39Conditions for applications under this subpart

1. An application for a compulsory care order may be made under this subpart only for a proposed care recipient—

2. who is a prisoner or a former special patient; and
3. who has been assessed under subpart 1 and Part 3; and
4. for whom a care and rehabilitation plan has been completed.

5. When the proposed care recipient's care and rehabilitation plan has been completed, the co-ordinator must decide whether to apply for a compulsory care order for the proposed care recipient.

6. When the co-ordinator has made a decision under subsection (2), the co-ordinator must notify in writing the following persons of the decision:

7. the proposed care recipient:
8. the appropriate manager or the Director of Area Mental Health Services, as the case requires:
9. any welfare guardian of the proposed care recipient:
10. if the proposed care recipient is a child or young person, each parent or guardian of the child or young person:
11. the principal caregiver of the proposed care recipient:
12. any support person of the proposed care recipient:
13. any lawyer of the proposed care recipient:
14. the care manager of the proposed care recipient:
15. the responsible district inspector.

16. The co-ordinator must sign and date a notice given under subsection (3).

17. If the co-ordinator decides not to apply for a compulsory care order for a person who, at the time of the decision, is not in the control of the appropriate manager or Director of Area Mental Health Services, as the case requires, the co-ordinator must return the person to the control of the appropriate person.