Can they force my sister to come back for treatment?
My sister was recently diagnosed with mental illness after she was hospitalised for trying to kill herself. She was released from hospital under a community treatment order (CTO). This meant that she had to take her medication and attend regular appointments at our local mental health service. Last week she told me she needed to get away for a while. We live in NSW and she called me two days later from Victoria. I think she took her medication with her but I am not sure. What will happen to her now? Can they make her come back?
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Answer by Michelle Whitehead, Camden 2570 NSW
- There are reciprocal arrangements between NSW and Victoria with regard to community treatment orders (CTO).
- If your sister breaches her CTO by failing to take her medication or by not attending for regular check-ups she will be dealt with under the Victorian law.
- It is most important that your sister make contact with her authorised psychiatrist and her case manager and discuss with them how she can continue to comply with her CTO while she is interstate.
- She may be requested to return to NSW if it is considered necessary for her treatment.
- If she refuses to agree to this request or does not apply to vary her CTO so she can continue her treatment a Civil Interstate Apprehension Order may be issued.
- If this Order is made then she may be apprehended by any mental health worker, police or ambulance worker and either hospitalised in Victoria or returned to NSW.
- This can only be done if it is considered to be for your sister’s benefit or necessary for her to receive adequate treatment. If she is cooperative and willing to continue her medication she should be able to negotiate an alternative care arrangement.
- The Mental Health Review Board in Victoria has to approve the transfer if your sister is to be returned involuntarily to NSW so if your sister does not think this is in her best interest she should also contact the Board to explain her position. She is entitled to have legal representation at any hearing held by the Board.