MENTAL HEALTH ACT 2015
Table of Provisions
CHAPTER 1--PRELIMINARY
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
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
- 127 Definitions—pt 7.2
- 128 Meaning of affected person
- 129 Meaning of registered affected person
- 130 Affected person register
- 131 Notifying people about the affected person register
- 132 Including person in affected person register
- 133 Removing person from affected person register
- 134 Disclosures to registered 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
PART 9.2--ELECTROCONVULSIVE THERAPY
Division 9.2.1--Administration of electroconvulsive therapy
- 147 When electroconvulsive therapy may be administered
- 148 Adult with decision-making capacity
- 149 Adult without decision-making capacity
- 150 Young person with decision-making capacity
- 151 Young person without decision-making capacity
- 152 Offence—unauthorised administration of electroconvulsive therapy
Division 9.2.2--Electroconvulsive therapy orders
- 153 Application for electroconvulsive therapy order
- 154 Consultation by ACAT—electroconvulsive therapy order
- 155 ACAT must hold hearing—electroconvulsive therapy order
- 156 What ACAT must take into account—electroconvulsive therapy
- 157 Making of electroconvulsive therapy order
- 158 Content of electroconvulsive therapy order
- 159 Person to be told about electroconvulsive therapy order
Division 9.2.3--Emergency electroconvulsive therapy orders
- 160 Application for emergency electroconvulsive therapy order
- 161 What ACAT must take into account—emergency electroconvulsive therapy
- 162 Making of emergency electroconvulsive therapy order
- 163 Content of an emergency electroconvulsive therapy order
- 164 Effect of later order
Division 9.2.4--Records of electroconvulsive therapy
- 165 Doctor must record electroconvulsive therapy
- 166 Electroconvulsive therapy records to be kept for 5 years
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