MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Short title 3. Dictionary 4. Notes 4A. Offences against Act--application of Criminal Code etc 5. People not to be regarded as mentally dysfunctional or mentally 6. Proceeding relating to children PART 2--OBJECTIVES 7. Objectives of Act 8. Objectives of Territory 9. Maintenance of freedom, dignity and self-respect PART 4--MENTAL HEALTH ORDERS Division 4.1--Applications and referrals 10. Application by mentally dysfunctional or mentally ill people 11. Applications by other people 12. Applicant to tell ACAT of risks 13. Referrals to ACAT 14. Referring officer to tell ACAT of risks Division 4.2--Assessments 15. Meaning of assessment order--div 4.2 16. Assessment orders 17. Consent for assessment orders 18. No consent for assessment orders 19. Content and effect of assessment orders 20. Notify public advocate of assessment orders 21. Time for conducting assessments 22. Removal to conduct assessments 22A. Executing orders to conduct assessments 22B. Contact with others 22C. Public advocate and lawyer to have access 22D. Person to be assessed to be informed 22E. Copies of assessments Division 4.3--Making of orders--preliminary matters 23. ACAT must consider assessment 24. ACAT must hold inquiry 25. Consultation by ACAT etc 26. What ACAT must take into account 27. ACAT must not order particular drugs etc Division 4.4--Psychiatric treatment orders 28. Criteria for making psychiatric treatment order 29. Content of psychiatric treatment order 30. Criteria for making restriction order with psychiatric treatment 31. Content of restriction order 32. Role of chief psychiatrist 33. Treatment to be explained 34. Action if psychiatric treatment order no longer appropriate 35. Powers in relation to detention, restraint etc Division 4.5--Community care orders 36. Criteria for making community care order 36A. Content of community care order 36B. Criteria for making restriction order with community care order 36C. Content of restriction order 36D. Role of care coordinator 36E. Treatment to be explained 36F. Action if community care order no longer appropriate 36G. Powers in relation to detention, restraint etc Division 4.6--Limits on communication 36H. Limits on communication 36I. Communication with public advocate and person's lawyer Division 4.7--Duration, contravention and review of orders 36J. Duration of orders 36K. Contravention of psychiatric treatment order or community care order 36L. Review, variation and revocation of orders PART 5--EMERGENCY DETENTION AND CARE 37. Apprehension 38. Detention 38A. Circumstances in which copy of court order to be provided 39. Statement of action taken 40. Examination by doctor 41. Authorisation of involuntary detention 41A. Notification of Magistrates Court about emergency detention or release from emergency 42. Notification of certain persons about detention 43. Medical examination 44. Treatment during detention 45. Communication during detention 46. Orders for release 47. Duty to release 48. Approved facilities PART 5A--INTERSTATE APPLICATION OF MENTAL HEALTH LAWS Division 5A--.1 Preliminary 48A. Object of pt 5A 48B. Definitions for pt 5A 48C. Authority to enter into agreements 48D. Recognition of interstate laws and orders 48E. Territory officers may exercise functions under corresponding laws Division 5A--.2 Transfer of persons from ACT 48F. Emergency admission of persons to health facilities in other States 48G. Transfer of custodial patients from ACT 48H. Application of Act to persons transferred interstate Division 5A--.3 Transfer of persons to ACT 48I. Emergency admission of interstate persons to approved health 48J. Application of Act to persons detained under s 48I 48K. Transfer of interstate custodial patients to health facilities in 48L. Application of Act to persons transferred to ACT under s 48K Division 5A--.4 Psychiatric treatment orders and interstate non-custodial orders 48M. Psychiatric treatment orders relating to interstate people 48N. Orders relating to ACT residents Division 5A--.5 Apprehension of persons absent from custody or in breach of orders 48P. Recognition of apprehension orders 48Q. Apprehension of interstate persons absent without leave or in breach of 48R. Regulations relating to apprehension of persons PART 6--RIGHTS OF MENTALLY DYSFUNCTIONAL OR MENTALLY ILL PERSONS 49. Meaning of responsible person 50. Statement of rights 51. Information to be provided 52. Communication 53. Failure by owner to comply PART 7--ELECTROCONVULSIVE THERAPY AND PSYCHIATRIC SURGERY Division 7.1--Consent 54. Informed consent Division 7.2--Electroconvulsive therapy Subdivision 7.2.1--What is electroconvulsive therapy? 55. What is electroconvulsive therapy? Subdivision 7.2.2--Informed consent for electroconvulsive therapy 55A. Electroconvulsive therapy may be administered with consent 55B. Offence--electroconvulsive therapy without consent 55C. Offence--electroconvulsive therapy on 10 or more occasions since consent 55D. Offence--electroconvulsive therapy after consent withdrawn Subdivision 7.2.3--Electroconvulsive therapy orders 55E. Electroconvulsive therapy may be administered under electroconvulsive therapy 55F. Application for electroconvulsive therapy order 55G. Criteria for making electroconvulsive therapy order 55H. Content of electroconvulsive therapy order 55I. Offence--electroconvulsive therapy without electroconvulsive therapy order 55J. Offence--electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy 55K. Offence--electroconvulsive therapy after order consent withdrawn Subdivision 7.2.4--Emergency electroconvulsive therapy orders 55L. Electroconvulsive therapy may be administered under emergency electroconvulsive therapy 55M. Application for emergency electroconvulsive therapy order 55N. Criteria for making emergency electroconvulsive therapy order 55O. Content of an emergency electroconvulsive therapy order 55P. Conflict between orders Subdivision 7.2.5--Only doctor or authorised person to administer electroconvulsive therapy 56. Offence--electroconvulsive therapy without doctor's consent Subdivision 7.2.6--Records of electroconvulsive therapy 57. Doctor must record electroconvulsive therapy 58. Electroconvulsive therapy records to be kept for 5 years Division 7.3--Psychiatric surgery 59. Performance on persons subject to orders of ACAT 60. Approval and consent required 61. Application for approval 62. Application to be considered by committee 63. Chief psychiatrist may require further information 64. Chief psychiatrist to act on committee's recommendation 65. Consent of Supreme Court 66. Refusal of surgery 67. Committees PART 8--REFERRALS BY COURTS UNDER CRIMES ACT AND C&YP ACT 68. Review of certain people found unfit to plead 70. Recommendations about people with mental impairment 70A. Recommendations about people with mental illness or mental dysfunction 71. Service of decisions etc 72. Periodic review of orders for detention 73. Review of conditions of release 74. Breach of conditions of release 75. Limit on detention PART 9--PROCEDURAL MATTERS--ACAT 76. Meaning of subject person--pt 9 77. When ACAT may be constituted by presidential member 78. When ACAT must be constituted by more members 79. Applications 80. Appearance 81. Representation of children 82. Subpoena to appear in person 83. Person subpoenaed in custody 84. Directions to registrar 85. Notice of hearing 86. Hearings to be in private 87. Who is given a copy of the order? PART 10--CHIEF PSYCHIATRIST AND MENTAL HEALTH OFFICERS 112. Chief psychiatrist 113. Functions 116. Termination of appointment 118. Delegation by chief psychiatrist 119. Mental health officers 119A. Functions of mental health officers 119B. Identity cards for mental health officers 120. Chief psychiatrist's annual report PART 10A--CARE COORDINATOR 120A. Care coordinator 120B. Functions 120C. Termination of appointment 120D. Delegation by care coordinator 120E. Care coordinator's annual report PART 11--OFFICIAL VISITORS 121. Appointment etc 122. Official visitor--functions 122A. Official visitor--powers etc 122B. Reports by official visitors PART 12--PRIVATE PSYCHIATRIC INSTITUTIONS Division 12.1--Interpretation 123. Definitions for pt 12 Division 12.2--Licences 124. Owner or manager to be licensed 125. Issue of licence 126. Term and renewal of licence 127. Variation and revocation of conditions 128. Surrender of licence 129. Cancellation of licence 130. Emergency cancellation 131. Effect of cancellation Division 12.3--Inspectors 132. Appointment of inspectors 133. Identity cards 134. Powers of inspection 135. Failing to comply with requirement of inspector Division 12.4--Notification and review of decisions 136. Meaning of reviewable decision--div 12.4 137. Reviewable decision notices 137A. Applications for review Division 12.5--Miscellaneous 138. Unauthorised treatment PART 13--MISCELLANEOUS 140. Legal effect of certain sections 140A. Protection of officials from liability 141. Appeals from ACAT to Supreme Court 142. Relationship with Guardianship and Management of Property Act 143. Relationship with Powers of Attorney Act 145. Certain rights unaffected 146. Determination of fees 146A. Approved forms 147. Regulation-making power PART 15--TRANSITIONAL 150. Application of amendments made by Crimes Amendment Act 2005 151. Expiry--pt 15 SCHEDULE 1 DICTIONARY ENDNOTES MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - LONG TITLE An Act to provide for the treatment, care, control, rehabilitation and protection of mentally dysfunctional or mentally ill persons, and for related purposes MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 1 Short title This Act may be cited as the Mental Health (Treatment and Care) Act 1994. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition 'electroconvulsive therapy--see section 55.' means that the term 'electroconvulsive therapy' is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 4A Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): o s 45 (Communication during detention) o s 55B (Offence--electroconvulsive therapy without consent) o s 55C (Offence--electroconvulsive therapy on 10 or more occasions since consent) o s 55D (Offence--electroconvulsive therapy after consent withdrawn) o s 55I (Offence--electroconvulsive therapy without electroconvulsive therapy order) o s 55J (Offence--electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order) o s 55K (Offence--electroconvulsive therapy after order consent withdrawn) o s 56 (Offence--electroconvulsive therapy without doctor's consent) o s 57 (1) (Doctor must record electroconvulsive therapy) o s 57 (2) o s 57 (3) o s 58 (Electroconvulsive therapy records to be kept for 5 years) o s 119B (2) (Identity cards for mental health officers). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 5 People not to be regarded as mentally dysfunctional or mentally ill For this Act, a person is not to be regarded as mentally dysfunctional or mentally ill only because of any of the following: (a) that the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular political opinion or belief; (b) that the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular religious opinion or belief; (c) that the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular philosophy; (d) that the person expresses or refuses or fails to express, or has expressed or has refused or failed to express, a particular sexual preference or sexual orientation; (e) that the person engages in or refuses or fails to engage in, or has engaged in or has refused or failed to engage in, a particular political activity; (f) that the person engages in or refuses or fails to engage in, or has engaged in or has refused or failed to engage in, a particular religious activity; (g) that the person engages in or has engaged in sexual promiscuity; (h) that the person engages in or has engaged in immoral conduct; (i) that the person engages in or has engaged in illegal conduct; (j) that the person takes or has taken alcohol or any other drug; (k) that the person engages in or has engaged in antisocial behaviour. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 6 Proceeding relating to children In determining whether a person who is the subject of a proceeding is a child, regard shall be had to the age of the person at the commencement of the proceeding. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 7 Objectives of Act This Act has the following objectives: (a) to provide treatment, care, rehabilitation and protection for mentally dysfunctional or mentally ill persons in a manner that is least restrictive of their human rights; (b) to provide for mentally dysfunctional or mentally ill persons to receive treatment, care, rehabilitation and protection voluntarily and, in certain circumstances, involuntarily; (c) to protect the dignity and self-respect of mentally dysfunctional or mentally ill persons; (d) to ensure that mentally dysfunctional or mentally ill persons have the right to receive treatment, care, rehabilitation and protection in an environment that is the least restrictive and intrusive, having regard to their needs and the need to protect other persons from physical and emotional harm; (e) to facilitate access by mentally dysfunctional or mentally ill persons to services and facilities appropriate for the provision of treatment, care, rehabilitation and protection. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 8 Objectives of Territory In providing services and facilities for mentally dysfunctional or mentally ill persons, the Territory shall have regard to the following objectives: (a) to establish, develop, promote, assist and encourage services and facilities-- (i) that provide a strong and viable system of treatment and care, and a full range of services and facilities, for mentally dysfunctional or mentally ill persons; and (ii) that take into account the various religious, cultural and language needs of mentally dysfunctional or mentally ill persons; and (iii) that minimise the adverse effects of mental dysfunction or mental illness in the community; and (iv) that are comprehensive and accessible; and (v) that are designed to reduce the incidence of mental dysfunction or mental illness in the community; and (vi) that provide for intervention at an early stage of mental dysfunction or mental illness; and (vii) that support mentally dysfunctional or mentally ill persons in the community and coordinate with other community services; (b) to ensure that mentally dysfunctional or mentally ill persons are informed of their rights and entitlements under this Act and, in doing so, to make all reasonable efforts to ensure that the relevant provisions of this Act are explained to those persons in the language, mode of communication or terms that they are most likely to understand; (c) to assist and encourage voluntary agencies to provide services for mentally dysfunctional or mentally ill persons; (d) to promote a high standard of training for those responsible for the care of mentally dysfunctional or mentally ill persons; (e) to consult with persons who are receiving or have received such services, their carers and the community about-- (i) the provision of services and facilities for mentally dysfunctional or mentally ill persons and to establish formal and informal consultative mechanisms for this purpose; and (ii) the development of mental health policy; and (iii) planning for mental health services; and (iv) the delivery of services and facilities; and (v) the evaluation and review of policies and services; (f) to promote the welfare of mentally dysfunctional or mentally ill persons and to enhance community awareness of mental health issues. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 9 Maintenance of freedom, dignity and self-respect A person exercising a function under this Act, or under an ACAT order, in relation to a mentally dysfunctional or mentally ill person must endeavour to ensure that any restrictions on that person's personal freedom and any derogation of that person's dignity and self-respect are kept to the minimum necessary for the proper care and protection of the person and the protection of the public. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 10 Application by mentally dysfunctional or mentally ill people (1) This section applies if a person believes himself or herself to be, because of mental dysfunction or mental illness-- (a) unable-- (i) to make reasonable judgments about matters relating to the person's own health or safety; or (ii) to do anything necessary for the person's own health or safety; or (b) likely to do serious harm to others. (2) The person may apply to the ACAT for a mental health order in relation to himself or herself. Note 1 Requirements for applications to the ACAT are set out in the ACT Civil and Administrative Tribunal Act 2008, s 10. Note 2 If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 11 Applications by other people (1) This section applies if a person (the applicant) believes on reasonable grounds that-- (a) the health and safety of another person (the subject person) is, or is likely to be substantially at risk because the subject person is unable, because of mental dysfunction or mental illness-- (i) to make reasonable judgments about matters relating to the subject person's health or safety; or (ii) to do anything necessary for the subject person's health or safety; or (b) the subject person is likely, because of mental dysfunction or mental illness, to do serious harm to others. (2) The applicant may apply to the ACAT for a mental health order in relation to the subject person. Note 1 Requirements for applications to the ACAT are set out in the ACT Civil and Administrative Tribunal Act 2008, s 10. Note 2 If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 12 Applicant to tell ACAT of risks (1) This section applies if-- (a) a person (the applicant) may apply under section 11 for a mental health order in relation to someone else (the subject person); and (b) the applicant believes on reasonable grounds that the appearance of the subject person before the ACAT is likely to substantially increase-- (i) the risk to the subject person's health or safety; or (ii) the risk of serious harm to others. (2) If the applicant applies for the mental health order in relation to the subject person, the application must state the applicant's belief about the matters mentioned in subsection (1). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 13 Referrals to ACAT (1) This section applies if the referring officer for an alleged offender believes on reasonable grounds that-- (a) because of mental impairment-- (i) the alleged offender's health or safety is, or is likely to be, substantially at risk; or (ii) the alleged offender is or is likely to do serious harm to others; and (b) it may not be appropriate to prosecute, or to continue to prosecute, the alleged offender, considering-- (i) the nature and circumstances of the offence; and (ii) the alleged offender's apparent mental condition. (2) The referring officer may refer the alleged offender to the ACAT for a mental health order. (3) In this section: "alleged offender" means a person-- (a) who is arrested in connection with an offence; or (b) if a police officer believes on reasonable grounds that there are sufficient grounds on which to charge the person in connection with an offence; or (c) who is charged in connection with an offence. Note Requirements for applications to the ACAT are set out in the ACT Civil and Administrative Tribunal Act 2008, s 10. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 14 Referring officer to tell ACAT of risks (1) This section applies if-- (a) a person (the applicant) may refer someone else (the subject person) to the ACAT for a mental health order under section 13; and (b) the applicant believes on reasonable grounds that the appearance of the subject person before the ACAT is likely to substantially increase-- (i) the risk to the subject person's health or safety; or (ii) the risk of serious harm to others. (2) If the applicant applies for the mental health order in relation to the subject person, the application must state the applicant's belief about the matters mentioned in subsection (1). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 15 Meaning of assessment order--div 4.2 In this division: "assessment order" means an order for an assessment under section 16. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 16 Assessment orders (1) This section applies if-- (a) the ACAT is satisfied, on the face of an application or referral under division 4.1 that a person is mentally dysfunctional or mentally ill, and that-- (i) the person's health or safety is, or is likely to be, substantially at risk; or (ii) the person is or is likely to do serious harm to others; or (b) the ACAT reviews a mental health order in force in relation to a person under section 36L; or (c) a person is required to submit to the jurisdiction of the ACAT by-- (i) an ACAT mental health provision in a care and protection order or interim care and protection order; or (ii) an interim therapeutic protection order; or (d) a person is required to submit to the jurisdiction of the ACAT by an order under the Crimes Act 1900, part 13 (Unfitness to plead and mental impairment); or (e) the ACAT reviews an order for detention in force in relation to a person under section 72 (Periodic review of orders for detention). (2) The ACAT may order an assessment in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 17 Consent for assessment orders (1) This section applies if the ACAT is considering ordering an assessment in relation to a person mentioned in section 16 (1) (a), (b) or (c). (2) The ACAT must take reasonable steps to find out the opinion of the person in relation to the assessment and obtain the person's consent to the assessment. (3) However, subsection (2) does not prevent the ACAT from ordering an assessment without the person's consent or if the person does not appear before the ACAT. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 18 No consent for assessment orders (1) This section applies if the ACAT is considering ordering an assessment in relation to a person mentioned in section 16 (1) (d) or (e). (2) The ACAT need not take reasonable steps to find out the opinion of the person in relation to the assessment or obtain the person's consent to the assessment. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 19 Content and effect of assessment orders (1) An assessment order must-- (a) state the nature of the assessment to be conducted; and (b) state the mental health facility at which the assessment is to be conducted and, if appropriate, the person who is to conduct the assessment; and (c) direct the person to be assessed to attend the facility and, if necessary, stay at the facility for the assessment; and (d) direct the person in charge of the facility-- (i) if appropriate, to admit the person to be assessed to the facility to conduct the assessment; and (ii) if necessary, to detain the person at the facility until the assessment has been conducted; and (iii) to provide the assistance that is necessary and reasonable to conduct the assessment. (2) An assessment order authorises-- (a) the conduct of the assessment stated in the order; and (b) anything necessary to be done to conduct the assessment. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 20 Notify public advocate of assessment orders The ACAT must inform the public advocate of an assessment order made in relation to a person immediately after the order is made. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 21 Time for conducting assessments (1) The assessment of a person in relation to whom an assessment order is made must be conducted as soon as practicable, and not later than-- (a) 7 days after the assessment order is made; or (b) another day stated in the assessment order. (2) However, the ACAT may, on application, extend the period for conducting the assessment if satisfied, based on clinical evidence provided to it by the person conducting the assessment, that a satisfactory assessment cannot be completed within the period under subsection (1). (3) The extension must be for a period not longer than 7 days. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 22 Removal to conduct assessments (1) This section applies if the ACAT makes an assessment order in relation to-- (a) a person mentioned to in section 16 (1) (a), (b) or (c) who-- (i) has not been served with a subpoena under the ACT Civil and Administrative Tribunal Act 2008, section 41 for a reason stated in section 82 (3) (Subpoena to appear in person); or (ii) does not appear at a proceeding in relation to the order under a subpoena given under the ACT Civil and Administrative Tribunal Act 2008, section 41; or (iii) does not comply with the assessment order; or (b) a person mentioned in section 16 (1) (d) or (e). (2) The ACAT may order the removal of the person to a mental health facility to conduct the assessment. (3) The order must state-- (a) the day (being a day not later than 1 month after the day the order is made) on which the order stops having effect; and (b) the mental health facility to which the person is to be removed; and (c) the nature of the assessment to be conducted in relation to the person. (4) An order under this section authorises-- (a) the arrest of the person named in the order; and (b) the removal of the person to the mental health facility stated in the order. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 22A Executing orders to conduct assessments (1) This section applies if the ACAT makes an order under section 22. (2) The order may be executed by a police officer. (3) The police officer-- (a) may, with necessary and reasonable assistance and force, enter any premises to arrest the person; and (b) must use the minimum amount of force necessary to arrest the person and remove the person to the stated facility; and (c) must, before removing the person, explain to the person the purpose of the order. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 22B Contact with others (1) This section applies if a person is admitted to a mental health facility under an order under section 22. (2) The person in charge of the facility must ensure that, while at the facility, the person admitted to the facility-- (a) has access to facilities; and (b) adequate opportunity, to contact each of the following: (i) a relative or friend; (ii) the public advocate; (iii) a legal practitioner. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 22C Public advocate and lawyer to have access (1) This section applies if a person is admitted to a mental health facility under an assessment order. (2) The public advocate and the person's lawyer are entitled to have access to the person at any time. (3) The person in charge of the facility must, if asked by the public advocate or the person's lawyer, give the reasonable assistance necessary to allow the public advocate or lawyer to have access to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 22D Person to be assessed to be informed (1) This section applies if a person is admitted to a mental health facility under an assessment order. (2) The person in charge of the facility must, before an assessment is conducted, ensure that the person to be assessed is told about the assessment order. (3) This section applies even if the person to be assessed was present when the ACAT made the order. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 22E Copies of assessments (1) This section applies to an assessment conducted at a mental health facility under an assessment order. (2) The person in charge of the mental health facility must, as soon as practicable after completing the assessment, give a copy of the assessment to-- (a) the person assessed; and (b) the ACAT; and (c) the public advocate; and (d) if the person assessed was referred to the ACAT under section 13--the referring officer. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 23 ACAT must consider assessment Before making a mental health order in relation to a person, the ACAT must consider-- (a) an assessment of the person conducted under an assessment order under division 4.2; or (b) another assessment of the person that the ACAT considers appropriate. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 24 ACAT must hold inquiry Before making a mental health order in relation to a person, the ACAT must hold an inquiry into the matter. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 25 Consultation by ACAT etc (1) Before making a mental health order in relation to a person, the ACAT must, as far as practicable, consult-- (a) if the person is a child--the people with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2; and (b) if the person has a guardian under the Guardianship and Management of Property Act 1991--the guardian; and (c) the person most likely to be responsible for providing the treatment, programs and other services proposed to be ordered. (2) If the person has an attorney appointed under the Powers of Attorney Act 2006, the ACAT must also consider consulting the attorney. (3) Before making a mental health order for the provision of a particular treatment, program or other service (including an assessment) at a stated facility or by a stated person, the ACAT must be satisfied that the treatment, program or service can be provided or performed at that facility or by that person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 26 What ACAT must take into account In making a mental health order in relation to a person, the ACAT must take into account the following: (a) whether the person consents, refuses to consent or has the capacity to consent, to a proposed course of treatment, care or support; (b) the views and wishes of the person, so far as they can be found out; (c) the views and wishes of the people responsible for the day-to-day care of the person, so far as those views and wishes are made known to the ACAT; (d) the views of the people appearing at the proceeding; (e) the views of the people consulted under section 25; (f) that the person's welfare and interests should be appropriately protected; (g) that the person's rights should not be interfered with except to the least extent necessary; (h) that the person should be encouraged to look after himself or herself; (i) that, as far as possible, the person should live in the general community and join in community activities; (j) that any restrictions placed on the person should be the minimum necessary for the safe and effective care of the person; (k) the alternative treatments, programs and other services available, including-- (i) the purposes of those treatments, programs and services; and (ii) the benefits likely to be derived by the person from those treatments, programs and services; and (iii) the distress, discomfort, risks, side effects or other disadvantages associated with those treatments, programs and services; (l) any relevant medical history of the person; (m) the religious, cultural and language needs of the person; (n) for a person referred to the ACAT under section 13 or an offender with a mental impairment--the nature and circumstances of the offence in relation to which the person has been arrested, or may be or has been charged; (o) for an offender with a mental impairment--the nature and extent of the person's mental impairment, including the effect it is likely to have on the person's behaviour in the future; (p) for an offender with a mental impairment--whether or not, if the person is not detained-- (i) the person's health or safety is, or is likely to be, substantially at risk; or (ii) the person is likely to do serious harm to others; (q) anything else prescribed under the regulations for this section. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 27 ACAT must not order particular drugs etc The ACAT must not order the administration of a particular drug or make an order about the way a particular clinical procedure is to be carried out. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 28 Criteria for making psychiatric treatment order The ACAT may make a psychiatric treatment order in relation to a person if-- (a) the person has a mental illness; and (b) the ACAT has reasonable grounds for believing that, because of the illness, the person is likely to-- (i) do serious harm to himself, herself or someone else; or (ii) suffer serious mental or physical deterioration; unless subject to involuntary psychiatric treatment; and (c) the ACAT is satisfied that psychiatric treatment is likely to reduce the harm or deterioration (or the likelihood of harm or deterioration) mentioned in paragraph (b) and result in an improvement in the person's psychiatric condition; and (d) the treatment cannot be adequately provided in a way that would involve less restriction of the freedom of choice and movement of the person than would result from the person being an involuntary patient. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 29 Content of psychiatric treatment order (1) A psychiatric treatment order made in relation to a person may state 1 or more of the following: (a) a health facility to which the person may be taken; (b) that the person must do either or both of the following: (i) undergo psychiatric treatment, other than electroconvulsive therapy or psychiatric surgery; (ii) undertake a counselling, training, therapeutic or rehabilitation program; (c) that limits may be imposed on communication between the person and other people. (2) A psychiatric treatment order may not include any requirement mentioned in section 31 (Content of restriction order). (3) A psychiatric treatment order made in relation to a person must include a statement that the person-- (a) has the capacity to consent to the order, and consents; or (b) has the capacity to consent to the order, but refuses to do so; or (c) does not have the capacity to consent to the order. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 30 Criteria for making restriction order with psychiatric treatment order In addition to making a psychiatric treatment order in relation to a person, the ACAT may make a restriction order in relation to the person if satisfied that it is in the interests of the person's health or safety or public safety to do so. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 31 Content of restriction order A restriction order made under section 30 in relation to a person may state either or both of the following: (a) that the person must-- (i) live (but not be detained) at a stated place; or (ii) be detained at a stated place; (b) that the person must not approach a stated person or stated place or undertake stated activities. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 32 Role of chief psychiatrist (1) The chief psychiatrist is responsible for the treatment and care of a person to whom a psychiatric treatment order applies. (2) Within 5 working days after the day the order is made, the chief psychiatrist must determine, in writing-- (a) the times when and the place where the person is required to attend to receive treatment, care or support, or undertake a counselling, training, therapeutic or rehabilitation program, in accordance with the order; and (b) the nature of the psychiatric treatment to be given to the person. Note If a form is approved under s 146A for a determination, the form must be used. (3) The chief psychiatrist must also determine, in writing, the place where the person must live if-- (a) the ACAT has not made a restriction order requiring the person to live at a stated place; and (b) the chief psychiatrist considers that the person should live at a place other than the place where the person usually lives. (4) Before making a determination, the chief psychiatrist must, if practicable, consult-- (a) the person; and (b) if the person has a guardian under the Guardianship and Management of Property Act 1991--the guardian; and (c) if the person has an attorney appointed under the Powers of Attorney Act 2006--the attorney. (5) For subsection (2) (b), the chief psychiatrist must not determine treatment that has, or is likely to have, the effect of subjecting the person to whom it is given to undue stress or deprivation, having regard to the benefit likely to result from the treatment. (6) As soon as practicable after making a determination, the chief psychiatrist must give a copy of the determination to the ACAT and the public advocate. (7) The chief psychiatrist may also give a copy of the determination to-- (a) any guardian consulted under subsection (4) (b); and (d) any attorney consulted under subsection (4) (c). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 33 Treatment to be explained (1) Before treatment is given to a person under a psychiatric treatment order, the chief psychiatrist must explain to the person the nature and effects (including any side effects) of the treatment. (2) The explanation must be given in the language or way of communicating that the person is most likely to understand. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 34 Action if psychiatric treatment order no longer appropriate (1) This section applies if the chief psychiatrist is satisfied that-- (a) a person subject to a psychiatric treatment order is no longer a person in relation to whom the ACAT could make a psychiatric treatment order; or (b) if the person is also subject to a restriction order--it is no longer necessary for the person to be subject to the restriction order. (2) The chief psychiatrist must tell the ACAT and the public advocate in writing. Note The ACAT must review the order within 72 hours after being notified under this section (see s 36L (2)). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 35 Powers in relation to detention, restraint etc (1) This section applies if a psychiatric treatment order has been made in relation to a person. (2) If the chief psychiatrist considers that it is necessary for the treatment and care of the person to detain the person at certain premises, the chief psychiatrist may-- (a) take, or authorise someone else to take, the person to the premises and for that purpose-- (i) use the force and assistance that is necessary and reasonable to apprehend the person and take the person to the premises stated by the chief psychiatrist; and (ii) if there are reasonable grounds for believing that the person is at particular premises--enter those premises using the force and assistance that is necessary and reasonable; and (b) keep the person at the premises in the custody that the chief psychiatrist considers appropriate; and (c) subject the person to the confinement or restraint that is necessary and reasonable-- (i) to prevent the person from causing harm to himself, herself or someone else; or (ii) to ensure that the person remains in custody under the order; and (d) subject the person to involuntary seclusion if satisfied that it is the only way in the circumstances to prevent the person from causing harm to himself, herself or someone else. (3) In acting under this section, the chief psychiatrist must have regard to the matters stated in section 7 (Objectives of Act) and section 9 (Maintenance of freedom, dignity and self-respect). (4) If the chief psychiatrist subjects a person to involuntary restraint or seclusion, the chief psychiatrist must-- (a) enter in the person's record the fact of and the reasons for the involuntary restraint or seclusion; and (b) tell the public advocate in writing within 24 hours after the person is subjected to the involuntary restraint or seclusion; and (c) keep a register of the involuntary restraint or seclusion. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36 Criteria for making community care order The ACAT may make a community care order in relation to a person if-- (a) the person is mentally dysfunctional; and (b) the ACAT has reasonable grounds for believing that, because of the mental dysfunction, the person is likely to-- (i) do serious harm to himself, herself or someone else; or (ii) suffer serious mental or physical deterioration; unless subject to involuntary treatment, care or support; and (c) the ACAT is satisfied that treatment, care or support is likely to reduce the harm, or the likelihood of harm, mentioned in paragraph (b); and (d) the ACAT is satisfied that, in the circumstances, a psychiatric treatment order should not be made; and (e) the treatment, care or support cannot be adequately provided in a way that would involve less restriction of the freedom of choice and movement of the person than would result from the person being an involuntary patient. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36A Content of community care order (1) A community care order made in relation to a person may state 1 or more of the following: (a) that the person is to be given treatment, care or support; (b) that the person may be given medication for the treatment or amelioration of the person's mental dysfunction that is prescribed by a doctor; (c) that the person is to undertake a counselling, training, therapeutic or rehabilitation program; (d) that limits may be imposed on communication between the person and other people. (2) A community care order may not include any requirement mentioned in section 36C (Content of restriction order). (3) A community care order made in relation to a person must include a statement that the person-- (a) has the capacity to consent to the order, and consents; or (b) has the capacity to consent to the order, but refuses to do so; or (c) does not have the capacity to consent to the order. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36B Criteria for making restriction order with community care order In addition to making a community care order in relation to a person, the ACAT may make a restriction order in relation to the person if satisfied that it is in the interests of the person's health or safety or public safety to make the order. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36C Content of restriction order A restriction order made under section 36B in relation to a person may state either or both of the following: (a) that the person must-- (i) live (but not be detained) at a stated community care facility or another stated place; or (ii) be detained at a stated community care facility; (b) that the person must not approach a stated person or stated place or undertake stated activities. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36D Role of care coordinator (1) The care coordinator is responsible for coordinating the provision of treatment, care and support for a person to whom a community care order applies. (2) Within 5 working days after the day the order is made, the care coordinator must determine, in writing, the times when and the place where the person is required to attend to receive treatment, care or support, or undertake a counselling, training, therapeutic or rehabilitation program, in accordance with the order. Note If a form is approved under s 146A for a determination, the form must be used. (3) Before making a determination, the care coordinator-- (a) must consult-- (i) the ACAT; and (ii) if the person has an attorney appointed under the Powers of Attorney Act 2006--the attorney; and (iii) if the person has a guardian under the Guardianship and Management of Property Act 1991--the guardian; and (b) if practicable, must consult-- (i) the person; and (ii) if the person has an attorney appointed under the Powers of Attorney Act 1956--the attorney; and (c) may consult any other service provider the care coordinator considers relevant. (4) After making a determination, the care coordinator must record whether the person was consulted and-- (a) if the person was consulted--what the person's views were; or (b) if the person was not consulted--the reasons why. (5) As soon as practicable after making a determination, the care coordinator must give a copy of the determination to-- (a) the ACAT; and (b) the public advocate; and (c) any guardian consulted under subsection (3) (a) (iii); and (d) any attorney consulted under subsection (3) (b) (ii). (6) The care coordinator may also give a copy of the determination to-- (a) anyone consulted under subsection (3) (c); and (b) anyone providing treatment to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36E Treatment to be explained (1) Before treatment is given to a person under a community care order, the care coordinator must ensure that the nature and effects (including any side effects) of the treatment are explained to the person. (2) The explanation must be given in the language or way of communicating that the person is most likely to understand. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36F Action if community care order no longer appropriate (1) This section applies if the care coordinator is satisfied that-- (a) a person subject to a community care order is no longer a person in relation to whom the ACAT could make a community care order; or (b) if the person is also subject to a restriction order--it is no longer necessary for the person to be subject to the restriction order. (2) The care coordinator must tell the ACAT and the public advocate in writing. Note The ACAT must review the order within 72 hours after being notified under this section (see s 36L (2)). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36G Powers in relation to detention, restraint etc (1) Subsection (2) applies if a community care order has been made in relation to a person and-- (a) a restriction order has also been made in relation to the person requiring the person to be detained at a community care facility; or (b) the care coordinator requires the person to be detained at a community care facility under section 36K (Contravention of psychiatric treatment order or community care order). (2) The care coordinator may-- (a) take, or authorise someone else to take, the person to the premises and, for that purpose-- (i) use the force and assistance that is necessary and reasonable to apprehend the person and take the person to the premises; and (ii) if there are reasonable grounds for believing that the person is at particular premises--enter those premises using the force and assistance that is necessary and reasonable; and (b) keep the person at the premises in the custody that the ACAT considers appropriate; and (c) subject the person to the confinement or restraint that is necessary and reasonable-- (i) to prevent the person from causing harm to himself, herself or someone else; or (ii) to ensure that the person remains in custody under the order; and (d) subject the person to involuntary seclusion if satisfied that it is the only way in the circumstances to prevent the person from causing harm to himself, herself or someone else; and (3) If a community care order made in relation to a person authorises the giving of medication for the treatment or amelioration of the person's mental dysfunction, the care coordinator may-- (a) approve the administration by appropriately trained people of medication prescribed by a doctor in accordance with the order; and (b) for that purpose, use (or authorise someone else to use) the force and assistance that is necessary and reasonable. (4) In acting under subsection (2) or (3), the care coordinator must have regard to the matters stated in section 7 (Objectives of Act) and section 9 (Maintenance of freedom, dignity and self-respect). (5) If the care coordinator subjects a person to involuntary restraint or seclusion, or the involuntary administration of medication prescribed by a doctor, the care coordinator must-- (a) enter in the person's record the fact of and the reasons for the involuntary restraint, seclusion or administration of medication; and (b) tell the ACAT and the public advocate in writing within 24 hours after the person is subjected to the involuntary restraint, seclusion or administration of medication; and (c) keep a register of the involuntary restraint, seclusion or administration of medication. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36H Limits on communication (1) This section applies if-- (a) a mental health order is made in relation to a person; and (b) the ACAT orders that limits may be imposed on communication between the person and other people; and (c) the relevant official has reasonable grounds for believing that it is necessary, in the interests of the effective treatment of the person, that communication between the person and other people be limited. (2) The relevant official may, subject to the order mentioned in subsection (1) (b), impose limits on communication by the person with other people that are necessary and reasonable to avoid prejudicing the effectiveness of the treatment. (3) As soon as practicable after imposing limits on communication by a person, the relevant official must explain to the person-- (a) the nature of the limits; and (b) the period for which the limits will be in effect; and (c) the reasons for imposing the limits. (4) The explanation must be given in the language or way of communicating that the person is most likely to understand (5) Limits must not be imposed for a period longer than 7 days. (6) Subsection (5) does not prevent further limits being imposed immediately after the limits previously imposed cease to have effect. (7) This section has effect despite part 6 (Rights of mentally dysfunctional or mentally ill persons) but subject to section 36I. (8) In this section: "relevant official", in relation to a person subject to a mental health order, means-- (a) if the person is subject to a psychiatric treatment order--the chief psychiatrist; and (b) if the person is subject to a community care order--the care coordinator. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36I Communication with public advocate and person's lawyer (1) If the relevant official has imposed limits on communication by a person under section 36H, the official must ensure that the person has reasonable access to facilities, and adequate opportunity, to contact the public advocate and the person's lawyer. (2) The relevant official must, if asked by the public advocate or the person's lawyer, give any reasonable assistance necessary to allow the public advocate or lawyer to have access to the person. (3) In this section: "relevant official"--see section 36H (8). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36J Duration of orders (1) Unless sooner revoked-- (a) a psychiatric treatment order or community care order has effect for-- (i) 6 months; or (ii) if a shorter period is stated in the order--the shorter period; and (b) a restriction order has effect for-- (i) 3 months; or (ii) if a shorter period is stated in the order--the shorter period. (2) This section does not apply to an order made in relation to an offender with a mental impairment. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36K Contravention of psychiatric treatment order or community care order (1) This section applies if-- (a) a mental health order (but not a restriction order) is in force in relation to a person; and (b) the person contravenes the order. (2) This section also applies if-- (a) a restriction order is in force in relation to a person; and (b) the relevant official tells the ACAT that the relevant official considers that the person has contravened the order; and Note The ACAT must review the order within 72 hours after being notified under this section (see s 36L (2)). (c) the ACAT authorises the relevant official to act under this section. (3) The relevant official may-- (a) orally tell the person that failure to comply with the order may result in the person being apprehended and being taken to an approved mental health facility for treatment or care; and (b) if the noncompliance continues after the taking of action under paragraph (a)--tell the person in writing that failure to comply with the order will result in the person being apprehended and being taken to an approved mental health facility for treatment or care; and (c) if the noncompliance continues after the taking of action under paragraph (b)--require the person to be detained in an approved mental health facility to ensure compliance with the order. (4) If the relevant official requires the detention of a person under subsection (3) (c), he or she must tell the ACAT and the public advocate-- (a) the name of the person detained; and (b) the reasons for requiring the detention; and (c) the name and address of the approved mental health facility where the person is detained. (5) If a person is required to be detained under subsection (3) (c), a police officer, mental health officer or doctor may apprehend the person and take the person to an approved mental health facility. (6) For subsection (5), a police officer, mental health officer or doctor-- (a) may use the force and assistance that is necessary and reasonable to apprehend the person and take the person to the facility; and (b) if there are reasonable grounds for believing that the person is at particular premises--may enter those premises using the force and assistance that is necessary and reasonable. (7) If a person is detained under subsection (3) (c), the relevant official must tell the ACAT and the public advocate within 72 hours. (8) In this section: "relevant official"--see section 36H (8). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 36L Review, variation and revocation of orders (1) The ACAT may, on application or on its own initiative, review a mental health order in force in relation to a person. (2) If the ACAT receives notice under section 34, section 36F or section 36K (2) in relation to a person, the ACAT must review the mental health orders in force in relation to the person within 72 hours. (3) Subsection (2) has effect despite section 85 (Notice of hearing). (4) If the ACAT is satisfied that a person subject to a psychiatric treatment order or community care order is no longer a person in relation to whom the ACAT could make a psychiatric treatment order or community care order, the ACAT must revoke all the mental health orders in force in relation to the person. (5) In any other case, the ACAT may, if appropriate to do so-- (a) vary or revoke any of the mental health orders in force in relation to the person; or (b) make additional mental health orders in relation to the person; or (c) make an order for another assessment under section 16 in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 37 Apprehension (1) If a police officer has reasonable grounds for believing that a person is mentally dysfunctional or mentally ill and has attempted or is likely to attempt-- (a) to commit suicide; or (b) to inflict serious harm on himself or herself or another person; the police officer may apprehend the person and take him or her to an approved health facility. (2) Where a doctor or mental health officer believes on reasonable grounds that-- (a) a person is mentally dysfunctional or mentally ill and-- (i) as a consequence, requires immediate treatment or care; or (ii) in the opinion of the doctor or mental health officer, the person's condition will deteriorate within 3 days to such an extent that the person would require immediate treatment or care; (b) the person has refused to receive that treatment or care; and (c) detention is necessary for the person's own health or safety, social or financial wellbeing, or for the protection of members of the public; and (d) adequate treatment or care cannot be provided in a less restrictive environment; the doctor or mental health officer may apprehend the person and take him or her to an approved health facility. (3) The ACAT must, on application, review the decision of a doctor or mental health officer under subsection (2) (a) (ii) within 2 working days after the day the application is made. (4) For subsections (1) and (2), a police officer, doctor or mental health officer-- (a) may use such force and assistance as is necessary and reasonable to apprehend the person and take him or her to the facility; and (b) if there are reasonable grounds for believing that the person is at certain premises--may enter those premises using such force and with such assistance as is necessary and reasonable. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 38 Detention (1) Where a person is taken to an approved health facility under section 37 or the Crimes Act, section 309 (1) (a), the person in charge of the facility shall detain the person at the facility and while the person is so detained-- (a) may keep the person in such custody as the person in charge thinks appropriate; and (b) may subject the person to such confinement as is necessary and reasonable-- (i) to prevent the person from causing harm to himself or herself or to another person; or (ii) to ensure that the person remains in custody; and (c) may subject the person to such restraint (other than confinement) as is necessary and reasonable-- (i) to prevent the person from causing harm to himself or herself or to another person; or (ii) to ensure that the person remains in custody. (2) If a doctor or mental health officer believes on reasonable grounds that a person who has voluntarily attended an approved health facility is a person to whom section 37 (2) (a) to (d) apply, the doctor or mental health officer may detain the person at the facility and, while the person is so detained, the person in charge of the facility may exercise the powers mentioned in subsection (1) (a) to (c) in relation to the person detained. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 38A Circumstances in which copy of court order to be provided A police officer or corrections officer who conveys an accused person to an approved health facility for examination by a medical practitioner under the Crimes Act, section 309 (1) (a) shall give a copy of the court order to the person in charge of the facility. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 39 Statement of action taken (1) A police officer, doctor or mental health officer shall, as soon as practicable after taking a person to an approved health facility under section 37, prepare and give to the person in charge of the facility a written statement containing a description of the action taken under that section, including the following details: (a) the name and address (if known) of the person taken to the facility; (b) the date and time when the person was taken to the facility; (c) detailed reasons for taking the action; (d) the extent of the force or assistance used to enter any premises, or to apprehend the person and to take him or her to the facility. (2) The person in charge of a facility who receives a statement under subsection (1) shall place the statement with the clinical records of the person whom it concerns. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 40 Examination by doctor (1) The person in charge of an approved health facility shall ensure that a person taken to the facility under section 37 or the Crimes Act, section 309 (1) (a) is examined by a doctor employed at the facility within 4 hours of the person arriving at the facility. (2) The person in charge of an approved mental health facility must ensure that a person detained at the facility under section 38 (2) is examined by a doctor employed at the facility within 4 hours of being detained. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 41 Authorisation of involuntary detention (1) Where the doctor who examines a person under section 40 has reasonable grounds for believing that-- (a) the person is mentally dysfunctional or mentally ill and-- (i) as a consequence, requires immediate treatment or care; or (ii) in the opinion of the doctor, the person's condition will deteriorate within 3 days to such an extent that the person would require immediate treatment or care; and (b) the person has refused to receive that treatment or care; and (c) detention is necessary for the person's own health or safety, social or financial wellbeing, or for the protection of members of the public; and (d) adequate treatment or care cannot be provided in a less restrictive environment; the doctor may authorise the involuntary detention and care of the person at an approved mental health facility for a period not exceeding 3 days. (2) Where-- (a) a person is detained under subsection (1); and (b) an application for further detention is made by a psychiatrist before the period of detention expires; the ACAT may order that, on the expiration of that period, the person be so detained for the further period (not exceeding 7 days) specified in the order. Note If a form is approved under s 146A (Approved forms) for a seclusion register, the form must be used. (3) The ACAT shall, on application, review the decision of a doctor or mental health officer under subsection (1) (a) (ii) within 2 working days of the date of receipt of the application. (4) On receipt of an application under subsection (2) (b), the ACAT shall review an order under subsection (2) within 2 working days after the date of the application. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 41A Notification of Magistrates Court about emergency detention or release from emergency detention The person in charge of an approved health facility-- (a) shall notify the Magistrates Court of the results of an examination conducted by a doctor under an order under the Crimes Act, section 309 (1); and (b) if, after examination by the doctor-- (i) the person is to be detained for treatment or care--shall ensure that the person is detained for the purposes of receiving that treatment or care; or (ii) the person is not to be detained for treatment or care, or is to be released after being detained--shall release the person into the custody of a police officer. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 42 Notification of certain persons about detention (1) This section applies if a doctor authorises the involuntary detention of a person under section 41 (1). (2) The doctor must, within 12 hours after authorising the involuntary detention, notify the public advocate and the ACAT of-- (a) the name of the person detained; and (b) the reasons for authorising the involuntary detention and care; and (c) the name and address of the approved mental health facility where the person is being detained. Maximum penalty: 5 penalty units. (3) The person in charge of a facility in which a person is detained under section 41 shall, if the accused person has been taken to the facility in accordance with an order under the Crimes Act, section 309 (1) (a), in addition to complying with subsection (1) of this section, notify the court of the reasons for the involuntary detention and care. (4) The person in charge of a facility in which a person is detained under section 41 shall ensure that the person has adequate opportunity to notify a relative or friend of the person's detention. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 43 Medical examination The person in charge of an approved mental health facility shall ensure that a proper physical and psychiatric examination of a person detained at the facility under section 41 (1) is undertaken within 24 hours of the person being so detained. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 44 Treatment during detention (1) The person in charge of a mental health facility at which a person is detained under section 41 shall ensure that during the period of detention-- (a) any custody under which the person detained is kept; and (b) any confinement or other restraint to which the person detained is subjected; and (c) any treatment administered to the person detained; is the minimum necessary to prevent any immediate and substantial risk of the person detained causing harm to himself or herself or to another person. Note Special provisions apply for the emergency administration of electroconvulsive therapy (see subdiv 7.2.4). (2) Subsection (1) does not apply if a person has a mental illness for which, in the opinion of a psychiatrist, the most appropriate treatment is long acting medication. (3) In determining whether to administer long acting medication, the psychiatrist shall take into account the likely deterioration in the person's condition within 3 days of his or her examination of the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 45 Communication during detention (1) A person commits an offence if-- (a) the person is in charge of a mental health facility; and (b) a person (the detainee) is detained at the facility; and (c) the person does not ensure that, during the detention, the detainee has reasonable access to facilities, and adequate opportunity, to contact the public advocate and the detainee's lawyer. Maximum penalty: 20 penalty units. (2) A person commits an offence if-- (a) the person is in charge of a mental health facility; and (b) a person (the detainee) is detained at the facility; and (c) the public advocate or the detainee's lawyer asks the person to give any reasonable assistance necessary to allow the public advocate or lawyer to have access to the detainee; and (d) the person does not ensure that the assistance is given. Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 46 Orders for release (1) If satisfied that the detention of a person under section 41 (1) or (2) is no longer justified then, subject to subsection (2)-- (a) the doctor who examined the person under section 43; or (b) the chief psychiatrist; or (c) the ACAT; may order the release of the person before the period of detention authorised under that subsection expires. (2) If the person detained under section 41 (1) or (2) is an accused person to whom an order under the Crimes Act, section 309 (1) applies-- (a) the doctor who examined the person under section 43; or (b) the chief psychiatrist; or (c) the ACAT; shall notify the person in charge of an approved mental health facility if satisfied that the detention of the person is no longer justified. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 47 Duty to release (1) A person in charge of an approved mental health facility shall ensure that a person detained at that facility under section 41 (1) or (2)-- (a) is released in accordance with an order under section 46; or (b) if no such order is made and subject to any other order of the ACAT--is released at the expiration of the period of detention authorised under section 41 (1) or (2). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) If the person in charge of an approved mental health facility is notified under section 46 (2), he or she shall, as soon as practicable, discharge the person to whom the notification relates into the custody of a police officer. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48 Approved facilities (1) The Minister may approve-- (a) a health facility as a facility to which persons may be taken under a psychiatric treatment order mentioned in section 29 (1) or under section 37; or (b) a mental health facility as a facility at which persons may be detained under section 36K or involuntarily detained and cared for under section 41. (2) An approval under subsection (1) (a) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. (3) An approval under subsection (1) (b) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48A Object of pt 5A The object of this part is to provide for-- (a) the interstate transfer of patients under mental health legislation; and (b) the interstate recognition of documents that authorise the detention of persons under mental health legislation; and (c) the treatment in the ACT of persons subject to mental health orders or similar orders made in other States; and (d) the apprehension of persons subject to certain interstate warrants or orders, or otherwise liable to apprehension, under mental health legislation. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48B Definitions for pt 5A In this part: "agreement" means an agreement made under section 48C. "corresponding law" means a law of another State which is declared to be a corresponding law under section 48D (1). "interstate custodial patient" means a person who is declared to be an interstate custodial patient under section 48D (2). "interstate non-custodial order" means an order which is declared to be an interstate non-custodial order under section 48D (4). "State" includes Territory. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48C Authority to enter into agreements (1) The Minister may enter into an agreement with a Minister of another State for or with respect to the application of mental health laws of the ACT or the other State, the transfer, detention and apprehension of persons in the ACT and the other State under mental health laws and administrative matters and other matters ancillary to, or consequential on, any of those matters or other matters contained in this part. (2) Nothing in this section limits the power of the Minister to enter into any agreement relating to mental health laws. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48D Recognition of interstate laws and orders (1) The regulations may declare that a specified law of another State relating to mental health is a corresponding law for this part. (2) The regulations may declare that a specified class of persons, being persons who under a corresponding law are required to be detained at a hospital or other facility or in the custody of a person, are interstate custodial patients for this part. (3) The regulations may declare that a class of interstate custodial patients corresponds to 1 of the following: (a) persons being detained under section 38, with the detention having commenced at a specified time; (b) persons being detained under section 41, with the detention having commenced at a specified time; (c) persons subject to a specified custody order that was made at a specified time. (4) The regulations may declare that a specified class of orders made under a corresponding law, being orders which require the treatment of a person but not the holding of the person in custody, are interstate non-custodial orders for this part. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48E Territory officers may exercise functions under corresponding laws Subject to any agreement under section 48C, a person authorised by the Minister for this section may exercise any function conferred on him or her by or under a corresponding law or an agreement under section 48C. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48F Emergency admission of persons to health facilities in other States (1) A person who may be apprehended and detained at an approved health facility under section 37 may be taken to a health facility in another State for detention instead, if this is permitted by or under a corresponding law of the other State. (2) A person may be taken to a health facility in another State under this section by-- (a) a person who is authorised by this Act to apprehend the person and deliver him or her to an approved health facility, if this is permitted by or under the law of the other State; or (b) any other person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State. (3) The regulations may provide for or with respect to-- (a) the handing over of custody of a person referred to in subsection (1) by persons in the ACT; and (b) the persons (including interstate persons) who may take such a person to a health facility in another State under this section; and (c) the health facilities to which a person may be taken under this section. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48G Transfer of custodial patients from ACT (1) A person who-- (a) is being detained at an approved health facility or an approved mental health facility under section 38 or 41; or (b) is subject to a psychiatric treatment order and is being detained under-- (i) a restriction order made under section 30; or (ii) action taken under section 35 (Powers in relation to detention, restraint etc) or section 36K (Contravention of psychiatric treatment order or community care order); may be transferred to a health facility in another State, if the transfer is permitted by or under a provision of a corresponding law of the other State and is in accordance with the regulations. (2) A person may be taken to a health facility in another State under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State. (3) The regulations may provide for or with respect to-- (a) procedures for authorising the transfer of a person under this section and for notifying any such transfer or proposed transfer; and (b) criteria for authorising the transfer of a person under this section; and (c) the handing over of custody of such a person by persons in the ACT; and (d) the persons (including interstate persons) who may take a person to a health facility in another State under this section; and (e) the health facilities to which a patient may be taken under this section. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48H Application of Act to persons transferred interstate (1) Subject to the regulations, this Act ceases to apply to a person who is accepted into the custody of a responsible person at a heath facility in another State under section 48F or 48G. (2) Where an agreement under section 48C allows it, the regulations may provide for provisions of this Act to continue to apply in specified circumstances to a person after the person is accepted into the custody referred to in subsection (1). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48I Emergency admission of interstate persons to approved health facilities (1) A person who may be taken to and detained in a hospital or other facility in another State under a corresponding law of that State may instead be taken to and detained in an approved health facility in the ACT. (2) A person may be taken to an approved health facility in the ACT under this section by-- (a) a person who is authorised under section 37 to apprehend a person and take the person to an approved health facility, if this is permitted by or under a law of the other State; or (b) any other person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State. (3) The regulations may provide for or with respect to-- (a) the handing over of custody of a person referred to in subsection (1) to persons in the ACT; and (b) the persons (including interstate persons) who may take such a person to an approved health facility in the ACT under this section; and (c) the health facilities to which a person may be taken under this section. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48J Application of Act to persons detained under s 48I This Act applies to a person who is taken to and detained in an approved health facility under section 48I as if it had been done under section 37. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48K Transfer of interstate custodial patients to health facilities in ACT (1) An interstate custodial patient may be transferred to an approved health facility or an approved mental health facility in the ACT, if the transfer is authorised under a provision of a corresponding law of the other State and accepted by the person in charge of the facility. (2) An interstate custodial patient may be taken to a facility in the ACT under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State. (3) The person in charge of an approved health facility or an approved mental health facility shall not accept the transfer of an interstate custodial patient to the facility unless the person in charge is satisfied that the patient could reasonably be detained under this Act. (4) A regulation may make provision in relation to the following: (a) the procedures for authorising and arranging the receipt of an interstate custodial patient under this section; (b) a person (including an interstate person) who may take an interstate custodial patient to a facility in the ACT under this section; (c) receiving custody of an interstate custodial patient by a person in the ACT; (d) the period within which an interstate custodial patient must be reviewed by the ACAT after being transferred to a facility in the ACT. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48L Application of Act to persons transferred to ACT under s 48K An interstate custodial patient who is transferred to an approved health facility or an approved mental health facility under section 48K is subject to this Act-- (a) where no regulation has been made under section 48D (3) that applies to the patient--as if the patient had been first detained at the facility in accordance with section 38 at the time of admission to the facility; or (b) where a regulation made under section 48D (3) (a) applies to the patient--as if the patient had been first detained at the facility in accordance with section 38 at the time specified in the regulation; or (c) where a regulation made under section 48D (3) (b) applies to the patient--as if the patient had been first detained at the facility in accordance with section 41 at the time specified in the regulation; or (d) where a regulation made under section 48D (3) (c) applies to the patient--as if the patient were subject to the custody order specified in the regulation. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48M Psychiatric treatment orders relating to interstate people (1) A psychiatric treatment order may be made under division 4.4 even though the affected person does not reside in the ACT, if-- (a) the agencies responsible for implementing the order are located in the ACT; or (b) the order is allowed under an agreement under section 48C with the State where the person resides. (2) However, a restriction order mentioned in section 31 (a) (ii) may not be made in relation to the affected person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48N Orders relating to ACT residents (1) Where a person (the patient) is subject to an interstate non-custodial order, persons who are authorised under the corresponding law of the State concerned to implement the order may treat the patient in the ACT and exercise other functions in the ACT for the purpose of implementing the order. (2) The regulations may provide for or with respect to-- (a) limiting the persons who may act under this section; and (b) limiting the treatment that may be given or functions that may be exercised under this section. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48P Recognition of apprehension orders A warrant, order or other document issued under a corresponding law, being a document which authorises the apprehension of a person, is recognised in the ACT if the conditions for recognition set out in the regulations are met. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48Q Apprehension of interstate persons absent without leave or in breach of orders (1) Where a person-- (a) is the subject of a warrant, order or other document recognised in the ACT under section 48P; or (b) is otherwise liable to be apprehended, under a provision of a corresponding law under which the person may be apprehended and taken to a health facility; the person may be apprehended at any time-- (c) by a police officer; or (d) by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State. (2) A person who has been apprehended under this section may be-- (a) conveyed to and detained in an approved health facility in the ACT; or (b) where it is permitted by a corresponding law of the other State concerned--conveyed to that State and there dealt with in accordance with the corresponding law. (3) This Act applies to a person conveyed to and detained in an approved health facility under subsection (2) (a) as if the person were first detained at the facility in accordance with section 41 at the time of admission to the facility. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 48R Regulations relating to apprehension of persons The regulations may provide for or with respect to-- (a) the kinds of warrants, orders or other documents that may be recognised in the ACT for this part; and (b) the conditions (if any) to be met before a warrant, order or other document can be recognised in the ACT; and (c) the circumstances when a person is taken to be liable to be apprehended under a corresponding law; and (d) the persons (including interstate persons) who may apprehend a person under this section; and (e) the health facilities and places to which a person can be taken under this part (whether in the ACT or another State); and (f) the actions (including transfer to the other State) that may be taken in respect of a person detained under this part. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 49 Meaning of responsible person In this part: "responsible person"-- (a) in relation to a mental health facility that is not conducted by the Territory--means the owner of the facility; or (b) in relation to a psychiatric institution conducted by the Territory--means the chief psychiatrist; or (c) in relation to any other mental health institution or community care facility conducted by the Territory--the chief executive of the administrative unit responsible for the conduct of the institution or facility. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 50 Statement of rights (1) The responsible person shall ensure that on admission to, or before receiving treatment at, the mental health facility or community care facility, a person-- (a) is orally advised of his or her rights under this Act; and (b) is given a copy of an information statement containing-- (i) a prescribed statement setting out the rights and entitlements of persons under this Act, including the right to obtain legal advice and the right to seek a second opinion from an appropriate mental health professional; and (ii) any other information relating to the treatment and care of the person that the Minister considers relevant. (2) The responsible person shall ensure that, wherever possible, a person is given an information statement in a language with which the person is familiar. (3) The responsible person shall ensure that, if a person appears to be incapable of reading and understanding an information statement, then as far as practicable arrangements are made to convey the information contained in the statement to the person in the language, mode of communication or terms that the person is most likely to understand. (4) The responsible person shall ensure that, if a person appears to be unable to understand the information contained in an information statement, the public advocate is informed of that fact. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 51 Information to be provided The responsible person shall ensure that the following items are kept at the mental health facility or community care facility in a place readily accessible to all persons admitted to, or receiving treatment at, the facility: (a) copies of this Act, the Guardianship and Management of Property Act 1991 and any other relevant legislation; (b) copies of any publications prepared by the administrative unit to which responsibility for the administration of that legislation is allocated for the purpose of explaining the legislation; (c) copies of information statements printed in different languages; (d) a list of the addresses and telephone numbers of the offices of, and the relevant functions of, the following: (i) the ACAT; (ii) the Supreme Court; (iii) the Magistrates Court; (iv) the public advocate; (v) the chief psychiatrist; (vi) the care coordinator; (vii) the legal aid commission; (viii) the ombudsman. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 52 Communication (1) The responsible person shall ensure that all persons admitted to, or receiving treatment at, the mental health facility or community care facility are given reasonable opportunities to communicate with persons of their choice by means other than written communication. (2) The responsible person shall ensure that a person admitted to, or receiving treatment at, the mental health facility or community care facility is provided, on request, with facilities for preparing written communications and for enclosing those communications in sealed envelopes. (3) The responsible officer shall ensure any written communication addressed to or written by a person admitted to, or receiving treatment at, the mental health facility or community care facility (other than an offender with a mental impairment) is forwarded without being opened and without delay to the person to whom it is addressed. (4) Subject to any security conditions imposed under any Act, the responsible officer shall ensure any written communication addressed to or written by an offender with a mental impairment is forwarded without being opened and without delay to the person to whom it is addressed. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 53 Failure by owner to comply The owner of a mental health facility that is not conducted by the Territory who, without reasonable excuse, fails to comply with this part commits an offence. Maximum penalty: 20 penalty units. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 54 Informed consent (1) For this part, a person gives informed consent to a procedure if the consent is given by the person after-- (a) the person has been given a clear explanation of the procedure that contains sufficient information to enable the person to make a balanced judgment about whether or not to consent to the procedure; and (b) the person has been given an adequate description (without exaggeration or concealment) of the benefits, discomfort and risks involved in the procedure; and (c) the person has been advised of all alternative treatments reasonably available that may be of benefit to the person; and (d) the person has been given an opportunity to ask any questions about the procedure, those questions have been answered and the person appears to have understood the answers; and (e) a full disclosure has been made to the person of any financial relationship between the person seeking to obtain the consent, the doctor who is proposing to conduct the procedure or both (as the case may be) and the psychiatric institution at which it is proposed to conduct the procedure; and (f) the person has been given, has read and appears to have understood a notice stating that-- (i) the person has the right to obtain independent legal and medical advice and any other independent advice or assistance before giving informed consent; and (ii) the person is free to refuse or withdraw consent and to have the procedure discontinued at any time; and (g) the person has been given an information statement. (2) For this part, informed consent shall be given in writing signed by the person giving the consent and witnessed by a person, other than the person seeking to obtain the consent or the doctor who is proposing to conduct the procedure. (3) In this section: "procedure" means-- (a) the administration of electroconvulsive therapy; or (b) the performance of psychiatric surgery. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55 What is electroconvulsive therapy? For this Act: "electroconvulsive therapy" means a procedure for the induction of an epileptiform convulsion in a person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55A Electroconvulsive therapy may be administered with consent A doctor, or person authorised by a doctor, may administer electroconvulsive therapy to a person who is not the subject of a psychiatric treatment order if-- (a) the person gives informed consent to the administration of the electroconvulsive therapy; and (b) the person has not had electroconvulsive therapy administered on 10 or more occasions since the consent; and (c) the person has not withdrawn the consent, either orally or in writing. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55B Offence--electroconvulsive therapy without consent (1) A doctor commits an offence if-- (a) a person has not given informed consent to the administration of electroconvulsive therapy; and (b) the doctor-- (i) administers electroconvulsive therapy to the person; or (ii) authorises the administration of electroconvulsive therapy to the person. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to the administration of electroconvulsive therapy to a person in accordance with-- (a) an electroconvulsive therapy order in force in relation to the person; or (b) an emergency electroconvulsive therapy order in force in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55C Offence--electroconvulsive therapy on 10 or more occasions since consent (1) A doctor commits an offence if-- (a) a person has given informed consent to the administration of electroconvulsive therapy; and (b) electroconvulsive therapy has been administered to the person on 10 or more occasions since the person consented; and (c) the doctor-- (i) administers electroconvulsive therapy to the person; or (ii) authorises the administration of electroconvulsive therapy to the person. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to the administration of electroconvulsive therapy to a person in accordance with-- (a) an electroconvulsive therapy order in force in relation to the person; or (b) an emergency electroconvulsive therapy order in force in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55D Offence--electroconvulsive therapy after consent withdrawn (1) A doctor commits an offence if-- (a) a person has given informed consent to the administration of electroconvulsive therapy; and (b) the person withdraws the consent, whether orally or in writing; and (c) after the consent is withdrawn, the doctor-- (i) administers electroconvulsive therapy to the person; or (ii) authorises the administration of electroconvulsive therapy to the person. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to the administration of electroconvulsive therapy to a person in accordance with-- (a) an electroconvulsive therapy order in force in relation to the person; or (b) an emergency electroconvulsive therapy order in force in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55E Electroconvulsive therapy may be administered under electroconvulsive therapy order A doctor, or person authorised by a doctor, may administer electroconvulsive therapy to a person who is the subject of a psychiatric treatment order if-- (a) there is an electroconvulsive therapy order in force in relation to the person; and (b) the person has not had electroconvulsive therapy administered on 10 or more occasions since the electroconvulsive therapy order was made; and (c) if the electroconvulsive therapy order states that the person had the capacity to consent to the order, and gave informed consent to the order--the person has not withdrawn the consent, either orally or in writing. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55F Application for electroconvulsive therapy order (1) The chief psychiatrist or a doctor may apply for an order (an electroconvulsive therapy order) for the administration of electroconvulsive therapy to a person if-- (a) a psychiatric treatment order is in force in relation to the person; and (b) the chief psychiatrist or doctor believes on reasonable grounds that-- (i) the administration of electroconvulsive therapy is likely to result in substantial benefit to the person; and (ii) either-- (A) all other reasonable forms of treatment available have been tried but have not been successful; or (B) the treatment is the most appropriate treatment reasonably available. (2) The application must be supported by the evidence of a psychiatrist other than the applicant. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55G Criteria for making electroconvulsive therapy order The ACAT may make an electroconvulsive therapy order in relation to a person who is the subject of a psychiatric treatment order if-- (a) the person-- (i) has given informed consent to the administration of electroconvulsive therapy; and (ii) has not withdrawn the consent, either orally or in writing; or (b) the ACAT is satisfied that-- (i) the person is, because of mental illness, incapable of weighing the considerations involved in deciding whether or not to consent to the administration of electroconvulsive therapy; and (ii) the administration of electroconvulsive therapy is likely to result in substantial benefit to the person; and (iii) either-- (A) all other reasonable forms of treatment available have been tried but have not been successful; or (B) the treatment is the most appropriate treatment reasonably available. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55H Content of electroconvulsive therapy order An electroconvulsive therapy order made in relation to a person must-- (a) state that the person may be given electroconvulsive therapy; and (b) include a statement that the person-- (i) has the capacity to consent to the order, and gives informed consent; or (ii) does not have the capacity to consent to the order. Note The ACAT must give a copy of the order to certain people (see s 87). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55I Offence--electroconvulsive therapy without electroconvulsive therapy order (1) A doctor commits an offence if-- (a) a psychiatric treatment order is in force in relation to a person; and (b) an electroconvulsive therapy order is not in force in relation to the person; and (c) the doctor-- (i) administers electroconvulsive therapy to the person; or (ii) authorises the administration of electroconvulsive therapy to the person. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to the administration of electroconvulsive therapy to a person in accordance with an emergency electroconvulsive therapy order in force in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55J Offence--electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order (1) A doctor commits an offence if-- (a) a psychiatric treatment order is in force in relation to a person; and (b) an electroconvulsive therapy order is in force in relation to the person; and (c) electroconvulsive therapy has been administered to the person on 10 or more occasions since the ACAT made the electroconvulsive therapy order; and (d) the doctor-- (i) administers electroconvulsive therapy to the person; or (ii) authorises the administration of electroconvulsive therapy to the person. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to the administration of electroconvulsive therapy to a person in accordance with an emergency electroconvulsive therapy order in force in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55K Offence--electroconvulsive therapy after order consent withdrawn (1) A doctor commits an offence if-- (a) a psychiatric treatment order is in force in relation to a person; and (b) an electroconvulsive therapy order is in force in relation to the person; and (c) the electroconvulsive therapy order states that the person has the capacity to consent to the order, and gives informed consent; and (d) the person withdraws the consent, whether orally or in writing; and (e) after the consent is withdrawn, the doctor-- (i) administers electroconvulsive therapy to the person; or (ii) authorises the administration of electroconvulsive therapy to the person. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to the administration of electroconvulsive therapy to a person in accordance with an emergency electroconvulsive therapy order in force in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55L Electroconvulsive therapy may be administered under emergency electroconvulsive therapy order A doctor, or person authorised by a doctor, may administer electroconvulsive therapy to a person if-- (a) there is an emergency electroconvulsive therapy order in force in relation to the person; and (b) the electroconvulsive therapy is administered in accordance with the emergency electroconvulsive therapy order. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55M Application for emergency electroconvulsive therapy order (1) The chief psychiatrist and a doctor may jointly apply for an order (an emergency electroconvulsive therapy order) for the emergency administration of electroconvulsive therapy to a person if the chief psychiatrist and doctor believe on reasonable grounds that-- (a) the person is at least 16 years old; and (b) the person has a mental illness; and (c) the administration of the electroconvulsive therapy is necessary to save the person's life. (2) The application must be accompanied by-- (a) if a psychiatric treatment order is in force in relation to the person--an application for an electroconvulsive therapy order in relation to the person; or (b) an application for both a psychiatric treatment order and an electroconvulsive therapy order in relation to the person. Note 1 The ACAT must give a copy of the application and accompanying documents to the following people as soon as practicable (and not longer than 24 hours) after the application is lodged: o the public advocate o if the person is a child--the C&YP chief executive (see s 79). Note 2 Certain people are entitled to appear and give evidence, and be represented, at the proceeding including the following: o the person who is the subject of the proceeding o the public advocate o the discrimination commissioner. Other people are also entitled to appear (see s 80). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55N Criteria for making emergency electroconvulsive therapy order (1) The ACAT may make an emergency electroconvulsive therapy order in relation to a person if satisfied that-- (a) the person is at least 16 years old; and (b) the person has a mental illness; and (c) the person is, because of the mental illness, incapable of weighing the considerations involved in deciding whether or not to consent to the administration of electroconvulsive therapy; and (d) the administration of electroconvulsive therapy is necessary to save the person's life; and (e) either-- (i) all other reasonable forms of treatment available have been tried but have not been successful; or (ii) the treatment is the most appropriate treatment reasonably available. (2) In making an emergency electroconvulsive therapy order in relation to a person, the ACAT must take into account the following: (a) the views and wishes of the person, so far as they can be found out; (b) the views and wishes of the people responsible for the day-to-day care of the person, so far as those views and wishes are made known to the ACAT; (c) the views of the people appearing at the proceeding. (3) To remove any doubt, section 85 (Notice of hearing) does not apply to the making of an emergency electroconvulsive therapy order in relation to a person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55O Content of an emergency electroconvulsive therapy order An emergency electroconvulsive therapy order made in relation to a person must state that-- (a) electroconvulsive therapy may be administered to the person on a stated number of occasions (not more than 3); and (b) the order expires a stated number of days (not more than 7) after it is made. Note The ACAT must give a copy of the order to certain people within 24 hours (see s 87). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55P Conflict between orders If an emergency electroconvulsive therapy order is in force in relation to a person and the ACAT makes another order in relation to the person, the emergency electroconvulsive therapy order ceases to be in force. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 56 Offence--electroconvulsive therapy without doctor's consent A person commits an offence if-- (a) the person administers electroconvulsive therapy to someone else; and (b) the person is not a doctor; and (c) the person is not authorised by a doctor to administer the electroconvulsive therapy. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 57 Doctor must record electroconvulsive therapy (1) A doctor commits an offence if the doctor-- (a) administers electroconvulsive therapy to a person; and (b) does not make a record of the administration, including whether the administration was in accordance with an order of the ACAT or was voluntary. Maximum penalty: 20 penalty units. (2) A doctor commits an offence if the doctor-- (a) authorises the administration of electroconvulsive therapy to a person; and (b) does not make a record of the authorisation, including whether the administration is to be in accordance with an order of the ACAT or is voluntary. Maximum penalty: 20 penalty units. (3) A doctor commits an offence if the doctor does not give a record of electroconvulsive therapy mentioned in subsection (1) or (2) to a person in charge of the psychiatric institution where the therapy is, or is to be, administered. Maximum penalty: 20 penalty units. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 58 Electroconvulsive therapy records to be kept for 5 years A person in charge of a psychiatric institution commits an offence if the person does not keep a record of electroconvulsive therapy given under section 57 (3) for at least 5 years after the day the record is given. Maximum penalty: 20 penalty units. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 59 Performance on persons subject to orders of ACAT Psychiatric surgery may be performed on a person under this part despite any order of the ACAT in force in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 60 Approval and consent required A doctor shall not knowingly perform psychiatric surgery on a person-- (a) except in accordance with the approval of the chief psychiatrist; or (b) after he or she is informed under section 66 that the person refuses to have the surgery performed. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 61 Application for approval An application for the approval of the chief psychiatrist for the performance of psychiatric surgery-- (a) shall be made in writing by the doctor proposing to perform the surgery; and (b) shall be delivered to the chief psychiatrist together with-- (i) a copy of the informed consent of the person on whom it is proposed the surgery will be performed; or (ii) a copy of an order of the Supreme Court under section 65. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 62 Application to be considered by committee (1) The chief psychiatrist shall, as soon as practicable after receiving an application in accordance with section 61, submit the application to a committee appointed under section 67 by delivering a copy of the application to the chairperson of the committee. (2) A committee-- (a) shall consider an application submitted to it; and (b) in a report to the chief psychiatrist-- (i) shall recommend whether or not the chief psychiatrist should approve the performance of the psychiatric surgery; and (ii) if the committee recommends that the chief psychiatrist should approve the performance of the surgery--shall recommend the conditions (if any) to which the approval should be subject. (3) A committee shall not recommend that the chief psychiatrist should approve the performance of psychiatric surgery unless-- (a) the committee is satisfied-- (i) that there are reasonable grounds for believing that the performance of the surgery will result in substantial benefit to the person on whom it is proposed to be performed; and (ii) that all alternative forms of treatment reasonably available have failed, or are likely to fail, to benefit the person; and (b) the recommendation is supported by the psychiatrist and the neurosurgeon on the committee. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 63 Chief psychiatrist may require further information (1) The chief psychiatrist shall, at the request of a committee and by notice in writing delivered to the doctor, require the doctor who made the application under section 61 to produce to the chief psychiatrist the documents or other information specified in the notice. (2) Where a requirement is imposed under subsection (1), the committee is not required to give further consideration to the application until the documents and other information specified in the notice are produced to the chief psychiatrist. (3) The chief psychiatrist shall deliver any documents and other information produced in compliance with a requirement under subsection (1) to the chairperson of the committee. (4) Nothing in this section authorises the chief psychiatrist to require the production of documents or other information, other than documents or information relevant to the application being considered by the committee. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 64 Chief psychiatrist to act on committee's recommendation The chief psychiatrist shall deal with an application under section 61 in accordance with the committee's recommendations. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 65 Consent of Supreme Court Where the Supreme Court is, on application by a doctor, satisfied that-- (a) the person in relation to whom the application is made has a mental illness; and (b) the person has not given informed consent to the performance of psychiatric surgery and has not refused, either orally or in writing, to consent to such surgery; and (c) there are grounds for believing that the performance of such surgery is likely to result in substantial benefit to the person; and (d) all alternative forms of treatment reasonably available have failed, or are likely to fail, to benefit the person; the court may, by order, consent to the performance of psychiatric surgery on the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 66 Refusal of surgery (1) A person-- (a) who has given informed consent to the performance of psychiatric surgery; or (b) in respect of whom the Supreme Court has made an order consenting to the performance of such surgery under section 65; may, before the psychiatric surgery is performed, inform the chief psychiatrist or any other person, either orally or in writing, that he or she refuses to have the surgery performed. (2) A person (other than the chief psychiatrist) who is informed that another person refuses to have psychiatric surgery performed on himself or herself shall inform the chief psychiatrist of the refusal. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Where the chief psychiatrist-- (a) has approved the performance of psychiatric surgery on a person under section 64; and (b) is informed under subsection (1) or (2), other than by the doctor who is to perform the surgery, that the person refuses to have the surgery performed; the chief psychiatrist shall inform the doctor of the refusal. (4) Where the chief psychiatrist is informed under subsection (1) or (2) that a person refuses to have psychiatric surgery performed-- (a) any informed consent to the performance of the surgery given by the person, or any order made by the Supreme Court under section 65 in respect of the person, ceases to have effect; and (b) if, immediately before the date of the refusal, an application for the approval of the performance of the surgery has been made but has not been determined--the application is to be taken to have been withdrawn on that date; and (c) any approval given by the chief psychiatrist for the performance of the surgery ceases to have effect. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 67 Committees (1) For the purposes of section 62, the Minister shall appoint a committee consisting of-- (a) a psychiatrist; and (b) a neurosurgeon; and (c) a legal practitioner; and (d) a clinical psychologist; and (e) a social worker. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) The Minister shall appoint a member of a committee to be the chairperson of the committee. (3) A member of a committee shall be paid such remuneration and allowances (if any) as are prescribed. (4) The chairperson of a committee shall convene meetings of the committee. (5) Subject to section 62 (3) (b), a question arising at a meeting of a committee shall be decided in accordance with the opinion of a majority of members of the committee. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 68 Review of certain people found unfit to plead (1) This section applies if-- (a) the Supreme Court or the Magistrates Court makes a decision under the Crimes Act 1900, section 315A (3) or section 315D (7) that a person is unfit to plead to a charge; and (b) the charge is for an offence punishable by imprisonment for 5 years or longer; and (c) an order is made in relation to the charge under any of the following provisions of the Crimes Act 1900: o section 318 (2) (Non-acquittal at special hearing--non-serious offence); o section 319 (2) or (3) (Non-acquittal at special hearing--serious offence); o section 335 (2), (3) or (4) (Fitness to plead--Magistrates Court). (2) The ACAT may (on application or on its own initiative) review the person's fitness to plead at any time. (3) However, the ACAT must review the person's fitness to plead-- (a) as soon as practicable (but within 3 months) after the end of 12 months after the day the order is made; and (b) at least once every 12 months after each review. (4) Subsection (3) does not apply if-- (a) the person has already been found fit to plead; or (b) the director of public prosecutions has told the ACAT, in writing, of the director's intention not to take further proceedings against the person in relation to the offence. (5) On a review, the ACAT must decide on the balance of probabilities whether the person is unfit to plead. (6) The ACAT must decide that the person is unfit to plead if satisfied that the person's mental processes are disordered or impaired to the extent that the person cannot-- (a) understand the nature of the charge; or (b) enter a plea to the charge and exercise the right to challenge jurors or the jury; or (c) understand that the proceeding is an inquiry about whether the person committed the offence; or (d) follow the course of the proceeding; or (e) understand the substantial effect of any evidence that may be given in support of the prosecution; or (f) give instructions to the person's lawyer. (7) The person is not unfit to plead only because the person is suffering from memory loss. (8) To remove any doubt, this section applies even if the person is no longer in custody or under a mental health order. Note A person who is the subject of a proceeding may be subpoenaed to appear at the proceeding (see ACT Civil and Administrative Tribunal Act 2008, s 41). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 70 Recommendations about people with mental impairment (1) This section applies if-- (a) the Supreme Court makes an order under the Crimes Act, division 13.3 requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT to make recommendations to the court about how the person should be dealt with; or (b) a court makes an order under the Crimes Act, division 13.5 (Referral of mentally impaired people to ACAT after conviction) or division 13.6 (Summary proceedings against mentally impaired people), requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT-- (i) to determine whether the person has a mental impairment; and (ii) if the ACAT determines that the person has a mental impairment--to make recommendations to the court about how the person should be dealt with. (2) After an inquiry, and as the ACAT thinks appropriate in relation to the person-- (a) the ACAT must determine on the balance of probabilities, whether or not the person has a mental impairment; and (b) if the ACAT determines that the person has a mental impairment, the ACAT must make recommendations to the court about how the person should be dealt with. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 70A Recommendations about people with mental illness or mental dysfunction (1) This section applies if the Childrens Court makes a care and protection order, interim care and protection order with a mental health ACAT provision or interim therapeutic protection order, under the Children and Young People Act 2008 requiring a person to submit to the jurisdiction of the ACAT to enable the ACAT-- (a) to determine whether the person has a mental illness or mental dysfunction; and (b) if the ACAT determines that the person has a mental illness or mental dysfunction--to make recommendations to the court about how the person should be dealt with. (2) After an inquiry, and as the ACAT thinks appropriate in relation to the person-- (a) the ACAT must determine on the balance of probabilities, whether or not the person has a mental illness or mental dysfunction; and (b) if the ACAT determines that the person has a mental illness or mental dysfunction, the ACAT must make recommendations to the court about how the person should be dealt with. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 71 Service of decisions etc The ACAT must serve a copy of a decision, determination or recommendation made under section 68, section 70 or section 70A on-- (a) the person about whom the decision, determination or recommendation is made; and (b) the representative of that person (if any); and (c) the public advocate; and (d) the director of public prosecutions; and (e) if the person about whom the decision, determination or recommendation is made is a child--the C&YP chief executive. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 72 Periodic review of orders for detention (1) In this section: "order for detention" means-- (b) an order of a court under the Crimes Act, part 13 requiring a person to be detained in custody until the ACAT orders otherwise; or (c) an order of the ACAT requiring a person to be detained in custody under section 74. (2) Where a person has been in custody under an order for detention-- (a) for a period of 6 months; or (b) for a further period of 6 months following the last review of the order under this section; the ACAT shall, as soon as practicable, review the order for detention and may order the release of the person. (3) In considering whether or not to order the release of a person, the ACAT shall have regard to the following: (a) the nature and extent of the person's mental dysfunction or mental illness, including the effect it is likely to have on the person's behaviour in the future; (b) whether or not, if released-- (i) the person's health or safety would be, or would be likely to be, substantially impaired; or (ii) the person would be likely to do serious harm to others; (c) the best estimate of the sentence of imprisonment nominated by the relevant court under the Crimes Act, part 13 as the sentence it would have imposed had the person been found guilty of the relevant offence. (4) An order for the release of a person may be made subject to such conditions (if any) as the ACAT thinks appropriate, including a requirement to comply with specified mental health orders. (5) If, on a review, the ACAT does not order the release of a person, the ACAT may-- (a) make mental health orders (including additional orders) in respect of the person; or (b) vary or revoke any of the mental health orders in force in respect of the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 73 Review of conditions of release The ACAT may, on application or on its own motion, review the conditions in force in respect of a person released from detention under section 72 (4) and may-- (a) vary or revoke any of those conditions, including any requirement to comply with specified mental health orders; or (b) impose such other conditions as the ACAT thinks appropriate, including a requirement to comply with specified mental health orders. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 74 Breach of conditions of release If a person released from detention breaches a condition in force in respect of the person under section 72 (4), the ACAT may order the person to be detained in custody until the ACAT orders otherwise. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 75 Limit on detention (1) Nothing in section 72 or 74 permits the ACAT to require a person to remain in custody for a period that is, or for periods that in the aggregate are, greater than the limiting period. (2) In subsection (1): "limiting period", in relation to a person, means a period that is equivalent to the period-- (a) commencing on the day on which an order of the relevant court under the Crimes Act, part 13 is made requiring the person to be detained in custody until the ACAT orders otherwise; and (b) ending on the day on which, if the person had been sentenced to a term of imprisonment for a period equivalent to the term nominated under that Act, section 301, section 302, section 304 or section 305 (as the case may be) that sentence would have expired. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 76 Meaning of subject person--pt 9 In this part: "subject person"--see section 80. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 77 When ACAT may be constituted by presidential member (1) This section applies to an application for-- (a) an order for an assessment under section 16; or (b) an order for a person's removal under section 22; or (c) an order for a person's detention under section 41 (2); or (d) an order for a person's release under section 46. (2) The ACAT for a proceeding on an application may be made up by a presidential member alone, but not a non-presidential member alone. Note The general president of the ACAT is responsible for allocating members to the ACAT for an application (see ACT Civil and Administrative Tribunal Act 2008, s 89). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 78 When ACAT must be constituted by more members (1) This section applies to an application for-- (a) a mental health order; or (b) the review of a mental health order under section 36L; or (c) an electroconvulsive therapy order under section 55G; or (d) an emergency electroconvulsive therapy order under section 55N; or (e) the review of a person's fitness to plead under section 68; or (f) a recommendation under section 70 or section 70A about a person who has a mental impairment, mental illness or mental dysfunction; or (g) the review of an order for detention under section 72; or (h) the review of a condition in force in relation to a person released from detention under section 73. Note For par (a), a mental health order is a psychiatric treatment order, a community care or a restriction order. (2) For a proceeding on the application, the ACAT must include-- (a) a presidential member; and (b) a non-presidential member with a relevant interest, experience or qualification. Note The general president of the ACAT is responsible for allocating members to the ACAT for an application (see ACT Civil and Administrative Tribunal Act 2008, s 89). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 79 Applications (1) This section applies to an application to the ACAT under this Act. Note Making applications to the ACAT is dealt with under the ACT Civil and Administrative Tribunal Act 2008, s 10. (2) The ACAT must, as soon as practicable and not longer than 24 hours after the application is lodged, give a copy of the application to-- (a) the public advocate; and (b) if the subject person is a child--the C&YP chief executive. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 80 Appearance (1) The following people may appear and give evidence at the hearing of a proceeding: (a) the person (the subject person) who is the subject of the proceeding; (b) if the subject person is a child-- (i) the person's parents; and (ii) the C&YP chief executive; (c) if the subject person has a guardian--the guardian; (d) the applicant (if any); (e) the public advocate; (f) the chief psychiatrist; (g) the chief executive who has control of the administrative unit to which responsibility for the provision of treatment, care and protection for people with a mental dysfunction (other than people with a mental illness) is allocated; (h) the discrimination commissioner. (2) Other people may appear and give evidence at the hearing with the leave of the ACAT. (3) This section does not prevent a person from making a written submission to the ACAT in relation to a proceeding. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 81 Representation of children (1) This section applies in relation to a proceeding if-- (a) the subject person is a child; and (b) the child is not separately represented; and (c) it appears to the ACAT that the child should be separately represented. (2) The ACAT may, on its own initiative or on the application of a person (including the child)-- (a) adjourn the proceeding to allow the child to obtain representation; and (b) give reasonably necessary advice and assistance to the child to allow the child to obtain representation. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 82 Subpoena to appear in person (1) This section applies if the ACAT is satisfied that it is necessary for the subject person to be present at the hearing of the proceeding. (2) The ACAT may require the person to appear at the hearing by subpoena given under the ACT Civil and Administrative Tribunal Act 2008, section 41. (3) However, the ACAT must not require the person to appear at the hearing by subpoena if satisfied that the appearance of the subject person before the ACAT is likely to increase substantially-- (a) any risk to the subject person's health or safety; or (b) the risk of serious harm to others. Note If a person who is subpoenaed does not appear before the ACAT, the ACAT may issue a warrant to arrest the person (see ACT Civil and Administrative Tribunal Act 2008, s 42). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 83 Person subpoenaed in custody (1) This section applies if the subject person-- (a) is given a subpoena under the ACT Civil and Administrative Tribunal Act 2008, section 41; and (b) is in the custody of another person. (2) The ACAT may order the other person ensure that the subject person appears before the ACAT in accordance with the subpoena. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 84 Directions to registrar (1) After considering an assessment of the subject person for a proceeding, but before holding an inquiry or review, the general president of the ACAT may give to the registrar the directions the general president considers appropriate to-- (a) define and limit the relevant matters in the proceeding, including-- (i) the alternative treatments, programs and other services that are available and may be appropriate for the subject person; and (ii) the evidence that appears to be relevant to the proper disposition of the matter; and (iii) any unusual or urgent factors requiring special attention; and (b) ensure all necessary measures are taken to allow the inquiry or review to proceed as quickly as possible, including ensuring that-- (i) all relevant particulars have been provided; and (ii) people who may be entitled to appear and give evidence in the proceeding have been notified, the people's availability confirmed and any related matters requiring special attention have been dealt with; and (iii) people who may wish to apply for leave to appear and give evidence in the proceeding have been notified; and (iv) people not entitled to appear in the proceeding but who may be interested in making written submissions about the matter have been given an opportunity to do so; and (v) issues (if any) that may be decided before the inquiry or review have been identified. (2) However, the general president of the ACAT must not give a direction under subsection (1) in a proceeding in relation to-- (a) the treatment, care, control, rehabilitation and protection of a person found unfit to plead; or (b) the treatment, care, control, rehabilitation and protection of a person found not guilty of a criminal offence because of mental impairment; or (c) a request by a court to provide advice in relation to the sentencing of a person before the court. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 85 Notice of hearing At least 3 days before the ACAT holds a hearing in relation to a matter under this Act, the ACAT must give written notice of the hearing to the following people: (a) if the subject person is not required to appear by a subpoena under the ACT Civil and Administrative Tribunal Act 2008, section 41 for a reason other than because section 82 (3) (Subpoena to appear in person) applies in relation to the person--the subject person; (b) the representative of the subject person (if any); (c) if the subject person is a child-- (i) the subject person's parents; and (ii) the C&YP chief executive; (d) if the subject person has a guardian--the guardian; (e) the applicant (if any); (f) the public advocate; (g) the chief psychiatrist; (h) the care coordinator; (i) the chief executive who has control of the administrative unit to which responsibility for providing treatment, care and protection for people with a mental dysfunction (other than people with a mental illness) is allocated; (j) the discrimination commissioner; (k) anyone else the ACAT considers appropriate. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 86 Hearings to be in private (1) A hearing of a proceeding in relation to a subject person must be held in private. (2) However, if the subject person is not a child, the hearing may be held in public if-- (a) the subject person asks for the hearing be held in public; or (b) the ACAT otherwise orders. (3) If a hearing is to be held in private, the hearing is taken to be a hearing to which the ACT Civil and Administrative Tribunal Act 2008, section 39 (Hearings in private or partly in private) applies. Note Requirements for keeping private hearings secret are set out in the ACT Civil and Administrative Tribunal Act 2008, s 40. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 87 Who is given a copy of the order? (1) The ACAT must give a copy of an ACAT order to the following people: (a) the subject person; (b) if the subject person has a representative--the representative; (c) if the subject person is a child--the child's parents; (d) if the subject person has a guardian--the guardian; (e) if the subject person has made a power of attorney under the Powers of Attorney Act 2006--the attorney under the power of attorney; (f) the public advocate; (g) if the person was referred to the ACAT under section 13--the referring officer; (h) if the person was ordered to submit to the jurisdiction of the ACAT by a court--the court; (i) if the order requires the person to be admitted to a facility or institution--the person in charge of the facility or institution; (j) anyone else ordered by the ACAT. (2) The ACAT must also give a copy of the following orders of the ACAT to the chief psychiatrist: (a) a psychiatric treatment order; (b) a restriction order in relation to a person subject to a psychiatric treatment order; (c) an electroconvulsive therapy order; (d) an emergency electroconvulsive therapy order. (3) The ACAT must also give a copy of the following orders of the ACAT to the care coordinator: (a) a community care order; (b) a restriction order in relation to a person subject to a community care order. (4) The ACAT must give a copy of an emergency electroconvulsive therapy order to the people mentioned in subsection (1) and (2) in relation to the order within 24 hours after the order is made. Note For how documents may be served, see the Legislation Act, pt 19.5. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 112 Chief psychiatrist (1) The Minister must appoint a public servant as Chief Psychiatrist. Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) A person is not eligible for appointment as the chief psychiatrist unless the person is a psychiatrist. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 113 Functions The chief psychiatrist has the following functions: (a) to provide treatment, care, rehabilitation and protection for persons who have a mental illness; (b) to make reports and recommendations to the Minister with respect to matters affecting the provision of treatment, care, control, accommodation, maintenance and protection for persons who have a mental illness. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 116 Termination of appointment (1) The Minister may terminate the appointment of the chief psychiatrist for misbehaviour or physical or mental incapacity. (2) The Minister shall terminate the appointment of the chief psychiatrist if the chief psychiatrist ceases to be eligible to hold the office of chief psychiatrist. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 118 Delegation by chief psychiatrist The chief psychiatrist may, with the Minister's approval, delegate the chief psychiatrist's functions under this Act to a psychiatrist who is a public employee or is engaged by the Territory. Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 119 Mental health officers (1) The Minister may appoint a person as a mental health officer. Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) A person is not eligible for appointment as a mental health officer unless the person is a mental health nurse, authorised nurse practitioner, psychologist, occupational therapist or social worker. (3) In this section: "authorised nurse practitioner" means a nurse practitioner who is the occupant of a nurse practitioner position acting within the scope of practice for the position. "nurse practitioner position"--see the Health Act 1993, section 195 (2). "scope of practice"--see the Health Act 1993, section 195 (2). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 119A Functions of mental health officers The functions of a mental health officer for this Act are the functions that the chief psychiatrist directs. Note Function includes authority, duty and power (see Legislation Act, dict, pt 1). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 119B Identity cards for mental health officers (1) The chief executive must give a mental health officer an identity card that states the person is a mental health officer for this Act and shows-- (a) the name of the person; and (b) a recent photograph of the person. (2) A person commits an offence if-- (a) the person was appointed as a mental health officer; and (b) the person ceases to be a mental health officer; and (c) the person does not return the person's identity card to the chief executive as soon as practicable (but within 7 days) after the day the person ceases to be a mental health officer. Maximum penalty: 1 penalty unit. (3) An offence against subsection (2) is a strict liability offence. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 120 Chief psychiatrist's annual report A report prepared by the chief psychiatrist under the Annual Reports (Government Agencies) Act 2004 for a financial year must include-- (a) statistics in relation to people who have a mental illness during the year; and (b) details of any arrangements with New South Wales during the year in relation to people who have a mental illness. Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 120A Care coordinator (1) The Minister must appoint a public servant as care coordinator. Note 1 For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) The Minister may only appoint a person as care coordinator if satisfied that the person has the training, experience and personal qualities necessary to exercise the care coordinator's functions. (3) An appointment is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 120B Functions The care coordinator has the following functions: (a) to coordinate the provision of treatment, care and support to mentally dysfunctional people in accordance with community care orders made by the ACAT; (b) to coordinate the provision of appropriately trained people for the treatment, care and support of mentally dysfunctional people who are subject to community care orders; (c) to coordinate the provision of appropriate residential or detention facilities for mentally dysfunctional people who are subject to community care orders and to restriction orders mentioned in section 36C (a); (d) to coordinate the provision of medication and anything else required to be done for mentally dysfunctional people in accordance with community care orders and restriction orders made by the ACAT; (e) to make reports and recommendations to the Minister about matters affecting the provision of treatment, care, control, accommodation, maintenance and protection for mentally dysfunctional people. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 120C Termination of appointment (1) The Minister may terminate the appointment of the care coordinator for misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of the care coordinator if the care coordinator ceases to be eligible to be appointed as the care coordinator. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 120D Delegation by care coordinator (1) The care coordinator may delegate the care coordinator's functions under this Act to anyone else. Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4. (2) However, the care coordinator may only delegate a function to a person if the care coordinator is satisfied that the person has the training, experience and personal qualities necessary to exercise the function. (3) A delegation is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 120E Care coordinator's annual report A report prepared by the care coordinator under the Annual Reports (Government Agencies) Act 2004 for a financial year must include statistics in relation to people who have a mental dysfunction during the year. Note Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 121 Appointment etc (1) For this Act, the Minister may appoint 1 or more official visitors for an approved mental health facility. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) A person is eligible for appointment as an official visitor if the person-- (a) is a legal practitioner who has not less than 5 years practising experience; or (b) is a medical practitioner; or (c) has been nominated by a body representing consumers of mental health services; or (d) has experience and skill in the care of persons with a mental dysfunction or mental illness. (3) A person shall not be appointed an official visitor if the person-- (a) is a public servant; or (b) has a direct interest in a contract with an approved mental health facility or a mental health care provider; or (c) has a financial interest in a private hospital. (4) A person shall not be appointed as an official visitor unless the Minister is satisfied that the person has appropriate qualifications and experience to exercise the functions of an official visitor. (5) The Minister may terminate the appointment of an official visitor-- (a) for misbehaviour; or (b) for physical or mental incapacity; or (c) who is convicted, in Australia or elsewhere, of an offence punishable on conviction by imprisonment for 1 year or longer; or (d) if the person ceases to be a person who is eligible for appointment. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 122 Official visitor--functions (1) An official visitor-- (a) shall visit and inspect mental health facilities; and (b) shall inquire into-- (i) the adequacy of services for the assessment and treatment of persons with mental dysfunction or a mental illness; and (ii) the appropriateness and standard of facilities for the recreation, occupation, education, training and rehabilitation of persons receiving treatment or care for mental dysfunction or a mental illness; and (iii) the extent to which people receiving treatment or care for mental dysfunction or a mental illness are being provided the best possible treatment or care appropriate to their needs in the least possible restrictive environment and least possible intrusive manner consistent with the effective giving of that treatment or care; and (iv) any contravention of this Act; and (v) any other matter that an official visitor considers appropriate having regard to the objectives in sections 7 and 8; and (vi) any complaint made to an official visitor by a person receiving treatment or care for mental dysfunction or a mental illness; and (c) has such other functions as are conferred on the official visitor by this or another Act. (2) An official visitor-- (a) may, with or without prior notice given to a responsible person for a mental health facility (within the meaning of part 6), visit the mental health facility at such times and for such periods as the visitor thinks fit; and (b) shall visit a mental health facility at least once every 3 months. (3) The Minister may, in writing, direct an official visitor to visit a mental health facility at such times as the Minister directs. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 122A Official visitor--powers etc (1) An official visitor may, when visiting a mental health facility-- (a) inspect any part of the facility; and (b) see any person who is receiving treatment or care for mental dysfunction or a mental illness unless the person has asked not to be seen; and (c) make inquiries relating to the admission, detention, care, treatment and control of persons receiving treatment or care for mental dysfunction or a mental illness; and (d) inspect-- (i) any document or medical record relating to any person receiving treatment or care for mental dysfunction or a mental illness if he or she has the consent in writing of the person receiving the treatment or care; and (ii) any records required to be kept under this Act. (2) If an official visitor to a mental health facility wishes to exercise, or is exercising, a function or power under this Act, the person in charge of the facility shall provide, or shall ensure that there is provided, to the official visitor such reasonable assistance as the official visitor requires to exercise the function or power effectively. (3) A person in charge of a mental health facility shall not, without reasonable excuse-- (a) refuse or neglect to render assistance when required under subsection (2); or (b) fail to answer any question when asked by an official visitor in the exercise of his or her powers under this Act. Maximum penalty: 50 penalty units. (4) A person in charge of a mental health facility shall not, without reasonable excuse, obstruct or hinder an official visitor in the exercise of his or her powers under this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) A person in charge of a mental health facility shall keep a record of each visit by an official visitor to the facility. Maximum penalty: 5 penalty units. Note If a form is approved under s 146A (Approved forms) for a record, the form must be used. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 122B Reports by official visitors (1) An official visitor may, of his or her own motion make a report to the Minister relating to the exercise of his or her powers under this Act. (2) An official visitor shall, when requested to do so by the Minister, report in writing to the Minister in accordance with that request. (3) If an official visitor visits a mental health facility under section 122, the visitor must report, in writing, to the Minister and public advocate in relation to the exercise of the visitor's functions under section 122 or section 122A. (4) If, in a report, an official visitor is critical of the services provided by a mental health facility, the official visitor shall advise the person in charge of the facility in writing, within 7 days of making that report. (5) A person in charge of a mental health facility shall, within 21 days after receipt of a report of the kind referred to in subsection (4), give to the official visitor and the public advocate a written response to the report, including any action taken, or to be taken, in response to any criticism contained in the report. (6) A person may at any reasonable time inspect a copy of a report under this section. (7) A person may, on payment of the reasonable copying costs, obtain a copy of a report under this section. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 123 Definitions for pt 12 In this part: "inspector" means an inspector appointed under section 132. "licence" means a licence issued under this part. "licensed premises" means the premises at which a psychiatric institution is, or is proposed to be, conducted and in respect of which a licence is issued. "licensee" means a person to whom a licence is issued under this part. "psychiatric institution" means a hospital or other institution providing treatment, care, rehabilitation or accommodation for persons who have a mental illness other than-- (a) a recognised hospital within the meaning of the Health Insurance Act 1973 (Cwlth); or (b) an institution conducted by the Territory. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 124 Owner or manager to be licensed A person shall not conduct a psychiatric institution on his or her own behalf, or on behalf of another person, without a licence. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 125 Issue of licence (1) The Minister may, on application, issue a licence to a person in respect of the premises specified in the licence. (2) An application shall be in writing and shall be lodged with the Minister. Note A fee may be determined under s 146 (Determination of fees) for this section. (3) The Minister shall not issue a licence unless satisfied that the applicant is a fit and proper person to hold a licence and that-- (a) the structural and sanitary condition and the location of the premises in respect of which the application is made are satisfactory, having regard to the interests of the persons who will receive treatment or reside at the premises; and (b) the facilities in case of fire or flood at those premises are adequate; and (c) the cooking and ablution facilities at those premises are adequate; and (d) the accommodation provided for patients, residents and members of staff at those premises are adequate. (4) A licence shall be issued subject to conditions as to-- (a) the maximum number of persons for whom treatment, care, rehabilitation or accommodation may be provided at the licensed premises; and (b) the classes of persons for whom treatment, care, rehabilitation or accommodation may be provided at the licensed premises. (5) A licence may be issued subject to such other conditions (if any) as the Minister thinks necessary, including but not limited to conditions as to any of the following: (a) the minimum number of staff to be employed at the licensed premises; (b) the qualifications of the staff; (c) the treatment that may be provided at the licensed premises; (d) the measures to be taken to ensure the health and safety of patients, residents and members of staff on the licensed premises; (e) the insurance to be carried by the licensee against any liability arising from the conduct of a psychiatric institution on the licensed premises; (f) the recreational and educational facilities to be provided at the licensed premises for patients and residents; (g) the management of the licensed premises. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 126 Term and renewal of licence (1) A licence remains in force for the period of 12 months commencing on the day on which the licence is issued and may be renewed in accordance with this section. (2) A licensee may, at any time before the expiration of the period referred to in subsection (1) or the last period of renewal, as the case may be, apply to the Minister for a renewal of the licence. (3) An application shall be in writing and shall be lodged with the Minister. Note A fee may be determined under s 146 (Determination of fees) for this section. (4) If the Minister is satisfied of the matters referred to in section 125 (3), the Minister shall renew the licence for a further period of 12 months commencing on the expiration of the period referred to in subsection (1) or the last period of renewal, as the case requires. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 127 Variation and revocation of conditions (1) On application in writing by the licensee and if satisfied that it is in the best interests of the patients and residents at the licensed premises, the Minister may-- (a) vary a condition imposed under section 125 (4) or (5) in the manner specified in the application; or (b) revoke a condition imposed under section 125 (5); or (c) impose a condition specified in the application. (2) If satisfied that it is in the best interests of the patients and residents at the licensed premises-- (a) to vary a condition imposed under section 125 (4) or (5); or (b) to revoke a condition imposed under section 125 (5); or (c) to impose a condition; the Minister may, by notice in writing served on the licensee, require the licensee, within 28 days after the date of the notice, to show cause why that condition should not be varied in the manner specified in the notice or should not be revoked or imposed. (3) The Minister may, after the expiration of 28 days after the date of the notice, vary in the manner specified in the notice, or revoke or impose, the condition specified in the notice. (4) A decision of the Minister under subsection (1) or (3) takes effect on the day after the day on which the notice under section 137 (1) is given to the licensee or on such later day as may be specified in that notice. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 128 Surrender of licence (1) A licensee may surrender the licence by notice in writing signed by the licensee and lodged with the Minister together with the licence. (2) A surrender takes effect on the date of the notice or on such later day as may be specified in the notice. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 129 Cancellation of licence (1) If satisfied that a licensee has failed to comply with a condition of the licence, the Minister may, by notice in writing served on the licensee, require the licensee, within 28 days after the date of the notice, to show cause why the licence should not be cancelled. (2) The Minister may, after the expiration of 28 days after the date of the notice, cancel the licence. (3) The cancellation of a licence under this section takes effect on the day after the day on which the notice under section 137 (1) is given to the licensee or on such later day as may be specified in that notice. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 130 Emergency cancellation (1) Despite section 129, if satisfied that circumstances exist in relation to licensed premises that give rise to an immediate risk of harm to the health or safety of patients or residents on the licensed premises, the Minister may, by notice in writing served on the licensee, cancel the licence. (2) A notice under subsection (1) shall set out-- (a) the terms of the decision; and (b) the findings on material questions of fact, referring to the evidence or other material on which those findings were made; and (c) the reasons for the decision. (3) The cancellation of a licence under this section takes effect on the day after the day on which the notice is served on the licensee. (4) Where a licence is cancelled under subsection (1), the former licensee may apply for restoration of the licence on the ground that, because of a specified change in the circumstances referred to in subsection (1) that has occurred since the date of cancellation, the licence should be restored. (5) The Minister may restore the licence if satisfied that, because of the change specified in the application, it should be restored. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 131 Effect of cancellation Where a licence is cancelled under section 129 or 130, the former licensee shall not-- (a) admit any person for treatment, care, rehabilitation or accommodation at the premises to which the licence related on or after the day on which the cancellation takes effect; or (b) permit treatment, care, rehabilitation or accommodation to be provided on those premises after the expiration of 1 month after that day. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 132 Appointment of inspectors (1) The Minister may appoint a person as an inspector for this part. (2) An inspector must exercise functions for this part that the chief psychiatrist directs. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 133 Identity cards (1) The Minister shall issue to each inspector an identity card that specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector. (2) A person appointed to be an inspector shall not, without reasonable excuse, fail to return his or her identity card to the Minister on ceasing to be an inspector. Maximum penalty (subsection (2)): 1 penalty unit. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 134 Powers of inspection (1) An inspector may, at any time of the day, enter any licensed premises and-- (a) inspect the premises and any equipment used at the premises in connection with the treatment, care, rehabilitation or accommodation of patients or residents; and (b) inspect any books, documents or other records that are in the possession of the occupier of the premises, or to which the occupier has access, relating to the conduct of the psychiatric institution at those premises; and (c) require the occupier of the premises to furnish the inspector with any information, books, documents or other records that are in the possession of the occupier, or to which the occupier has access, relating to the conduct of the psychiatric institution at those premises. (2) An inspector who enters premises under subsection (1) is not authorised to remain on the premises if, when requested to do so by the occupier of the premises, the inspector does not show his or her identity card to the occupier. (3) A person is not required to furnish material to an inspector under subsection (1) (c) if, when requested to do so by the person, the inspector does not show his or her identity card to the person. (4) Where an inspector enters premises under subsection (1), a reference in this section to the "occupier" of the premises includes a reference to a person the inspector believes on reasonable grounds to be the occupier, or the person in charge, of those premises. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 135 Failing to comply with requirement of inspector A person shall not, without reasonable excuse, fail to comply with a requirement to furnish material under section 134 (1) (c). Maximum penalty: 50 penalty units. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 136 Meaning of reviewable decision--div 12.4 In this division: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 137 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 137A Applications for review The following may apply to the ACAT for a review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 138 Unauthorised treatment A licensee is guilty of an offence if the licensee allows treatment for mental illness to be given to a person at the licensed premises after the licensee receives notice that the person is the subject of an order of the ACAT that does not authorise the giving of that treatment to that person at the psychiatric institution conducted at those premises. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 140 Legal effect of certain sections Nothing in section 7 or 8 is to be taken to create any legal rights not in existence before the enactment of that section or to affect any legal rights in existence before that enactment or that would, but for that section, have come into existence after that enactment. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 140A Protection of officials from liability (1) An official is not civilly liable for conduct engaged in honestly and without recklessness-- (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (2) Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory. (3) In this section: "conduct" means an act or omission to do an act. "official" means-- (a) the chief psychiatrist; or (b) the care coordinator; or (c) a mental health officer; or (d) an official visitor; or (e) anyone else exercising a function under this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 141 Appeals from ACAT to Supreme Court (1) An appeal to the Supreme Court from a decision of the ACAT in a proceeding may be brought by-- (a) someone in relation to whom the decision was made; or (b) someone who appeared, or was entitled to appear under section 80 (1) (Appearance), before the ACAT in the proceeding; or (c) the discrimination commissioner; or (d) anyone else with the court's leave. Note See the ACT Civil and Administrative Tribunal Act 2008, pt 8. (2) The Magistrates Court Act 1930, section 214 (3) and (4) (Appeals in cases other than civil cases) applies in relation to an appeal under this section as if it were an appeal mentioned in that Act, section 214 (1). (3) The ACT Civil and Administrative Tribunal Act 2008, section 86 (Appeal to Supreme Court) and section 87 (Sending documents and things to Supreme Court) do not apply to a decision or appeal to which this section applies. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 142 Relationship with Guardianship and Management of Property Act (1) Despite anything in the Guardianship and Management of Property Act 1991 or an order appointing a guardian, a guardian appointed for a person under that Act-- (a) is not entitled to give consent to treatment for mental illness, electroconvulsive therapy or psychiatric surgery; and (b) if the person is subject to a community care order--is not entitled to decide anything for the person contrary to any determinations or decisions made in relation to the person by the care coordinator under the community care order (or any related restriction order). (2) Despite anything in the Guardianship and Management of Property Act 1991, section 70 (ACAT may consent to prescribed medical procedures), the ACAT must not, while exercising its jurisdiction under the Act-- (a) make an order in relation to any consent to treatment for mental illness, electroconvulsive therapy or psychiatric surgery; and (b) make an order in relation to a person contrary to any community care order (or restriction order) made in relation to the person. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 143 Relationship with Powers of Attorney Act Despite anything in the Powers of Attorney Act 2006 or an instrument creating a power of attorney, an attorney of a person appointed under a power of attorney under that Act-- (a) is not entitled to give consent to treatment for mental illness, electroconvulsive therapy or psychiatric surgery; and (b) if the person is subject to a community care order--is not entitled to decide anything for the person contrary to any determinations or decisions made in relation to the person by the care coordinator under the community care order (or any related restriction order). MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 145 Certain rights unaffected Nothing in this Act prevents a person in relation to whom no ACAT order is in force-- (a) refusing to receive particular treatment or care at a mental health facility; or (b) discharging himself or herself from the facility. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 146 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 146A Approved forms (1) The Minister may approve forms for this Act. (2) If the Minister approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 147 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 150 Application of amendments made by Crimes Amendment Act 2005 (1) This section sets out provisions that apply if, before the commencement of the Crimes Amendment Act 2005 (the relevant commencement day), the Supreme Court or the Magistrates Court had made an order under the Crimes Act, part 13 requiring a person to submit to the jurisdiction of the tribunal to enable the tribunal to determine whether or not the person was fit to plead to a charge. (2) If, before the relevant commencement day, the tribunal had made a final determination about the person's fitness to plead, the Crimes Act, part 13 and this Act, section 68 apply in relation to the matter as if the question of the person's fitness to plead had been decided by the court. (3) If, before the relevant commencement day, the tribunal had not made a final determination about the person's fitness to plead-- (a) former part 8 applies in relation to the matter if the tribunal has not made a final determination about the person's fitness to plead; and (b) if the tribunal has made its final determination, the Crimes Act, part 13 and this Act, section 68 apply in relation to the matter as if the question of the person's fitness to plead had been decided by the court. (4) On the commencement of this section, part 14 (Transitional) as inserted by the Crimes Amendment Act 2005 ceases to have effect. (5) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies. (6) In this section: "final determination" about a person's fitness to plead means-- (a) a determination under former section 68 that the person is unfit to plead and is unlikely to become fit within 12 months; or (b) a determination under former section 68, or on a review under former section 69, that the person is fit to plead; or (c) if the tribunal first determines under former section 68 that the person is unfit to plead but is likely to become fit within 12 months after the determination is made--a determination under former section 69 after the end of the 12-month period that the person is unfit to plead. former part 8 means that part as in force immediately before the commencement of the Crimes Amendment Act 2005. former section 68 means that section as in force immediately before the commencement of the Crimes Amendment Act 2005. former section 69 means that section as in force immediately before the commencement of the Crimes Amendment Act 2005. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 151 Expiry--pt 15 This part expires 5 years after the day it commences. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SCHEDULE 1 Schedule 1 Reviewable decisions (see div 12.4) column 1item column 2section column 3decision column 4entity 1 125 (1) refuse to issue licence applicant for licence 2 126 (4) refuse to renew licence applicant for renewal of licence 3 127 (1) (a) refuse to vary condition on licence licensee 4 127 (1) (b) refuse to revoke condition on licence licensee 5 127 (1) (c) refuse to impose condition on licence licensee 6 127 (3) vary condition on licence licensee 7 127 (3) revoke condition on licence licensee 8 127 (3) impose condition on licence licensee 9 129 (2) cancel licence licensee 10 130 (5) refuse to restore licence former licensee MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o chief executive (see s 163) o child o correctional centre o corrections officer o director of public prosecutions o discrimination commissioner o doctor o domestic partner (see s 169 (1)) o expire o lawyer o magistrate o Magistrates Court o make o parent o police officer o proceeding o public advocate o registrar o reviewable decision notice o Supreme Court o writing. "ACAT mental health provision"--see the Children and Young People Act 2008, section 420. "agreement", for part 5A (Interstate application of mental health laws)--see section 48B. "applicant" means a person who applies to the ACAT, and includes a referring officer who refers an alleged offender to the ACAT under section 13. "application" means an application to the ACAT, and includes a referral under section 13. "approved health facility" means a health facility approved by the Minister under section 48 (1) (a). "approved mental health facility" means a mental health facility approved by the Minister under section 48 (1) (b). "assessment" means a psychiatric or psychological assessment. "assessment order", for division 4.2--see section 15. "C&YP chief executive" means the chief executive responsible for the Children and Young People Act 2008. "care and protection order"--see the Children and Young People Act 2008, section 422. "care coordinator" means the care coordinator appointed under section 120A. "chief psychiatrist" means the Chief Psychiatrist appointed under section 112. "community care facility" means-- (a) a facility, or part of a facility, for the care, protection, rehabilitation or accommodation of mentally dysfunctional persons; or (b) a prescribed psychiatric institution or a prescribed part of a psychiatric institution; but does not include a correctional centre. "community care order" means an order made under section 36. "corresponding law", for part 5A (Interstate application of mental health laws)--see section 48B. "Crimes Act" means the Crimes Act 1900. "decision" includes an order. "electroconvulsive therapy"--see section 55. "electroconvulsive therapy order"--see section 55F. "emergency electroconvulsive therapy order"--see section 55M. "general president", of the ACAT--see the ACT Civil and Administrative Tribunal Act 2008, dictionary. "information statement" means an information statement described in section 50 (1) (b). "informed consent", for part 7 (Electroconvulsive therapy and psychiatric surgery)--see section 54. "inspector", for part 12 (Private psychiatric institutions)--see section 123. "interim care and protection order"--see the Children and Young People Act 2008, section 433. "interim therapeutic protection order"--see the Children and Young People Act 2008, section 543. "interstate custodial patient", for part 5A (Interstate application of mental health laws)--see section 48B. "interstate non-custodial order", for part 5A (Interstate application of mental health laws)--see section 48B. "licence", for part 12 (Private psychiatric institutions)--see section 123. "licensed premises", for part 12 (Private psychiatric institutions)--see section 123. "licensee", for part 12 (Private psychiatric institutions)--see section 123. "mental dysfunction" means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion. "mental health facility" means a facility for the treatment, care, rehabilitation or accommodation of mentally dysfunctional or mentally ill persons, and includes a psychiatric institution. "mental health nurse" means a person registered as a nurse under the Health Professionals Act 2004 in the specialist area of mental health nurse. Note Under the Mutual Recognition Act 1992 (Cwlth), s 25 people registered as nurses in a specialty in a State may be deemed to be registered in the specialty in the ACT. "mental health officer" means a person appointed as a mental health officer under section 119. "mental health order" means a psychiatric treatment order, a community care order or a restriction order. "mental health professional" means a psychiatrist, psychologist, social worker, therapist or other person who provides services for mentally dysfunctional or mentally ill persons. "mental illness" means a condition that seriously impairs (either temporarily or permanently) the mental functioning of a person and is characterised by the presence in the person of any of the following symptoms: (a) delusions; (b) hallucinations; (c) serious disorder of thought form; (d) a severe disturbance of mood; (e) sustained or repeated irrational behaviour indicating the presence of the symptoms referred to in paragraph (a), (b), (c) or (d). "mental impairment"--see the Criminal Code, section 27. "neurosurgery" means surgery on the brain of a person for the purpose of treating a pathological condition of the physical structure of the brain. "non-presidential member", of the ACAT--see the ACT Civil and Administrative Tribunal Act 2008, dictionary. "offender with a mental impairment" means a person who has been ordered by a court, under the Crimes Act, part 13 (Unfitness to plead and mental impairment), to submit to the jurisdiction of the ACAT to enable the ACAT to make a mental health order in relation to the person. "official visitor" means an official visitor appointed under section 121. "order" includes the variation or revocation of an order. "presidential member", of the ACAT--see the ACT Civil and Administrative Tribunal Act 2008, dictionary. "private psychiatric institution" means an institution in respect of which a licence is issued under part 12. "proceeding" means an application to, or other proceeding in, the ACAT. "psychiatric institution" means a hospital or other institution for the treatment, care, rehabilitation or accommodation of people who have a mental illness, that is-- (a) an institution conducted by the Territory; or (b) a private mental institution. "psychiatric institution", for part 12 (Private psychiatric institutions)--see section 123. "psychiatric surgery" means surgery on the brain of a person, other than neurosurgery. "psychiatric treatment order" means an order made under section 28. "psychiatrist" means a doctor who holds postgraduate qualifications in psychiatry. "referring officer", in relation to a person, means-- (a) the police officer-- (i) who arrests the person in connection with an offence; or (ii) who is satisfied that there are sufficient grounds on which to charge the person in connection with an offence; or (iii) who charges the person in connection with an offence; (b) a member of the staff of the director of public prosecutions who is responsible for the prosecution of an offence against the person; or (c) if the person is required to accept supervision by someone else as a condition of bail under the Bail Act 1992--that other person. Note Under the Bail Act 1992, s 25 (2) and s 26 (2), an adult may be supervised by the director of corrective services and a child may be supervised by the chief executive under the Children and Young People Act 2008. "relative", in relation to a person, means a domestic partner, parent, guardian, grandparent, uncle, aunt, brother, sister, half-brother, half-sister, cousin or child (being a child over the age of 18 years) of the person. Note For the meaning of domestic partner, see Legislation Act, s 169. "responsible person", for part 6 (Rights of mentally dysfunctional or mentally ill persons)--see section 49. "restriction order" means an order made under section 30 or section 36B. "reviewable decision", for division 12.4 (Notification and review of decisions)--see section 136. "State", for part 5A (Interstate application of mental health laws)--see section 48B. "subject person", for part 9 (Procedural matters--ACAT)--see section 76. MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Mental Health (Treatment and Care) Act 1994 No 44 notified 7 September 1994 (Gaz 1994 No S177) s 1, s 2 commenced 7 September 1994 remainder commenced 6 February 1995 (Gaz 1995 No S33) as amended by Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch notified 5 September 1995 (Gaz 1995 No S212) commenced 5 September 1995 (s 2) Health and Community Care Services (Consequential Provisions) Act 1996 No 35 sch notified 1 July 1996 (Gaz 1996 No S130) commenced 1 July 1996 (s 2) Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Mental Health (Treatment and Care) (Amendment ) Act 1997 No 104 notified 24 December 1997 (Gaz 1997 No S420) commenced 24 December 1997 (s 2) Statute Law Revision (Penalties) Act 1998 No 54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Mental Health (Treatment and Care) (Amendment) Act 1998 No 70 notified 23 December 1998 (Gaz 1998 No S212) commenced 23 December 1998 (s 2) Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 No 22 pt 11 notified 14 April 1999 (Gaz 1999 No S16) s 1, s 2 commenced 14 April 1999 (s 2 (1)) pt 11 commenced 1 September 1999 (s 2 and Gaz 1999 No 35) Mental Health (Treatment and Care) (Amendment) Act 1999 No 31 notified 25 June 1999 (Gaz 1999 No S34) ss 1-5 commenced 25 June 1999 (s 2 (1)) remainder commenced 1 October 1999 (s 2 (2)) Mental Health (Treatment and Care) Amendment Act (No 2) 1999 No 62 notified 10 November 1999 (Gaz 1999 No 45) commenced 10 November 1999 (s 2) Children and Young People (Consequential Amendments) Act 1999 No 64 sch 2 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) sch 2 commenced 10 May 2000 (s 2 (2)) Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3 notified 10 November 1999 (Gaz 1999 No 45) sch 3 commenced 10 November 1999 (s 2) Justice and Community Safety Legislation Amendment Act 2000 (No 2) No 2 sch notified 9 March 2000 (Gaz 2000 No 10) sch commenced 9 March 2000 (s 2) Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1 notified 1 June 2000 (Gaz 2000 No 22) sch 1 commenced 1 June 2000 (s 2) Mental Health (Treatment and Care) Amendment Act 2000 No 52 notified 5 October 2000 (Gaz 2000 No 40) commenced 5 October 2000 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 249 (as am by Act 2001 No 70 amdt 1.13) notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 249 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2001 No 56 pt 1.4 notified 5 September 2001 (Gaz 2001 No S65) s 1, s 2 commenced 5 September 2001 (s IA s 10B) amdt 1.40 commenced 12 September 2001 (amdt 1.40) pt 1.4 remainder commenced 5 September 2001 (s 2) Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1 notified LR 14 September 2001 amdt commenced 14 September 2001 (s 2 (5)) Statute Law Amendment Act 2002 No 30 pt 3.49 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.49 commenced 17 September 2002 (s 2 (1)) Mental Health (Treatment and Care) Amendment Act 2002 No 33 notified LR 8 October 2002 s 1, s 2 commenced 8 October 2002 (LA s 75 (1)) remainder commenced 9 October 2002 (s 2) Health and Community Care Services (Repeal and Consequential Amendments) Act 2002 No 47 pt 1.3 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) pt 1.3 commenced 31 December 2002 (s 2) Statute Law Amendment Act 2002 (No 2) No 49 pt 3.12 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 3.12 commenced 17 January 2003 (s 2 (1)) Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.24 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) pt 1.24 commenced 28 March 2003 (s 2) Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.10 notified LR 31 October 2003s 1, s 2 commenced 31 October 2003 (LA s 75 (1))sch 2 pt 2.10 commenced 30 April 2004 (s 2 and LA s 79) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.21 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.21 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 4 notified LR 19 March 2004s 1, s 2 commenced 19 March 2004 (LA s 75 (1))pt 4 commenced 27 May 2004 (s 2 and CN2004-9) Bail Amendment Act 2004 A2004-14 sch 2 pt 2.3 notified LR 26 March 2004s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.3 commenced 26 June 2004 (s 2) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.56 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.56 commenced 9 April 2004 (s 2 (1)) Crimes Amendment Act 2004 A2004-16 pt 3 notified LR 16 March 2004 s 1, s 2 commenced 16 March 2004 (LA s 75 (1)) pt 3 commenced 17 March 2004 (s 2) Health Professionals Legislation Amendment Act 2004 A2004-39 sch 6 pt 6.7 (as am by A2005-48 sch 1 pt 1.4) notified LR 8 July 2004s 1, s 2 commenced 8 July 2004 (LA s 75 (1)) sch 6 pt 6.7 commenced 17 January 2006 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 (as am by A2005-28 amdt 1.1) and CN2006-2) Mental Health (Treatment and Care) Amendment Act 2004 A2004-44 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) remainder commenced 12 August 2004 (s 2) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.55 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.55 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Crimes Amendment Act 2005 A2005-7 pt 5 notified LR 23 February 2005 s 1, s 2 commenced 23 February 2005 (LA s 75 (1)) pt 5 commenced 24 February 2005 (s 2) Public Advocate Act 2005 A2005-47 sch 1 pt 1.7 (as am by A2006-3 amdt 1.8) notified LR 2 September 2005 s 1, s 2 commenced 2 September 2005 (LA s 75 (1)) sch 1 pt 1.7 commenced 1 March 2006 (s 2 as am by A2006-3 amdt 1.8)) Mental Health (Treatment and Care) Amendment Act 2005 A2005-48 notified LR 6 September 2005 s 1, s 2 commenced 6 September 2005 (LA s 75 (1)) sch 1 pt 1.4 commenced 17 January 2006 (LA s 79A and see A2004 39) remainder commenced 7 September 2005 (s 2) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.22 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.22 commenced 23 November 2005 (s 2) Human Rights Commission Legislation Amendment Act 2006 A2006-3 amdt 1.8 notified LR 22 February 2006s 1, s 2 commenced 22 February 2006 (LA s 75 (1))amdt 1.8 commenced 23 February 2006 (s 2) Note This Act only amends the Public Advocate Act 2005 A2005-47 Criminal Code (Mental Impairment) Amendment Act 2006 A2006-14 sch 1 pt 1.3 notified LR 6 April 2006s 1, s 2 commenced 6 April 2006 (LA s 75 (1))sch 1 pt 1.3 commenced 7 April 2006 (s 2) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.28 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.28 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.3 notified LR 14 June 2006 s 1, s 2 commenced 14 June 2006 (LA s 75 (1)) sch 2 pt 2.3 commenced 14 December 2006 (s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.11, sch 2 pt 2.24 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 1 pt 1.11 commenced 19 October 2006 (s 2 (3)) sch 2 pt 2.24 commenced 29 September 2006 (s 2 (1)) Powers of Attorney Act 2006 A2006-50 sch 2 pt 2.3 notified LR 30 November 2006 s 1, s 2 commenced 30 November 2006 (LA s 75 (1)) sch 2 pt 2.3 commenced 30 May 2007 (s 2 and LA s 79) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.24 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.24 commenced 27 December 2007 (s 2) Mental Health (Treatment and Care) Amendment Act 2007 A2007-43 notified LR 12 December 2007 s 1, s 2 commenced 12 December 2007 (LA s 75 (1)) remainder commenced 13 December 2007 (s 2) Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 3 pt 3.18, sch 4 pt 4.19 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3 commenced 18 July 2008 (s 2 (1)) sch 3 pt 3.18 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13) sch 4 pt 4.19 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13)) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.38 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.38 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 1 pt 1.2, sch 3 pt 3.53 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 1 pt 1.2, sch 3 pt 3.53 commenced 22 September 2009 (s 2) 4 Amendment history Titletitle am 1999 No 31 s 4 Commencements 2 om 2001 No 44 amdt 1.2866 Dictionarys 3 sub 1998 No 70 s 4 om 1999 No 31 s 5 ins A2005-48 s 7 Notess 4 defs reloc to dict A2005-48 s 6 sub A2005-48 s 7 def child om 2000 No 2 sch def Children's Services Act om 1999 No 64 sch 2 def community advocate om 2000 No 2 sch def convulsive therapy om A2005-48 s 4 def council om 1999 No 31 s 6 def determined fee om 2001 No 44 amdt 1.2867 def director om 1999 No 31 s 6 def discrimination commissioner om 2000 No 2 sch def doctor om 2000 No 2 sch def lawyer om 1997 No 96 sch 1 def psychiatric illness om 1999 No 31 s 6 def spouse om A2003-14 amdt 1.81 Offences against Act--application of Criminal Code etcs 4A ins A2004-10 s 8 am A2005-48 s 8; A2005-47 amdt 1.14; A2007-43 s 4, s 5 People not to be regarded as mentally dysfunctional or mentally ills 5 hdg sub A2007-43 s 6s 5 pars renum R6 LA am A2007-43 s 7 Objectives of Acts 7 am 1999 No 31 sch 1 Objectives of Territorys 8 am 1996 No 35 sch; 1999 No 31 s 7 and sch 1; 2002 No 47 amdt 1.19 Maintenance of freedom, dignity and self-respects 9 am 1999 No 31 sch 1; 2000 No 2 sch sub A2008-36 amdt 1.496 Mental health tribunalpt 3 hdg om A2008-36 amdt 1.497 Applications and referralsdiv 4.1 hdg (prev pt 4 div 1 hdg) renum R3 LA sub A2008-36 amdt 1.498 Application by mentally dysfunctional or mentally ill peoples 10 om A2008-36 amdt 1.497 ins A2008-36 amdt 1.498 Applications by other peoples 11 am 1999 No 31 sch 1; A2005-7 s 21; pars renum R21 LA (see A2005-7 s 22); A2005-48 s 18; A2006-14 amdt 1.41; A2007-39 amdt 3.99 om A2008-36 amdt 1.497 ins A2008-36 amdt 1.498 Applicant to tell ACAT of riskss 12 am 2000 No 2 sch om A2007-39 amdt 3.100 ins A2008-36 amdt 1.498 Registrar and deputy registrars 12A ins 1999 No 66 sch 3 om 2000 No 2 sch Referrals to ACATs 13 hdg am 1999 No 31 notess 13 am 1999 No 31 sch 1; 2001 No 44 amdt 1.2868 sub A2008-36 amdt 1.498 Referring officer to tell ACAT of riskss 14 am 1999 No 31 s 8 and sch 1; 2001 No 44 amdt 1.2869, amdt 1.2870 sub A2008-36 amdt 1.498 Assessmentsdiv 4.2 hdg (prev pt 4 div 2 hdg) renum R3 LA sub A2008-36 amdt 1.498 Meaning of assessment order--div 4.2s 15 am 1999 No 31 sch 1; 1999 No 62 s 5; A2006-14 amdt 1.42 sub A2008-36 amdt 1.498 Assessment orderss 16 am 1999 No 31 sch 1; 1999 No 64 sch 2; A2004-44 s 9; A2005-47 amdt 1.19; A2006-14 amdt 1.43; A2008-20 amdt 3.35 sub A2008-36 amdt 1.498 Determination of ability to consents 16A ins 1999 No 31 s 9 am A2004-44 s 10 om A2008-36 amdt 1.498 Consent for assessment orderss 17 am 1999 No 31 s 10 sub A2008-36 amdt 1.498 No consent for assessment orderss 18 sub A2008-36 amdt 1.498 Content and effect of assessment orderss 19 am 1997 No 96 sch 1; A2005-47 amdt 1.19 sub A2008-36 amdt 1.498 Notify public advocate of assessment orderss 20 hdg am 1997 No 96 notes 20 am 1997 No 96 sch 1 sub A2005-47 amdt 1.15; A2008-36 amdt 1.498 Time for conducting assessmentss 21 sub A2008-36 amdt 1.498 Removal to conduct assessmentss 22 am A2005-47 amdt 1.19 sub A2008-36 amdt 1.498 Executing orders to conduct assessmentss 22A ins A2008-36 amdt 1.498 Contact with otherss 22B ins A2008-36 amdt 1.498 Public advocate and lawyer to have accesss 22C ins A2008-36 amdt 1.498 Person to be assessed to be informeds 22D ins A2008-36 amdt 1.498 Copies of assessmentss 22E ins A2008-36 amdt 1.498 Making of orders--preliminary mattersdiv 4.3 hdg (prev pt 4 div 3 hdg) renum R3 LA sub A2004-44 s 11 ACAT must consider assessments 23 sub A2004-44 s 11; A2008-36 amdt 1.499 ACAT must hold inquirys 24 hdg am A2009-20 amdt 3.142s 24 am 1999 No 31 sch 1 sub A2004-44 s 11 am A2009-20 amdt 3.142 Consultations 24A ins 1999 No 31 s 11 am 1999 No 64 sch 2 om A2004-44 s 11 Consultation by tribunal etcs 25 am 1999 No 31 s 12 and sch 1; pars renum R6 LA sub A2004-44 s 11 am A2006-50 amdt 2.14; A2008-20 amdt 3.36; A2008-36 amdt 1.540 What tribunal must take into accounts 26 sub 1999 No 31 s 13; A2004-44 s 11 am A2006-14 amdts 1.44-1.46; A2008-36 amdt 1.500, amdt 1.540; A2009-20 amdt 3.142 ACAT must not order particular drugs etcs 27 sub 1999 No 31 s 13; A2004-44 s 11 sub A2008-36 amdt 1.501 Psychiatric treatment ordersdiv 4.4 hdg (prev pt 4 div 4 hdg) renum R3 LA ins 1999 No 62 s 8 sub A2004-44 s 11 Criteria for making psychiatric treatment orders 28 sub 1999 No 31 s 13 am 1999 No 62 s 6 sub A2004-44 s 11 am A2008-36 amdt 1.540 Content of psychiatric treatment orders 29 sub 1999 No 31 s 13; A2004-44 s 11 am A2005-48 s 18 Criteria for making restriction order with psychiatric treatment orders 30 am 1999 No 31 s 14, sch 1 sub A2004-44 s 11; A2008-36 amdt 1.502 Content of restriction orders 31 sub A2004-44 s 11 Role of chief psychiatrists 32 am 1999 No 31 s 15, sch 1; 1999 No 62 s 7; 2001 No 44 amdt 1.2871, amdt 1.2872 sub A2004-44 s 11 am A2005-47 amdt 1.19; A2006-50 amdt 2.15; A2008-36 amdt 1.540 Contravention of mental health orderss 32A ins 1999 No 31 s 16 om A2004-44 s 11 Treatment to be explaineds 33 am 1999 No 31 sch 1 sub A2004-44 s 11 Action if psychiatric treatment order no longer appropriates 34 hdg am 1997 No 96 notes 34 am 1997 No 96 sch 1; 1999 No 31 sch 1 sub A2004-44 s 11 am A2005-47 amdt 1.19; A2008-36 amdt 1.540 Powers in relation to detention, restraint etcs 35 hdg am 1999 No 31 notess 35 am 1999 No 31 sch 1 sub A2004-44 s 11 am A2005-47 amdt 1.19 Community care ordersdiv 4.5 hdg ins A2004-44 s 11 Criteria for making community care orders 36 am 1999 No 31 s 17 and sch 1 sub A2004-44 s 11 am A2008-36 amdt 1.540 Content of community care orders 36A ins 1999 No 62 s 8 sub A2004-44 s 11 Criteria for making restriction order with community care orders 36B ins 1999 No 62 s 8 sub A2004-44 s 11; A2008-36 amdt 1.503 Content of restriction orders 36C ins A2004-44 s 11 Role of care coordinators 36D ins A2004-44 s 11 am A2005-47 amdt 1.19; A2006-50 amdt 2.16; A2008-36 amdt 1.540 Treatment to be explaineds 36E ins A2004-44 s 11 Action if community care order no longer appropriates 36F ins A2004-44 s 11 am A2005-47 amdt 1.19; A2008-36 amdt 1.540 Powers in relation to detention, restraint etcs 36G ins A2004-44 s 11 am A2005-47 amdt 1.19; A2008-36 amdt 1.540 Limits on communicationdiv 4.6 hdg ins A2004-44 s 11 Limits on communications 36H ins A2004-44 s 11 am A2008-36 amdt 1.504 Communication with public advocate and person's lawyers 36I ins A2004-44 s 11 sub A2005-47 amdt 1.16 Duration, contravention and review of ordersdiv 4.7 hdg ins A2004-44 s 11 Duration of orderss 36J ins A2004-44 s 11 am A2006-14 amdt 1.47 Contravention of psychiatric treatment order or community care orders 36K ins A2004-44 s 11 am A2005-47 amdt 1.19; A2008-36 amdt 1.540 Review, variation and revocation of orderss 36L ins A2004-44 s 11 am A2008-36 amdt 1.505, amdt 1.540 Apprehensions 37 am 1999 No 31 s 18; 2000 No 52 s 4; ss renum R6 LA; A2008-36 amdt 1.506 Detentions 38 am 1999 No 31 s 19; 2000 No 52 s 5 Circumstances in which copy of court order to be provideds 38A ins 1999 No 31 s 20 am A2006-23 amdt 1.269 Examination by doctors 40 am 1999 No 31 s 21; 2000 No 52 s 6 Authorisation of involuntary detentions 41 am 1999 No 31 s 22; 1999 No 62 s 9; 2001 No 44 amdts 1.2873-1.2875; A2008-36 amdt 1.540 Notification of Magistrates Court about emergency detention or release from emergency detentions 41A ins 1999 No 31 s 23 Notification of certain persons about detentions 42 am 1998 No 54 sch; 1999 No 31 s 24; A2005-47 amdt 1.19; A2008-36 amdt 1.507; ss renum R38 LA Medical examinations 43 am 1999 No 31 s 25; 1999 No 62 s 10 Treatment during detentions 44 am 1999 No 31 s 26; A2005-48 s 9 Communication during detentions 45 am 1997 No 96 sch 1; 1998 No 54 sch sub A2005-47 amdt 1.17 Orders for releases 46 am 1999 No 31 s 27 and sch 1; A2008-36 amdt 1.540 Duty to releases 47 am 1998 No 54 sch; 1999 No 31 s 28; A2008-36 amdt 1.540 Approved facilitiess 48 am 1999 No 31 s 29; 2001 No 44 amdt 1.2876, amdt 1.2877; 2001 No 56 amdt 1.39; A2004-44 s 12, s 13; A2007-39 amdt 3.101 Interstate application of mental health lawspt 5A hdg ins 1997 No 104 s 4 Preliminarydiv 5A.1 hdg (prev pt 5A div 1 hdg) ins 1997 No 104 s 4 renum R3 LA Object of pt 5As 48A ins 1997 No 104 s 4 Definitions for pt 5As 48B ins 1997 No 104 s 4 def agreement ins 1997 No 104 s 4 def corresponding law ins 1997 No 104 s 4 def custodial order ins 1997 No 104 s 4 am 1999 No 31 sch 1 sub A2004-44 s 14 om A2007-43 s 8 def interstate custodial patient ins 1997 No 104 s 4 def interstate non-custodial order ins 1997 No 104 s 4 def non-custodial order ins 1997 No 104 s 4 om A2007-43 s 8 def State ins 1997 No 104 s 4 Authority to enter into agreementss 48C ins 1997 No 104 s 4 Recognition of interstate laws and orderss 48D ins 1997 No 104 s 4 Territory officers may exercise functions under corresponding lawss 48E ins 1997 No 104 s 4 Transfer of persons from ACTdiv 5A.1 hdg (prev pt 5A div 2 hdg) ins 1997 No 104 s 4 renum R3 LA Emergency admission of persons to health facilities in other Statess 48F ins 1997 No 104 s 4 Transfer of custodial patients from ACTs 48G ins 1997 No 104 s 4 am A2007-43 s 9 Application of Act to persons transferred interstates 48H ins 1997 No 104 s 4 Transfer of persons to ACTdiv 5A.3 hdg (prev pt 5A div 3 hdg) ins 1997 No 104 s 4 renum R3 LA Emergency admission of interstate persons to approved health facilitiess 48I ins 1997 No 104 s 4 Application of Act to persons detained under s 48Is 48J ins 1997 No 104 s 4 Transfer of interstate custodial patients to health facilities in ACTs 48K ins 1997 No 104 s 4 am A2007-43 s 10; A2008-36 amdt 1.508 Application of Act to persons transferred to ACT under s 48Ks 48L ins 1997 No 104 s 4 am A2007-43 s 10 Psychiatric treatment orders and interstate non-custodial ordersdiv 5A.4 hdg (prev pt 5A div 4 hdg) ins 1997 No 104 s 4 renum R3 LA sub A2007-43 s 11 Psychiatric treatment orders relating to interstate peoples 48M hdg sub A2007-43 s 12s 48M ins 1997 No 104 s 4 am A2007-43 s 13, s 14 Orders relating to ACT residentss 48N ins 1997 No 104 s 4 am 2000 No 2 sch Apprehension of persons absent from custody or in breach of ordersdiv 5A.5 hdg (prev pt 5A div 5 hdg) ins 1997 No 104 s 4 renum R3 LA Recognition of apprehension orderss 48P ins 1997 No 104 s 4 Apprehension of interstate persons absent without leave or in breach of orderss 48Q ins 1997 No 104 s 4 Regulations relating to apprehension of personss 48R ins 1997 No 104 s 4 Rights of mentally dysfunctional or mentally ill personspt 6 hdg am 1999 No 31 s 30 Meaning of responsible persons 49 am 2002 No 47 amdt 1.21 def responsible person am 1996 No 35 sch; 1999 No 31 sch 1; 2002 No 47 amdt 1.20; A2004-44 s 15 Statement of rightss 50 am A2004-44 s 16; A2005-47 amdt 1.19 Information to be provideds 51 am 1999 No 31 sch 1; A2004-44 s 17, s 18; pars renum R19 LA (see A2004-44 s 19) ; A2005-47 amdt 1.19; A2008-36 amdt 1.509 Communications 52 am 1999 No 31 sch 1; A2004-44 s 20; A2006-14 amdt 1.48 Failure by owner to complys 53 am 1996 No 35 sch; 1998 No 54 sch; 2002 No 47 amdt 1.22 Electroconvulsive therapy and psychiatric surgerypt 7 hdg am A2005-48 s 18 Consentdiv 7.1 hdg (prev pt 7 div 1 hdg) renum R3 LA Informed consents 54 am A2005-48 s 18 Electroconvulsive therapydiv 7.2 hdg (prev pt 7 div 2 hdg) renum R3 LA sub A2005-48 s 10 What is electroconvulsive therapy?sdiv 7.2.1 hdg ins A2005-48 s 11 What is electroconvulsive therapy?s 55 am 1998 No 54 sch; 1999 No 31 s 31 and sch 1; A2004-44 s 21 sub A2005-48 s 11 Informed consent for electroconvulsive therapysdiv 7.2.2 hdg ins A2005-48 s 11 Electroconvulsive therapy may be administered with consents 55A ins A2005-48 s 11 Offence--electroconvulsive therapy without consents 55B ins A2005-48 s 11 Offence--electroconvulsive therapy on 10 or more occasions since consents 55C hdg sub A2007-43 s 15s 55C ins A2005-48 s 11 Offence--electroconvulsive therapy after consent withdrawns 55D ins A2005-48 s 11 Electroconvulsive therapy orderssdiv 7.2.3 hdg ins A2005-48 s 11 Electroconvulsive therapy may be administered under electroconvulsive therapy orders 55E ins A2005-48 s 11 Application for electroconvulsive therapy orders 55F ins A2005-48 s 11 Criteria for making electroconvulsive therapy orders 55G ins A2005-48 s 11 am A2008-36 amdt 1.540 Content of electroconvulsive therapy orders 55H ins A2005-48 s 11 am A2008-36 amdt 1.510 Offence--electroconvulsive therapy without electroconvulsive therapy orders 55I ins A2005-48 s 11 Offence--electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy orders 55J hdg sub A2007-43 s 16s 55J ins A2005-48 s 11 am A2008-36 amdt 1.511 Offence--electroconvulsive therapy after order consent withdrawns 55K ins A2005-48 s 11 Emergency electroconvulsive therapy ordersdiv 7.2.4 hdg ins A2005-48 s 12 Electroconvulsive therapy may be administered under emergency electroconvulsive therapy orders 55L ins A2005-48 s 12 Application for emergency electroconvulsive therapy orders 55M ins A2005-48 s 12 am A2008-36 amdt 1.512 Criteria for making emergency electroconvulsive therapy orders 55N ins A2005-48 s 12 am A2006-40 amdt 1.31; A2008-36 amdt 1.513, amdt 1.540 Content of an emergency electroconvulsive therapy orders 55O ins A2005-48 s 12 am A2008-36 amdt 1.514 Conflict between orderss 55P ins A2005-48 s 12 sub A2008-36 amdt 1.515 Only doctor or authorised person to administer electroconvulsive therapysdiv 7.2.5 hdg ins A2005-48 s 13 Offence--electroconvulsive therapy without doctor's consents 56 am 1998 No 54 sch sub A2005-48 s 13 Records of electroconvulsive therapysdiv 7.2.6 hdg ins A2005-48 s 13 Doctor must record electroconvulsive therapys 57 am 1998 No 54 sch sub A2005-48 s 13 am A2008-36 amdt 1.540 Electroconvulsive therapy records to be kept for 5 yearss 58 am 1998 No 54 sch sub A2005-48 s 13 Psychiatric surgerydiv 7.3 hdg (prev pt 7 div 3 hdg) renum R3 LA Performance on persons subject to orders of tribunals 59 am A2008-36 amdt 1.540 Approval and consent requireds 60 am 1998 No 54 sch; 1999 No 31 sch 1 Application for approvals 61 am 1999 No 31 sch 1 Application to be considered by committees 62 am 1999 No 31 sch 1 Chief psychiatrist may require further informations 63 hdg am 1999 No 31 notess 63 am 1999 No 31 sch 1 Chief psychiatrist to act on committee's recommendations 64 hdg am 1999 No 31 notess 64 am 1999 No 31 sch 1 Consent of Supreme Courts 65 am 1999 No 31 sch 1 Refusal of surgerys 66 am 1998 No 54 sch; 1999 No 31 sch 1 Committeess 67 am 1997 No 96 sch 1; A2007-39 amdt 3.102 Referrals by courts under Crimes Act and C&YP Actpt 8 hdg am 1999 No 64 sch 2 Review of certain people found unfit to pleads 68 am 1997 No 96 sch 1; 1999 No 31 s 32; 2000 No 2 sch; ss renum R6 LA sub A2005-7 s 23 am A2006-14 amdt 1.49, amdt 1.50; A2008-36 amdt 1.516, amdt 1.540 def order to determine fitness am 1999 No 31 s 32 om A2005-7 s 23 def relevant court ins 2000 No 2 sch om A2005-7 s 23 Review of people temporarily unfit to pleads 69 sub A2004-16 s 18 om A2005-7 s 23 Review of certain other people found unfit to pleads 69A ins A2004-16 s 18 (7)-(9) exp 17 June 2004 (s 69A (9)) om A2005-7 s 23 Recommendations about people with mental impairments 70 hdg am 1999 No 31 notes sub A2006-14 amdt 1.51s 70 am 1999 No 31 sch 1; 1999 No 64 sch 2; A2006-14 amdt 1.52 sub A2008-20 amdt 3.37 am A2008-36 amdt 1.540; A2008-20 amdt 4.45 Recommendations about people with mental illness or mental dysfunctions 70A ins A2008-20 amdt 3.37 am A2008-36 amdt 1.540 Service of decisions etcs 71 am 1999 No 64 sch 2; A2004-16 s 19 sub A2005-7 s 24 am A2005-47 amdt 1.19; A2008-20 amdt 3.38; A2008-36 amdt 1.517 Periodic review of orders for detentions 72 am 1999 No 31 s 33, sch 1; A2008-36 amdt 1.540 Review of conditions of releases 73 am A2008-36 amdt 1.540 Breach of conditions of releases 74 am A2008-36 amdt 1.540 Limit on detentions 75 am 1999 No 31 s 34; A2008-36 amdt 1.540 Procedural matters--ACATpt 9 hdg sub A2008-36 amdt 1.518 Tribunal membersdiv 9.1 hdg (prev pt 9 div 1 hdg) sub 2000 No 2 sch renum R3 LA om A2008-36 amdt 1.518 Meaning of subject person--pt 9s 76 am 1997 No 96 sch 1; 1999 No 31 s 35 and sch 1 sub 2000 No 2 s 3 sch am A2007-39 amdt 3.102 sub A2008-36 amdt 1.518 When ACAT may be constituted by presidential members 77 am 1999 No 31 s 36 sub 2000 No 2 sch; A2008-36 amdt 1.518 When ACAT must be constituted by more memberss 78 sub 2000 No 2 sch; A2008-36 amdt 1.518 Applicationss 79 sub 2000 No 2 sch; A2008-36 amdt 1.518 Appearances 80 sub 2000 No 2 sch; A2008-36 amdt 1.518 Representation of childrens 81 sub 2000 No 2 sch am A2004-44 s 22; A2007-39 amdt 3.103 sub A2008-36 amdt 1.518 Registrar and deputy registrarsdiv 9.2 hdg prev pt 9 div 2 hdg renum as pt 9 div 4 hdg ins 2000 No 2 sch renum R3 LA om A2008-36 amdt 1.518 Subpoena to appear in persons 82 sub 2000 No 2 sch am A2007-39 amdt 3.104 sub A2008-36 amdt 1.518 Other provisions about the tribunaldiv 9.3 hdg (prev pt 9 div 3 hdg) ins 2000 No 2 sch renum R3 LA om A2008-36 amdt 1.518 Person subpoenaed in custodys 83 sub 2000 No 2 sch am A2004-44 s 23; A2004-60 amdt 1.594; A2005-7 s 25; pars renum R21 LA (see A2005-7 s 26) sub A2005-48 s 14; A2008-36 amdt 1.518 When tribunal must be constituted by more memberss 83A ins A2005-48 s 14 am A2006-14 amdt 1.53; A2008-20 amdt 3.39 om A2008-36 amdt 1.518 Change of tribunal membership during matters 83B ins A2005-48 s 14 om A2008-36 amdt 1.518 President to select most suitable memberss 83C ins A2005-48 s 14 om A2008-36 amdt 1.518 When magistrate must not be tribunal members 83D ins A2005-48 s 14 om A2008-36 amdt 1.518 Directions to registrars 84 sub 2000 No 2 sch; A2008-36 amdt 1.518 Notice of hearings 85 am 1998 No 54 sch sub 2000 No 2 sch am A2005-48 s 15 sub A2008-36 amdt 1.518 Hearings to be in privates 86 om 1995 No 25 sch ins 2000 No 2 sch sub A2008-36 amdt 1.518 Secrecys 86A ins 2000 No 2 sch om A2008-36 amdt 1.518 Procedural mattersdiv 9.4 hdg (prev pt 9 div 2 hdg) renum 2000 No 2 sch renum R3 LA om A2008-36 amdt 1.518 Who is given a copy of the order?s 87 am 1999 No 64 sch 2; A2005-47 amdt 1.19 sub A2008-36 amdt 1.518 Sittingss 88 sub 2000 No 2 sch om A2008-36 amdt 1.518 Appearance, representation and use of interpreterss 89 am 1996 No 35 sch; 1997 No 96 sch 1; 1999 No 31 sch 1; 1999 No 64 sch 2; pars renum R6 LA; 2002 No 47 amdt 1.23, amdt 1.24; pars renum R9 LA (see 2002 No 47 amdt 1.25); A2005-47 amdt 1.19 om A2008-36 amdt 1.518 Summons to appear in persons 90 am 1997 No 96 sch 1; 1999 No 22 s 30; 1999 No 31 sch 1; 1999 No 64 sch 2; 2000 No 17 sch 1; 2001 No 44 amdt 1.2878, amdt 1.2879; 2001 No 44 amdt 1.2880 (as am by 2001 No 70 amdt 1.13); A2003-48 amdt 2.13; A2005-47 amdt 1.19 om A2008-36 amdt 1.518 Person summoned in custodys 91 am 1999 No 22 s 31 om A2008-36 amdt 1.518 Appearance by audiovisual or audio linkss 91A ins 1999 No 22 s 32 am 2000 No 17 sch 1; A2003-48 amdt 2.14 om A2008-36 amdt 1.518 Arrest of persons failing to appears 92 am 2000 No 2 sch om A2008-36 amdt 1.518 Directions to registrars 93 am 2000 No 2 sch om A2008-36 amdt 1.518 Notice of proceedingss 94 am 1996 No 35 sch; 1999 No 31 sch 1; 1999 No 64 sch 2; pars renum R6 LA; 2002 No 47 amdt 1.26, amdt 1.27; pars renum R9 LA (see 2002 No 47 amdt 1.28); A2004-44 s 24; pars renum R19 LA (see A2004-44 s 25) ; A2005-47 amdt 1.19 om A2008-36 amdt 1.518 Proceedings to be in privates 95 am A2005-47 amdt 1.19 om A2008-36 amdt 1.518 Natural justices 96 om A2008-36 amdt 1.518 Evidences 97 am 2000 No 2 sch; A2005-53 amdt 1.115 om A2008-36 amdt 1.518 Privileges against selfincrimination and exposure to civil penaltys 98 sub A2005-53 amdt 1.116 om A2008-36 amdt 1.518 Determination of questionss 99 am 1999 No 31 sch 1 om 2000 No 2 sch Assistance for tribunals 100 am 1997 No 96 sch 1; A2007-39 amdt 3.105 om A2008-36 amdt 1.518 Power to obtain information and documentss 101 am 1998 No 54 sch; 2000 No 2 sch; A2005-53 amdt 1.117 om A2008-36 amdt 1.518 Retention of documentss 102 am 2000 No 2 sch; A2005-53 amdt 1.118 om A2008-36 amdt 1.518 Consultations 103 om 1999 No 31 s 37 Form of orderss 104 om A2008-36 amdt 1.518 Who is given a copy of the order?s 105 am A2004-44 s 26; pars renum R19 LA (see A2004-44 s 27) sub A2005-48 s 16 (5), (6) exp 1 March 2006 (s 105 (6)) am A2006-50 amdt 2.17; pars renum A2006-50 amdt 2.18 om A2008-36 amdt 1.518 Proof of orderss 106 om A2008-36 amdt 1.518 Breach of orderss 107 am 2000 No 2 sch om A2008-36 amdt 1.518 Obtaining reasons for decisionss 108 am 2000 No 2 sch om A2008-36 amdt 1.518 Withdrawal of applicationss 109 om A2008-36 amdt 1.518 Costss 110 om A2008-36 amdt 1.518 Application of Criminal Code, ch 7s 111 am 1998 No 54 sch; 2000 No 2 sch sub A2005-53 amdt 1.119 om A2008-36 amdt 1.518 Chief psychiatrist and mental health officerspt 10 hdg am 1999 No 31 s 38 Chief psychiatrists 112 am 1996 No 35 sch; 1999 No 31 s 39 sub 2002 No 47 amdt 1.29 Functionss 113 am 1999 No 31 s 40, sch 1; pars renum R6 LA Terms of appointments 114 am 1999 No 31 sch 1 om 2002 No 47 amdt 1.30 Resignations 115 am 1999 No 31 sch 1 om 2002 No 47 amdt 1.30 Termination of appointments 116 am 1999 No 31 sch 1 Acting appointmentss 117 am 1999 No 31 sch 1 om 2002 No 47 amdt 1.30 Delegation by chief psychiatrists 118 am 1996 No 35 sch; 1999 No 31 sch 1 sub 2002 No 47 amdt 1.31 Mental health officerss 119 am 1999 No 31 s 41, sch 1 sub A2004-10 s 9 am A2006-27 amdt 2.4; A2007-43 s 17 Functions of mental health officerss 119A ins A2004-10 s 9 Identity cards for mental health officerss 119B ins A2004-10 s 9 Chief psychiatrist's annual reports 120 hdg am 1999 No 31 notess 120 sub 1995 No 25 sch am 1999 No 31 sch 1 sub A2004-9 amdt 1.29 Care coordinatorpt 10A hdg ins A2004-44 s 28 Care coordinators 120A ins A2004-44 s 28 Functionss 120B ins A2004-44 s 28 am A2008-36 amdt 1.540 Termination of appointments 120C ins A2004-44 s 28 Delegation by care coordinators 120D ins A2004-44 s 28 Care coordinator's annual reports 120E ins A2004-44 s 28 Official visitorspt 11 hdg sub 1999 No 31 s 42 Appointment etcs 121 sub 1999 No 31 s 42 am 2002 No 30 amdt 3.599; A2007-39 amdt 3.106, amdt 3.107 Official visitor--functionss 122 hdg sub A2007-39 amdt 3.108s 122 sub 1999 No 31 s 42 Official visitor--powers etcs 122A ins 1999 No 31 s 42 am 2000 No 2 sch; 2001 No 44 amdt 1.2881, amdt 1.2882 Reports by official visitorss 122B ins 1999 No 31 s 42 am 2000 No 2 sch; A2005-47 amdt 1.18, amdt 1.19 Interpretationdiv 12.1 hdg (prev pt 12 div 1 hdg) renum R3 LA Definitions for pt 12s 123 def inspector ins A2007-39 amdt 3.109 def psychiatric institution am 1996 No 35 sch; 1999 No 31 s 43; 2002 No 47 amdt 1.32 Licencesdiv 12.2 hdg (prev pt 12 div 2 hdg) renum R3 LA Owner or manager to be licenseds 124 am 1998 No 54 sch Issue of licences 125 am 2001 No 44 amdt 1.2883, amdt 1.2884 Term and renewal of licences 126 am 2001 No 44 amdt 1.2885, amdt 1.2886 Emergency cancellations 130 am 1999 No 31 sch 1 Effect of cancellations 131 am 1998 No 54 sch Inspectorsdiv 12.3hdg (prev pt 12 div 3 hdg) renum R3 LA Appointment of inspectorss 132 am 1999 No 31 sch 1 sub A2007-39 amdt 3.110 Identity cardss 133 am 1998 No 54 sch Failing to comply with requirement of inspectors 135 hdg sub A2004-15 amdt 2.122s 135 am 1998 No 54 sch; A2004-15 amdt 2.123, amdt 2.124 Notification and review of decisionsdiv 12.4 hdg (prev pt 12 div 4 hdg) renum R3 LA sub A2008-36 amdt 1.519 Meaning of reviewable decision--div 12.4s 136 sub A2008-36 amdt 1.519 Reviewable decision noticess 137 sub A2008-36 amdt 1.519 Applications for reviews 137A ins A2008-36 amdt 1.519 Miscellaneousdiv 12.5 hdg (prev pt 12 div 5 hdg) renum R3 LA Unauthorised treatments 138 am 1998 No 54 sch; 1999 No 31 sch 1; A2008-36 amdt 1.540 Service of documentss 139 om 2001 No 56 amdt 1.40 Protection of officials from liabilitys 140A ins A2009-20 amdt 1.2 Appeals from ACAT to Supreme Courts 141 am 2002 No 33 s 4; A2004-60 amdt 1.595 sub A2006-40 amdt 2.165; A2008-36 amdt 1.520 Relationship with Guardianship and Management of Property Acts 142 am 2001 No 70 amdt 1.68 sub A2004-44 s 29 am A2005-48 s 18; A2008-36 amdt 1.521 Relationship with Powers of Attorney Acts 143 am 2001 No 70 amdt 1.68 sub A2004-44 s 29 am A2005-48 s 18; A2006-50 amdt 2.19 Relationship with Mental Health Act 1962s 144 om 2002 No 49 amdt 3.99 Certain rights unaffecteds 145 sub A2008-36 amdt 1.522 Determination of feess 146 sub 2001 No 44 amdt 1.2887 am A2007-39 amdt 3.111 Approved formss 146A ins 1999 No 31 s 44 sub 2001 No 44 amdt 1.2887 am A2007-39 amdt 3.111, amdt 3.112 Regulation-making powers 147 sub 2001 No 44 amdt 1.2887 Transitionalpt 14 hdg ins 1999 No 31 s 45 om R5 LA ins A2005-7 s 27 exp 24 May 2005 (s 149) Application of amendments made by Crimes Amendment Act 2005s 148 ins 1999 No 31 s 45 exp 1 October 2001 (s 148 (4)) ins A2005-7 s 27 exp 24 May 2005 (s 149) Expiry of pt 14s 149 ins 2000 No 2 s 3 sch exp 9 June 2000 (s 149 (7)) ins A2005-7 s 27 exp 24 May 2005 (s 149) Transitionalpt 15 hdg ins A2006-14 amdt 1.54 exp 7 April 2011 (s 151) Application of amendments made by Crimes Amendment Act 2005s 150 ins A2006-14 amdt 1.54 exp 7 April 2011 (s 151 (LA s 88 declaration applies)) Expiry--pt 15s 151 ins A2006-14 amdt 1.54 exp 7 April 2011 (s 151) Reviewable decisionssch 1 ins A2008-36 amdt 1.523 Dictionarydict ins A2005-48 s 17 am A2006-23 amdt 1.270; A2008-36 amdts 1.524-1.526 def ACAT mental health provision ins A2008-36 amdt 1.527 def agreement ins A2005-48 s 17 def applicant reloc from s 4 A2005-48 s 6 sub A2008-36 amdt 1.528 def application reloc from s 4 A2005-48 s 6 sub A2008-36 amdt 1.528 def approved health facility am 2001 No 56 amdt 1.37 reloc from s 4 A2005-48 s 6 def approved mental health facility am 2001 No 56 amdt 1.38 reloc from s 4 A2005-48 s 6 def assessment reloc from s 4 A2005-48 s 6 def assessment order ins A2008-36 amdt 1.529 def C&YP Act ins 1999 No 64 sch 2 reloc from s 4 A2005-48 s 6 om A2008-20 amdt 4.47 def C&YP chief executive ins 1999 No 64 sch 2 reloc from s 4 A2005-48 s 6 sub A2008-20 amdt 3.40 def care and protection order ins A2008-20 amdt 3.41 def care coordinator ins 1999 No 31 s 6 sub 1999 No 62 s 4; A2004-44 s 4 reloc from s 4 A2005-48 s 6 def chief psychiatrist ins 1999 No 31 s 6 reloc from s 4 A2005-48 s 6 def community care facility ins 1999 No 31 s 6 reloc from s 4 A2005-48 s 6 am A2006-23 amdt 1.271 def community care order ins 1999 No 31 s 6 sub A2004-44 s 5 reloc from s 4 A2005-48 s 6 def community member ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.530 def corresponding law ins A2005-48 s 17 def Crimes Act reloc from s 4 A2005-48 s 6 def custodial order ins A2005-48 s 17 om A2007-43 s 18 def decision reloc from s 4 A2005-48 s 6 def deputy president ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.530 def electroconvulsive therapy ins A2005-48 s 17 def electroconvulsive therapy order ins A2005-48 s 17 def emergency electroconvulsive therapy order ins A2005-48 s 17 def general president ins A2008-36 amdt 1.531 def information statement reloc from s 4 A2005-48 s 6 def informed consent ins A2005-48 s 17 def inspector ins A2007-39 amdt 3.113 def interim care and protection order ins A2008-20 amdt 3.42 def interim therapeutic protection order ins A2008-20 amdt 3.42 def interstate custodial patient ins A2005-48 s 17 def interstate non-custodial order ins A2005-48 s 17 def licence ins A2005-48 s 17 def licensed premises ins A2005-48 s 17 def licensee ins A2005-48 s 17 def member ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.532 def mental dysfunction reloc from s 4 A2005-48 s 6 def mental health facility am 1999 No 31 sch 1 reloc from s 4 A2005-48 s 6 def mental health nurse reloc from s 4 A2005-48 s 6 sub A2004-39 amdt 6.9 (as am by A2005-48 amdt 1.13) def mental health officer reloc from s 4 A2005-48 s 6 def mental health order am 1999 No 31 s 6 sub A2004-44 s 6 reloc from s 4 A2005-48 s 6 def mental health professional am 1999 No 31 sch 1 reloc from s 4 A2005-48 s 6 def mental health services member ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.532 def mental health tribunal provision ins A2008-20 amdt 3.42 om A2008-36 amdt 1.532 def mental illness ins 1999 No 31 s 6 reloc from s 4 A2005-48 s 6 def mental impairment ins A2006-14 amdt 1.55 def mentally dysfunctional or mentally ill offender am 1999 No 31 sch 1; 1999 No 64 sch 2 reloc from s 4 A2005-48 s 6 om A2006-14 amdt 1.56 def neurosurgery reloc from s 4 A2005-48 s 6 def non-custodial order ins A2005-48 s 17 om A2007-43 s 19 def non-presidential member ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 sub A2008-36 amdt 1.533 def offender with a mental impairment ins A2006-14 amdt 1.57 am A2008-36 amdt 1.534; A2008-20 amdt 4.48 def official visitor ins 1999 No 31 s 6 reloc from s 4 A2005-48 s 6 def order reloc from s 4 A2005-48 s 6 def president reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.535 def presidential member ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 sub A2008-36 amdt 1.536 def private psychiatric institution reloc from s 4 A2005-48 s 6 def proceeding sub A2005-48 s 5 reloc from s 4 A2005-48 s 6 sub A2008-36 amdt 1.536 def psychiatric institution am 1996 No 35 sch; 1999 No 31 sch sub 2002 No 47 amdt 1.18 reloc from s 4 A2005-48 s 6 def psychiatric institution, for pt 12 ins A2005-48 s 17 def psychiatric surgery reloc from s 4 A2005-48 s 6 def psychiatric treatment order ins 1999 No 31 s 6 sub A2004-44 s 7 reloc from s 4 A2005-48 s 6 def psychiatrist reloc from s 4 A2005-48 s 6 def psychiatrist member ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.537 def psychologist member ins 2000 No 2 sch reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.537 def referring officer am 1999 No 64 sch 2; A2004-14 amdt 2.5 reloc from s 4 A2005-48 s 6 am A2008-20 amdt 4.49, amdt 4.50; pars renum R39 LA def registrar sub 1999 No 66 sch 3 reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.537 def relative am A2003-14 amdt 1.79, amdt 1.80 reloc from s 4 A2005-48 s 6 def responsible person ins A2005-48 s 17 def restriction order ins 1999 No 31 s 6 sub A2004-44 s 8 reloc from s 4 A2005-48 s 6 def reviewable decision ins A2008-36 amdt 1.538 def State ins A2005-48 s 17 def subject person ins A2008-36 amdt 1.538 def tribunal reloc from s 4 A2005-48 s 6 om A2008-36 amdt 1.539 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R0A6 Feb 2006 5 Sept 1995-30 June 1996 A1995-25 amendments by A1995-25 R0B6 Feb 2006 1 July 1996-23 Dec 1997 A1996-35 amendments by A1996-35 R11 June 1998 1 June 1998-8 Dec 1998 A1997-104 amendments by A1997-96 and A1997-104 R1 (RI)6 Feb 2006 1 June 1998-8 Dec 1998 A1997-104 reissue of printed version R1A6 Feb 2006 23 Dec 1998-31 Aug 1999 A1998-70 amendments by A1998-54 and A1998-70 R210 Nov 1999 10 Nov 1999-8 Mar 2000 A1999-66 amendments by A1999-22, A1999-31, A1999-62 and A1999-66 R2 (RI)6 Feb 2006 10 Nov 1999-8 Mar 2000 A1999-66 reissue of printed version R2A6 Feb 2006 10 May 2000-31 May 2000 A2000-2 amendments by A1999-64 and A2000-2 R2B6 Feb 2006 1 June 2000-9 June 2000 A2000-17 amendments by A2000-17 R2C6 Feb 2006 5 Oct 2000-5 Sept 2001 A2000-52 amendments by A2000-52 and commenced expiry R312 Sept 2001 12 Sept 2001-13 Sept 2001 A2001-56 amendments by A2001-44 and A2001-56 R419 Oct 2001 14 Sept 2001-1 Oct 2001 A2001-70 amendments by A2001-70 R519 Oct 2001 2 Oct 2001-27 Feb 2002 A2001-70 commenced expiry R628 Feb 2002 28 Feb 2002-16 Sept 2002 A2001-70 editorial amendments under Legislation Act R78 Oct 2002 17 Sept 2002-8 Oct 2002 A2002-30 amendments by A2002-30 R89 Oct 2002 9 Oct 2002-30 Dec 2002 A2002-33 amendments by A2002-33 R931 Dec 2002 31 Dec 2002-16 Jan 2003 A2002-47 amendments by A2002-47 R1017 Jan 2003 17 Jan 2003-27 Mar 2003 A2002-49 amendments by A2002-49 R11*28 Mar 2003 28 Mar 2003-16 Mar 2004 A2003-14 amendments by A2003-14 R1217 Mar 2004 17 Mar 2004-8 Apr 2004 A2004-16 amendments by A2004-16 R139 Apr 2004 9 Apr 2004-12 Apr 2004 A2004-16 amendments by A2004-15 R1413 Apr 2004 13 Apr 2004-29 Apr 2004 A2004-16 amendments by A2004-9 R1530 Apr 2004 30 Apr 2004-26 May 2004 A2004-16 amendments by A2003-48 R1627 May 2004 27 May 2004-17 June 2004 A2004-16 amendments by A2004-10 R1718 June 2004 18 June 2004-25 June 2004 A2004-16 commenced expiry R1826 June 2004 26 June 2004-11 Aug 2004 A2004-16 amendments by A2004-14 R19*12 Aug 2004 12 Aug 2004-9 Jan 2005 A2004-44 amendments by A2004-44 R2010 Jan 2005 10 Jan 2005-23 Feb 2005 A2004-60 amendments by A2004-60 R2124 Feb 2005 24 Feb 2005-24 May 2005 A2005-7 amendments by A2005-7 R2225 May 2005 25 May 2005-6 July 2005 A2005-7 commenced expiry R237 July 2005 7 July 2005-6 Sept 2005 A2005-7 updated endnotes R247 Sept 2005 7 Sept 2005-22 Nov 2005 A2005-48 amendments by A2005-48 R2523 Nov 2005 23 Nov 2005-16 Jan 2006 A2005-53 amendments by A2005-53 R2617 Jan 2006 17 Jan 2006-28 Feb 2006 A2005-53 amendments by A2004-39 as amended by A2005-48 R271 Mar 2006 1 Mar 2006-1 Mar 2006 A2006-3 amendments by A2005-47 as amended by A2006-3 R282 Mar 2006 2 Mar 2006-6 Apr 2006 A2006-3 commenced expiry R297 Apr 2006 7 Apr 2006-1 June 2006 A2006-14 amendments by A2006-14 R30 (RI)2 June 2006 2 June 2006-28 Sept 2006 A2006-23 amendments by A2006-23reissue for textual correction R3129 Sept 2006 29 Sept 2006-18 Oct 2006 A2006-40 amendments by A2006-40 R3219 Oct 2006 19 Oct 2006-13 Dec 2006 A2006-40 amendments by A2006-40 R33*14 Dec 2006 14 Dec 2006-29 May 2007 A2006-50 amendments by A2006-27 R3430 May 2007 30 May 2007-12 Dec 2007 A2006-50 amendments by A2006-50 R3513 Dec 2007 13 Dec 2007-26 Dec 2007 A2007-43 amendments by A2007-43 R3627 Dec 2007 27 Dec 2007-26 Oct 2008 A2007-43 amendments by A2007-39 R3727 Oct 2008 27 Oct 2008-1 Feb 2009 A2008-36 amendments by A2008-20 R382 Feb 2009 2 Feb 2009-26 Feb 2009 A2008-36 amendments by A2008-36 R3927 Feb 2009 27 Feb 2009-21 Sept 2009 A2008-36 amendments by A2008-20 (c) Australian Capital Territory 2009 MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - NOTES Australian Capital Territory A1994-44 Republication No 40 Effective: 22 September 2009 Republication date: 22 September 2009 Last amendment made by A2009-20Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Mental Health (Treatment and Care) Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 September 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 22 September 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Mental Health (Treatment and Care) Act 1994 Endnotes Australian Capital Territory Mental Health (Treatment and Care) Act 1994