Forensic Order

An FO is an order made by the Mental Health Court (Court) when it finds a person was of unsound mind at the time they committed a criminal offence or is currently unfit for trial. An FO is made to protect the safety of the community.

The Court may make an FO (mental health) if the unsoundness or unfitness is because of:

• a mental condition other than an intellectual disability; or
• if the person has a dual disability and needs involuntary treatment and care for their mental illness, as well as care for their intellectual disability.

The Court may make an FO (disability):

• if the unsoundness or unfitness is because of an intellectual disability; and
• the person needs care for their intellectual disability, but does not need treatment and care for any mental illness.

An FO means that a person can receive treatment and care for their mental illness and/or care for their intellectual disability even if they do not agree to it.

This treatment or care may be provided as an inpatient in a hospital or in the community.

When will the FO be reviewed?

The FO will be reviewed by the Mental Health Review Tribunal (Tribunal):

• within 6 months of being made and then every 6 months after
• by application to the Tribunal at any time
• on the Tribunal’s initiative

The Tribunal is an independent decision-making body whose job is to hold a hearing and decide whether or you should remain on the FO or not.

What decisions can the Tribunal make?

The Tribunal can decide whether to confirm or revoke the FO. This means that the Tribunal decides whether the person needs to stay on the FO or whether the FO can come to an end.

The Tribunal must confirm/continue the FO if:

• the Tribunal thinks that the FO is needed to protect the safety of the community
• a non-revocation period set by the Mental Health Court is still in place
• the Mental Health Court decided that the person was temporarily unfit for trial and their charges have not yet been discontinued.

The Tribunal can also:

• decide if treatment and/or care should be provided in the community or in a mental health service as an in patient
• approve or change limited community treatment (LCT or leave)
• review or change other conditions of the FO.