Treatment Support Order

What is a Treatment Support Order?

The Mental Health Court can make a Treatment Support Order (TSO) if it thinks a forensic order is not needed but an order is still required to protect the safety of the community.

If a person is on a TSO, they can still be treated for their mental illness even if they think they don't need it.

Treatment can be provided in the community, or as an inpatient.

When will the Mental Health Review Tribunal (Tribunal) TSO be reviewed?

The TSO will be reviewed:

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 TSO.

What decisions can the Tribunal make?

The Tribunal can decide whether to confirm or revoke the TSO.

The TSO must be confirmed if:

the Tribunal thinks that the TSO is needed to protect the safety of the community
the patient has been found temporarily unfit for trial and the Tribunal has not yet found them fit.

FAQs

These are some of the most frequently asked questions.

What is the difference between a TSO and an FO?

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 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.
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 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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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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