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MENTAL HEALTH ACT 2015

Table of Provisions

CHAPTER 1--PRELIMINARY

  • 1 Name of Act  
  • 2 Dictionary  
  • 3 Notes  
  • 4 Offences against Act—application of Criminal Code etc  

CHAPTER 2--OBJECTS AND IMPORTANT CONCEPTS

  • 5 Objects of Act  
  • 6 Principles applying to Act  
  • 7 Meaning of decision-making capacity  
  • 8 Principles of decision-making capacity  
  • 9 Meaning of mental disorder  
  • 10 Meaning of mental illness  
  • 11 People not to be regarded as having mental disorder or mental  
  • 12 Meaning of carer  
  • 13 Proceedings relating to children  

CHAPTER 3--RIGHTS OF PEOPLE WITH MENTAL DISORDER OR MENTAL ILLNESS

PART 3.1--RIGHTS IN RELATION TO INFORMATION AND COMMUNICATION

  • 14 Meaning of responsible person—pt 3.1  
  • 15 Information to be given to people  
  • 16 Information to be available at facilities  
  • 17 Communication  
  • 18 Failure by owner of facility to comply with pt 3.1  

PART 3.2--NOMINATED PEOPLE

  • 19 Nominated person  
  • 20 Nominated person—functions  
  • 21 Nominated person—obligations of person in charge of facility  
  • 22 Nominated person—end of nomination  
  • 23 Nominated person—protection from liability  

PART 3.3--ADVANCE AGREEMENTS AND ADVANCE CONSENT DIRECTIONS

  • 24 Definitions—pt 3.3  
  • 25 Rights in relation to advance agreements and advance consent  
  • 26 Entering into advance agreement  
  • 27 Making advance consent direction  
  • 28 Giving treatment etc under advance agreement or advance consent  
  • 29 Ending advance agreement or advance consent direction  
  • 30 Effect of advance agreement and advance consent direction on guardian with authority to  
  • 31 Effect of advance agreement and advance consent direction on attorney with power to  
  • 32 Effect of health direction on previous advance consent direction  

CHAPTER 4--ASSESSMENTS

PART 4.1--APPLICATIONS FOR ASSESSMENT ORDERS

  • 33 Applications by people with mental disorder or mental illness—assessment  
  • 34 Applications by other people—assessment order  
  • 35 Applications by referring officers—assessment order  
  • 36 Applicant and referring officer to tell ACAT of risks—assessment  

PART 4.2--ASSESSMENT ORDERS

  • 37 Assessment order  
  • 38 Consent for assessment order  
  • 39 Emergency assessment order  
  • 40 Content and effect of assessment order  
  • 41 Public advocate to be told about assessment order  
  • 42 Time for conducting assessment  
  • 43 Removal order to conduct assessment  
  • 44 Executing removal order  
  • 45 Contact with others  
  • 46 Public advocate and lawyer to have access  
  • 47 Person to be assessed to be told about order  
  • 48 Copy of assessment  
  • 49 Notice of outcome of assessment  

CHAPTER 5--MENTAL HEALTH ORDERS

PART 5.1--PRELIMINARY

  • 50 Definitions—ch 5  

PART 5.2--APPLICATIONS FOR MENTAL HEALTH ORDERS

  • 51 Applications for mental health orders  
  • 52 Applicant to tell ACAT of risks  

PART 5.3--MAKING OF MENTAL HEALTH ORDERS--PRELIMINARY MATTERS

  • 53 ACAT must consider assessment—mental health order  
  • 54 Consultation by ACAT—mental health order  
  • 55 ACAT must hold hearing—mental health order  
  • 56 What ACAT must take into account—mental health order  
  • 57 ACAT must not order particular treatment, care or support—mental health  

PART 5.4--PSYCHIATRIC TREATMENT ORDERS

  • 58 Psychiatric treatment order  
  • 59 Content of psychiatric treatment order  
  • 60 Criteria for making restriction order with psychiatric treatment  
  • 61 Content of restriction order made with psychiatric treatment order  
  • 62 Role of chief psychiatrist—psychiatric treatment order  
  • 63 Treatment etc to be explained—psychiatric treatment order  
  • 64 Action if psychiatric treatment order no longer appropriate—no longer person in  
  • 65 Powers in relation to psychiatric treatment order  

PART 5.5--COMMUNITY CARE ORDERS

  • 66 Community care order  
  • 67 Content of community care order  
  • 68 Criteria for making restriction order with community care order  
  • 69 Content of restriction order made with community care order etc  
  • 70 Role of care coordinator—community care order  
  • 71 Treatment etc to be explained—community care order  
  • 72 Action if community care order no longer appropriate—no longer person in relation  
  • 73 Powers in relation to community care order  

PART 5.6--LIMITS ON COMMUNICATION UNDER MENTAL HEALTH ORDERS

  • 74 Limits on communication—mental health order  
  • 75 Offence—limits on communication—mental health order  

PART 5.7--DURATION, CONTRAVENTION AND REVIEW OF MENTAL HEALTH ORDERS

  • 76 Duration of mental health orders  
  • 77 Contravention of mental health order  
  • 78 Contravention of mental health order—absconding from facility  
  • 79 Review of mental health order  

CHAPTER 6--EMERGENCY DETENTION

  • 80 Apprehension  
  • 81 Detention at approved mental health facility  
  • 82 Copy of court order  
  • 83 Statement of action taken  
  • 84 Initial examination at approved mental health facility  
  • 85 Authorisation of involuntary detention  
  • 86 Medical examination of detained person  
  • 87 Notification of Magistrates Court about emergency detention or release from emergency  
  • 88 Treatment during detention  
  • 89 Notification of certain people about detention  
  • 90 Offence—communication during detention  
  • 91 Order for release  
  • 92 Duty to release  

CHAPTER 7--FORENSIC MENTAL HEALTH

PART 7.1--FORENSIC MENTAL HEALTH ORDERS

Division 7.1.1--Preliminary

  • 93 Definitions—pt 7.1  

Division 7.1.2--Application for forensic mental health orders

  • 94 Applications for forensic mental health orders—detainees etc  
  • 95 Relevant person to tell ACAT of risks  

Division 7.1.3--Making forensic mental health orders—preliminary matters

  • 96 ACAT must consider assessment—forensic mental health order  
  • 97 Consultation by ACAT—forensic mental health order  
  • 98 ACAT must hold hearing—forensic mental health order  
  • 99 What ACAT must take into account—forensic mental health  
  • 100 ACAT must not order particular treatment, care or support—forensic mental  

Division 7.1.4--Forensic psychiatric treatment orders

  • 101 Forensic psychiatric treatment order  
  • 102 Content of forensic psychiatric treatment order  
  • 103 Role of chief psychiatrist—forensic psychiatric treatment  
  • 104 Treatment etc to be explained—forensic psychiatric treatment  
  • 105 Action if forensic psychiatric treatment order no longer appropriate—no longer  
  • 106 Action if forensic psychiatric treatment order no longer appropriate—no longer  
  • 107 Powers in relation to forensic psychiatric treatment order  

Division 7.1.5--Forensic community care orders

  • 108 Forensic community care order  
  • 109 Content of forensic community care order  
  • 110 Role of care coordinator—forensic community care order  
  • 111 Treatment etc to be explained—forensic community care order  
  • 112 Action if forensic community care order no longer appropriate—no longer person in  
  • 113 Action if forensic community care order no longer appropriate—no longer necessary  
  • 114 Powers in relation to forensic community care order  

Division 7.1.6--Limits on communication under forensic mental health orders

  • 115 Limits on communication—forensic mental health order  
  • 116 Offence—limits on communication—forensic mental health order  

Division 7.1.7--Duration of forensic mental health orders

  • 117 Duration of forensic mental health orders  

Division 7.1.8--Leave for detained people

  • 118 Meaning of corrections order—div 7.1.8  
  • 119 Grant of leave for person detained by ACAT  
  • 120 Revocation of leave granted by ACAT  
  • 121 Grant of leave for person detained by relevant official  
  • 122 Leave in emergency or special circumstances  
  • 123 Revocation of leave granted by relevant official  

Division 7.1.9--Contravention and review of forensic mental health orders

  • 124 Contravention of forensic mental health order  
  • 125 Contravention of forensic mental health order—absconding from  
  • 126 Review of forensic mental health order  

PART 7.2--AFFECTED PEOPLE

CHAPTER 8--CORRECTIONAL PATIENTS

PART 8.1--PRELIMINARY

  • 135 Meaning of correctional patient  

PART 8.2--TRANSFER OF CORRECTIONAL PATIENTS

  • 136 Transfer to mental health facility  
  • 137 Return to correctional centre or detention place unless direction to  
  • 138 Release etc on change of status of correctional patient  
  • 139 ACAT may return people to correctional centre or detention place  

PART 8.3--REVIEW OF CORRECTIONAL PATIENTS

  • 140 Review of correctional patient awaiting transfer to mental health  
  • 141 Review of correctional patient transferred to mental health  
  • 142 Review of correctional patient detained at mental health facility  

PART 8.4--LEAVE FOR CORRECTIONAL PATIENTS

  • 142A Definitions—pt 8.4  
  • 143 Grant of leave for correctional patients  
  • 144 Revocation of leave for correctional patients  

CHAPTER 8A--TRANSFER OF CUSTODY—SECURE MENTAL HEALTH FACILITY

  • 144A Transfer of custody if person admitted to secure mental health  
  • 144B Taking person to appear before court  
  • 144C Release etc on change of status of person  
  • 144D Power to apprehend if person escapes from secure mental health  
  • 144E Transfers to health facilities  
  • 144F Escort officers  
  • 144G Crimes Act escape provisions  

CHAPTER 9--ELECTROCONVULSIVE THERAPY AND PSYCHIATRIC SURGERY

PART 9.1--PRELIMINARY--CH 9

  • 145 Definitions  
  • 146 Form of consent  

PART 9.2--ELECTROCONVULSIVE THERAPY

Division 9.2.1--Administration of electroconvulsive therapy

Division 9.2.2--Electroconvulsive therapy orders

Division 9.2.3--Emergency electroconvulsive therapy orders

Division 9.2.4--Records of electroconvulsive therapy

PART 9.3--PSYCHIATRIC SURGERY

  • 167 Performance on people subject to orders of ACAT  
  • 168 Psychiatric surgery not to be performed without approval or if person  
  • 169 Application for approval  
  • 170 Application to be considered by committee  
  • 171 Requirement for further information  
  • 172 Application to be decided in accordance with committee's  
  • 173 Consent of Supreme Court  
  • 174 Refusal of psychiatric surgery  
  • 175 Appointment of committee  

CHAPTER 10--REFERRALS BY COURTS UNDER CRIMES ACT AND CHILDREN AND YOUNG PEOPLE ACT

  • 176 Review of certain people found unfit to plead  
  • 177 Recommendations about people with mental impairment  
  • 178 Recommendations about people with mental disorder or mental illness  
  • 179 Service of decisions etc  
  • 180 Review of detention under court order  
  • 181 Contravention of conditions of release  
  • 182 Review of conditions of release  
  • 183 Limit on detention  

CHAPTER 11--ACAT PROCEDURAL MATTERS

  • 184 Meaning of subject person—ch 11  
  • 185 When ACAT may be constituted by presidential member  
  • 186 When ACAT must be constituted by more members  
  • 187 Applications  
  • 188 Notice of hearing  
  • 189 Directions to registrar  
  • 190 Appearance  
  • 191 Separate representation of children etc  
  • 192 Subpoena to appear in person  
  • 193 Person subpoenaed in custody  
  • 194 Hearings to be in private  
  • 195 Who is given a copy of the order?  

CHAPTER 12--ADMINISTRATION

PART 12.1--CHIEF PSYCHIATRIST AND MENTAL HEALTH OFFICERS

  • 196 Chief psychiatrist  
  • 197 Functions  
  • 198 Approved code of practice  
  • 198A Chief psychiatrist may make guidelines  
  • 199 Ending appointment—chief psychiatrist  
  • 200 Delegation by chief psychiatrist  
  • 201 Mental health officers  
  • 202 Functions of mental health officers  
  • 203 Identity cards for mental health officers  

PART 12.2--CARE COORDINATOR

  • 204 Care coordinator  
  • 205 Functions  
  • 206 Ending appointment—care coordinator  
  • 207 Delegation by care coordinator  

PART 12.3--OFFICIAL VISITORS

  • 208 Meaning of official visitor etc  
  • 209 Appointment of official visitors—additional suitability  
  • 211 Official visitor's functions  
  • 213 Notice to official visitor of detainee receiving mental health treatment, care or  
  • 214 Complaint about treatment, care or support provided at place other than visitable  

PART 12.4--COORDINATING DIRECTOR-GENERAL

  • 215 Coordinating director-general  
  • 216 Functions of coordinating director-general  
  • 217 Coordinating director-general policies and operating procedures  

PART 12.5--SHARING INFORMATION--GOVERNMENT AGENCIES

  • 218 Definitions—pt 12.5  
  • 219 Information sharing protocol  
  • 220 Information sharing guidelines  
  • 221 Information sharing—approval of agency  

CHAPTER 13--PRIVATE PSYCHIATRIC FACILITIES

PART 13.1--PRELIMINARY

  • 222 Definitions—ch 13  

PART 13.2--LICENCES

  • 223 Meaning of eligible person—pt 13.2  
  • 224 Licence—requirement to hold  
  • 225 Licence—application  
  • 226 Licence—decision on application  
  • 227 Licence—term and renewal of licence  
  • 228 Licence—transfer of licence  
  • 229 Licence—amendment initiated by Minister  
  • 230 Licence—amendment on application by licensee  
  • 231 Licence—surrender  
  • 232 Licence—cancellation by notice  
  • 233 Licence—emergency cancellation  

PART 13.3--PRIVATE PSYCHIATRIC FACILITIES--ENFORCEMENT

  • 234 Appointment of inspectors  
  • 235 Identity cards  
  • 236 Powers of inspection  
  • 237 Failing to comply with requirement of inspector  

CHAPTER 14--MENTAL HEALTH ADVISORY COUNCIL

  • 238 Establishment of mental health advisory council  
  • 239 Functions of mental health advisory council  
  • 240 Membership of mental health advisory council  
  • 241 Procedures of mental health advisory council  

CHAPTER 15--INTERSTATE APPLICATION OF MENTAL HEALTH LAWS

PART 15.1--PRELIMINARY

  • 242 Purpose—ch 15  
  • 243 Definitions—ch 15  
  • 244 Authority to enter into agreements  
  • 245 Authorised officer and interstate authorised person may exercise certain functions  
  • 246 Medication for person being transferred  

PART 15.2--APPREHENSION OF PEOPLE IN BREACH OF CERTAIN ORDERS

  • 247 Apprehension of interstate patient in breach of interstate involuntary treatment  
  • 248 Apprehension of person in breach of mental health order or forensic mental health  

PART 15.3--TRANSFER OF CERTAIN PEOPLE FROM ACT

  • 249 Interstate transfer—person under psychiatric treatment order or community care  
  • 250 Interstate transfer—person under forensic psychiatric treatment order or forensic  
  • 251 Transfer to interstate mental health facility—emergency  
  • 252 Interstate transfer—when ACT order stops applying  

PART 15.4--TRANSFER OF CERTAIN PEOPLE TO ACT

  • 253 Transfer of interstate patient to approved mental health facility  
  • 254 Transfer of responsibility to provide treatment, care or support in the community for  
  • 255 Transfer of person apprehended in another State to approved mental health  

PART 15.5--INTERSTATE OPERATION OF CERTAIN ORDERS

  • 256 Mental health order relating to interstate person  
  • 257 Implementing interstate involuntary treatment order for temporary ACT  

CHAPTER 16--NOTIFICATION AND REVIEW OF DECISIONS

  • 258 Meaning of reviewable decision—ch 16  
  • 259 Reviewable decision notices  
  • 260 Applications for review  

CHAPTER 17--MISCELLANEOUS

  • 261 Approval of mental health facilities  
  • 262 Approval of community care facilities  
  • 263 Powers of entry and apprehension  
  • 264 Powers of search and seizure  
  • 265 Protection of officials from liability  
  • 266 Report and record of use of restraint etc  
  • 267 Appeals from ACAT to Supreme Court  
  • 268 Relationship with Guardianship and Management of Property Act  
  • 269 Relationship with Powers of Attorney Act  
  • 270 Certain rights unaffected  
  • 271A Reviews by Minister and director-general  
  • 272 Determination of fees  
  • 274 Regulation-making power  

CHAPTER 20--TRANSITIONAL—MENTAL HEALTH AMENDMENT ACT 2023

  • 300 Meaning of commencement day—ch 20  
  • 301 Contravention of mental health order before commencement day  
  • 302 Contravention of forensic mental health order before commencement day  
  • 303 ACAT order not made before commencement day  
  • 304 Expiry—ch 20  

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