A 35-year-old man with a known diagnosis of schizophrenia is brought to the emergency department by police after neighbours reported him shouting in the street at night. He believes his water supply has been poisoned and has not eaten or drunk properly for two days; his lips are cracked and he is unsteady on his feet. He refuses admission and all treatment. The treating team proposes an involuntary treatment order. Which one of the following is required before he can be treated involuntarily under Australian mental health legislation?
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