VCAT has imposed a supervised treatment order on a man with an intellectual disability, requiring him to be kept in detention to ensure his compliance with a treatment plan – despite his willingness to consent to the plan – to reduce the risk that he could cause harm to others. The Tribunal referred to, but undertook scant analysis of, the interpretative provisions of the Charter and the requirement that any limitation on a right be demonstrably justified in a free and democratic society.
Detailed case note.
Found in 04. Disability, 2008, s32 - Interpretation, Victorian Charter Caselaw, Victorian Civil and Administrative Tribunal
