X failed to comply with an order of court made under section 5 pursuant to an action on a claim brought on or after the appointed date;

X failed to comply with a settlement agreement treated as an order of court under section 31A and registered on or after the appointed date; or

X failed to comply with a special direction made under section 6 for failure to comply with an order of court or settlement agreement mentioned in paragraph (b) or (c), respectively.Power to make mandatory treatment orders(2) The court may make a mandatory treatment order requiring X to undergo psychiatric treatment for a specified period, but X must not be subject to one or more mandatory treatment orders for a total period longer than 36 months in respect of the same basis for the court’s satisfaction in subsection (1).(3) A mandatory treatment order may be made —

on the initiative of the court; or

on an application by —

Y; or

the Director‑General.Preliminary grounds(4) Before making a mandatory treatment order, the court must have reasonable grounds to believe that —

X is likely to be suffering from a psychiatric condition; and

the psychiatric condition is likely to be a contributing factor for X’s conduct or behaviour that was the basis for the court’s satisfaction in subsection (1).(5) Before deciding whether reasonable grounds exist for the purpose of subsection (4), the court —

may call for a preliminary assessment report by a specified psychiatrist; and

must consider any prescribed matter.(6) If the court calls for a preliminary assessment report, the court —

may order X to attend before the specified psychiatrist at the times and places required by the specified psychiatrist; and

must cause a copy of the report to be extended to —

X; (ii)X’s advocate and solicitor; or (iii)X’s representative mentioned in section 29(2).(7) There is no appeal against any decision of the court to call for or not to call for a preliminary assessment report.Calling for formal assessment report(8) If the court considers that reasonable grounds exist for the purpose of subsection (4) —

the court must call for a formal assessment report on X by an appointed psychiatrist; and

subsections (9) to (13) apply to the preparation of the report.(9) The court may order X to —

reside in a psychiatric institution for observation for one or more periods (each not exceeding 3 weeks) as the court thinks fit; or

attend before the appointed psychiatrist at a psychiatric institution at the times required by the appointed psychiatrist.(10) The appointed psychiatrist must assess and report whether —

X is suffering from a psychiatric condition;

the psychiatric condition is a contributing factor for X’s conduct or behaviour that was the basis for the court’s satisfaction in subsection (1);

the psychiatric condition is susceptible to treatment; and

X is suitable for the treatment.(11) In assessing whether X is a person suitable for treatment for his or her psychiatric condition, the appointed psychiatrist may consider the following factors:

whether X is likely to attend the treatment sessions at the times and places required by the appointed psychiatrist;

X’s physical and mental state;

X’s financial standing and ability to pay all or any part of the cost of the treatment that is reasonable for X to pay.(12) X may submit a report by another psychiatrist, engaged by X, to the appointed psychiatrist within —

3 weeks after the date the court calls for the formal assessment report; or

any longer period allowed by the court.(13) Before making the formal assessment report, the appointed psychiatrist must consider any report submitted by X under subsection (12).(14) The court must cause a copy of the formal assessment report to be given to —

X; (b)X’s advocate and solicitor; or (c)X’s representative mentioned in section 29(2).Matters to be certified before mandatory treatment order may be made(15) A mandatory treatment order may only be made if the formal assessment report certifies all the following matters:

X is suffering from a psychiatric condition;

the psychiatric condition is a contributing factor for X’s conduct or behaviour that was the basis for the court’s satisfaction in subsection (1);

the psychiatric condition is susceptible to treatment;

X is suitable for the treatment.(16) A mandatory treatment order must not be made if the formal assessment report certifies that the appointed psychiatrist is not satisfied as to any of the matters specified in subsection (15).(17) The formal assessment report is to be taken to be final and conclusive as to the matters specified in subsection (15).Contents of mandatory treatment order(18) A mandatory treatment order may require X to reside in —

a psychiatric institution; or

a prescribed place that provides psychiatric treatment,during the whole or a specified part of the period during which X is required by the order to undergo psychiatric treatment.(19) However, the requirement in subsection (18) may be imposed only if it is recommended by the appointed psychiatrist.(20) A mandatory treatment order may include conditions specified by the court.Explanation of mandatory treatment order(21) Before making a mandatory treatment order, the court must explain to X in ordinary language —

the purpose and effect of the order, and in particular the obligations of X as specified in subsection (22);

the consequences that may follow if X fails to comply with any of those obligations, or any conditions or requirements of the order; and

that the court has the power, under subsection (23), to vary or revoke the order on an application by the appointed psychiatrist.Obligations of person under mandatory treatment order(22) If the court makes a mandatory treatment order, X must, while the order is in force —

attend the treatment sessions at the times and places required by the appointed psychiatrist;

comply with all other conditions in connection with X’s treatment as the appointed psychiatrist may require; and

comply with all other conditions or requirements of the order.Variation and revocation of mandatory treatment order(23) A mandatory treatment order may be varied or revoked by the court on an application by the appointed psychiatrist.(24) A variation of a mandatory treatment order may include —

reducing or extending the period that X has to undergo psychiatric treatment; and

varying the conditions or requirements of the order.(25) However, the period for which X has to undergo psychiatric treatment under a mandatory treatment order must not be extended beyond 36 months after the date the order is first in force.(26) An application to vary or revoke a mandatory treatment order must be accompanied by the appointed psychiatrist’s report on —

the extent to which X has complied with the order; and

any progress X has made in the treatment.(27) In deciding whether to vary or revoke a mandatory treatment order, the court must consider —

the report by the appointed psychiatrist; and

any change of circumstances after the order was made.Contempt of court(28) To avoid doubt, X commits contempt of court if he or she intentionally contravenes subsection (22) or an order under subsection (6)(a) or (9). Regulations(29) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order, including but not limited to, prescribing the matters and places mentioned in subsections (5)(b) and (18)(b), respectively.Definitions, etc.(30) In this section —“appointed date” means the date of commencement of section 13 of the Community Disputes Resolution (Amendment) Act 2024;“appointed psychiatrist” means a psychiatrist appointed by the Director‑General of Health for the purposes of this section;“psychiatric institution” has the same meaning given by section 2(1) of the Mental Health (Care and Treatment) Act 2008;“specified psychiatrist” means a psychiatrist, or a registered medical practitioner in post‑graduate psychiatry training, specified by the court calling for a preliminary assessment report under subsection (5)(a).(31) To avoid doubt, this section does not apply to any criminal proceedings or affect the application of section 339 of the Criminal Procedure Code 2010 in criminal proceedings.”.