Making and confirming/revoking level 1 orders

Amendments to the Mental Health Act 2009 in 2012 have caused changes to the name of inpatient orders and to the processes for making and reviewing all Level 1 orders.

Detention and Treatment Orders level 1, 2 or 3 are now known as Inpatient Treatment Orders level 1, 2 or 3.

Level 1 orders, both Community Treatment Orders (CTOs) and Inpatient Treatment Orders (ITOs), must now be made and confirmed/revoked in two separate stages using two separate forms.

Downloadable copies of these forms are available on the Mental health legal orders page.

Making an order

  • A level 1 order may be made by a medical practitioner or authorised health professional after the examination of a patient and must use the Community treatment order level 1 form or the Inpatient treatment order level 1 form. Forms are available from Office of the Chief Psychiatrist website.
  • The clinician making the order must set the expiry date, which will be at 2pm on a business day no later than:
    • 28 days after the day on which it was made for a CTO level 1.
    • 7 days after the day on which it was made for an ITO level 1.
  • Notification of the making of the level 1 order must be made to the Guardianship Board and to the Office of the Chief Psychiatrist within 1 business day.

Reviewing and conforming/revoking an order

  • Within 24 hours, or as soon as practicable after a level 1 order is initiated, a psychiatrist or authorised medical practitioner must examine the patient and either confirm or revoke the order.
  • The psychiatrist or authorised medical practitioner reviewing an order must use the Confirmation/revocation of a treatment order level 1 form.
  • Notification of the review and confirmation/revocation of the level 1 order must be made to the Guardianship Board and to the Office of the Chief Psychiatrist within 1 business day.

Correcting or subsequently revoking an order

  • The clinician making an order and the psychiatrist or authorised medical practitioner reviewing an order may correct errors or omissions in that order.
  • A psychiatrist or authorised medical practitioner may examine a patient and revoke a previously confirmed level 1 order at any time, using the Revocation of a treatment order form (PDF 542KB).