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 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.     U Mental health officers [See Endnotes]  
   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  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES