Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994

TABLE OF PROVISIONS

           Long Title

   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 3--MENTAL HEALTH TRIBUNAL

   10.     Establishment  
   11.     Functions  

   PART 4--MENTAL HEALTH ORDERS

           Division 4.1--Applications and referrals

   13.     Mentally dysfunctional or mentally ill persons entitled to apply  
   14.     Applications by other persons  
   15.     Referrals  

           Division 4.2--Assessments

   16.     Orders for assessment  
   16A.    Determination of ability to consent  
   17.     Assessments to be conducted as soon as practicable  
   18.     Removal to conduct assessments  
   19.     Contact with other persons  
   20.     Public advocate and person's lawyer to have access  
   21.     Person to be informed  
   22.     Copies of assessments to tribunal  

           Division 4.3--Making of orders—preliminary matters

   23.     Tribunal must consider assessment  
   24.     Tribunal must hold inquiry  
   25.     Consultation by tribunal etc  
   26.     What tribunal must take into account  
   27.     Tribunal may 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  
   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  
   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 tribunal  
   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  
   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--TRIBUNAL MEMBERSHIP AND PROCEDURE

           Division 9.1--Tribunal members

   76.     Membership of tribunal  
   77.     Presidential members  
   78.     Non-presidential members  
   79.     Terms of appointment generally  
   80.     Matters to be included in instrument of appointment etc  
   81.     Duration of appointment  

           Division 9.2--Registrar and deputy registrars

   82.     Registrar and deputy registrars of tribunal  

           Division 9.3--Other provisions about the tribunal

   83.     When tribunal may be constituted by presidential member  
   83A.    When tribunal must be constituted by more members  
   83B.    Change of tribunal membership during matter  
   83C.    President to select most suitable members  
   83D.    When magistrate must not be tribunal member  
   84.     Role of president  
   85.     Deciding questions  
   86.     Protection of members etc  
   86A.    Secrecy  

           Division 9.4--Procedural matters

   87.     Lodgment of applications  
   88.     Sittings  
   89.     Appearance, representation and use of interpreters  
   90.     Summons to appear in person  
   91.     Person summoned in custody  
   91A.    Appearance by audiovisual or audio links  
   92.     Arrest of persons failing to appear  
   93.     Directions to registrar  
   94.     Notice of proceedings  
   95.     Proceedings to be in private  
   96.     Natural justice  
   97.     Evidence  
   98.     Privileges against selfincrimination and exposure to civil penalty  
   100.    Assistance for tribunal  
   101.    Power to obtain information and documents  
   102.    Retention of documents  
   104.    Form of orders  
   105.    Who is given a copy of the order?  
   106.    Proof of orders  
   107.    Breach of orders  
   108.    Obtaining reasons for decisions  
   109.    Withdrawal of applications  
   110.    Costs  
   111.    Application of Criminal Code, ch 7  

   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--Review of decisions

   136.    Application for review  
   137.    Notice of decision  

           Division 12.5--Miscellaneous

   138.    Unauthorised treatment  

   PART 13--MISCELLANEOUS

   140.    Legal effect of certain sections  
   141.    Appeals from tribunal 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  
           DICTIONARY
           ENDNOTES