The Mental Health Court can issue different types of orders, including forensic, custody, detention, examination, non-contact, and confidentiality orders.
The court may also decide that no order is necessary, for example where treatment occurs voluntarily or the risk to community safety is low.
This section explains how and when the court makes examination, forensic, non-contact, and confidentiality orders.
Examination order
A court-nominated psychiatrist or health practitioner must assess a defendant as required by an examination order. This may happen if existing reports don’t address certain issues.
The court can make this order:
- on its own initiative
- based on a recommendation from an assisting psychiatrist
- after a request from the Director of Public Prosecutions.
The court can send the defendant to an approved mental health facility for an examination if needed.
Forensic order
A forensic order places the defendant under the authority of the Chief Psychiatrist or the Director of Forensic Disability. The court will also decide whether the defendant is detained in an authorised mental health service or will receive treatment and care in the community.
The court:
- must make a forensic order if the alleged offender was of sound mind during the offence but is temporarily unfit for trial
- may make a forensic order if the person was of unsound mind at the time of the alleged offence or is permanently unfit for trial
- won’t make a forensic order if the person was not of unsound mind and is fit for trial. In this case, the matter is returned to the criminal courts.
When deciding on a forensic order, the court considers:
- the seriousness of the offence
- the person’s treatment needs
- the protection of the community.
If no forensic order is made, the court may issue a non-contact order (see below) for violent offences.
Read about reviews of forensic patients and when forensic orders end.
Non-contact order
A non-contact order prevents the alleged offender from contacting a specific person. The court can make this order if:
- the person was of unsound mind during the offence or is permanently unfit for trial
- no forensic order is made
- the person was charged with an indictable offence against another person.
This order may:
- stop the offender from contacting a victim, a relative of a deceased victim, or an associate of a victim for up to two years
- prevent the offender from visiting certain places for up to two years.
What occurs when a non-contact order is issued?
Once issued, the order is lodged with the nearest Magistrates Court and sent to the Commissioner of Police for enforcement, who sends it to the appropriate operational area.
If someone breaches a non-contact order, the police should be notified. Intentional breaches can result in penalties or changes to the order by a Magistrates Court.
Confidentiality order
A confidentiality order prevents the alleged offender from accessing information provided to the Mental Health Court, such as documents filed or received.
The court can make this order if disclosing the information would:
- seriously harm the alleged offender’s health
- threaten someone’s safety.
Victims of crime who believe a confidentiality order is necessary should inform the victim liaison officer at the Office of the Director of Public Prosecutions. If the court issues the order, the information must still be shared with the alleged offender’s legal representatives.
Breaching a confidentiality order without a reasonable excuse can result in fines.
