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Forensic Order (FO)

What is a Forensic Order (FO)?

A forensic order (FO) is an order made by the Mental Health 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

What does the Tribunal do?

The Tribunal is an independent decision-making body whose job is review the involuntary status of persons with a mental illness and/or intellectual disability.

This includes the review of FOs.

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.

FAQs

These are some of the most frequently asked questions.

Does the Tribunal decide whether I should be on a FO?

It is the Mental Health Court who decides if you should be on an FO.

In a small number of circumstances, the Tribunal may revoke a FO (mental health) and make an FO (disability).

What is the difference between an FO and a Treatment Support Order (TSO)?

An FO may have a non-revocation period. This means the Tribunal is not allowed to cancel the order during this time. A TSO does not have this.
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For an FO, the Tribunal can only change the category to community if there is not an unacceptable risk to the community.
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For a TSO, the Tribunal must change the category to community unless the person’s treatment, care and safety needs and the safety of others can’t be met in the community.
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The Attorney General is not part of a TSO hearing
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An FO (Mental Health) limits a person’s rights more than a TSO.
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If a TSO is made:
• the Attorney General is no longer part of the hearing
• the TSO will be community based unless the Tribunal decides that the person's treatment and care, safety, or safety of others cannot be met in the community.
 
If you are under 18, you will be provided with a free legal representative, unless you already have your own preferred lawyer.
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If the Attorney General is involved, they can decide to send a representative.
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In this case you will be given free legal representation, unless you are already represented or decide you don’t want any.

Still have questions?

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