60F. Mandatory treatment orders

This section applies if the court makes a protection order to restrain X from committing family violence against Y.

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 longer than 36 months in respect of the same protection order.

A mandatory treatment order may be made —

A mandatory treatment order may be made —

Before making a mandatory treatment order, the court must have reasonable grounds to believe that —

Before deciding whether reasonable grounds exist for the purpose of subsection (5), the court —

If the court calls for a preliminary assessment report, the court —

There is no appeal against any decision of the court to call for or not to call for a preliminary assessment report.

If the court considers that reasonable grounds exist for the purpose of subsection (5) —

The court may order X to —

The appointed psychiatrist must assess and report whether —

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

X may submit a report by another psychiatrist, engaged by X, to the appointed psychiatrist within —

Before making the formal assessment report, the appointed psychiatrist must consider any report submitted by X under subsection (13).

The court must cause a copy of the formal assessment report to be given to X or X’s advocate.

A mandatory treatment order may only be made if the formal assessment report certifies all the following matters:

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 (16).

The formal assessment report is to be taken to be final and conclusive as to the matters specified in subsection (16).

A mandatory treatment order may require X to reside in —

However, the requirement in subsection (19) may be imposed only if it is recommended by the appointed psychiatrist.

A mandatory treatment order may include conditions specified by the court.

Before making a mandatory treatment order, the court must explain to X in ordinary language —

If the court makes a mandatory treatment order, X must, while the order is in force —

A mandatory treatment order may be varied or revoked by the court on an application by the appointed psychiatrist.

A variation of a mandatory treatment order may include —

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.

An application to vary or revoke a mandatory treatment order must be accompanied by the appointed psychiatrist’s report on —

In deciding whether to vary or revoke a mandatory treatment order, the court must consider —

If the protection order against X ceases to have effect —

A person commits an offence if the person, without reasonable excuse, contravenes —

A person who is guilty of an offence under subsection (30) shall be liable on conviction to a fine not exceeding $2,000.

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.

However, for the purposes of subsection (19)(b), a prescribed place is to be prescribed by rules made under section 180.

In this section —

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.