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MENTAL HEALTH ACT 2007 - As at 19 February 2024 - Act 8 of 2007

- As at 19 February 2024 - Act 8 of 2007

Table of Provisions

CHAPTER 1 - PRELIMINARY

CHAPTER 2 - VOLUNTARY ADMISSION TO FACILITIES

CHAPTER 3 - INVOLUNTARY ADMISSION AND TREATMENT IN AND OUTSIDE FACILITIES

PART 1 - REQUIREMENTS FOR INVOLUNTARY ADMISSION, DETENTION AND TREATMENT

PART 2 - INVOLUNTARY DETENTION AND TREATMENT IN MENTAL HEALTH FACILITIES

Division 1 - Preliminary

Division 2 - Admission to and initial detention in mental health facilities

Division 3 - Continuing detention in mental health facilities

Division 4 - Leave of absence from mental health facilities

  • 46 Application of Division
  • 47 Leave of absence on compassionate grounds, medical grounds or other grounds
  • 48 Apprehension of persons not permitted to be absent from mental health facility
  • 49 Police assistance

PART 3 - INVOLUNTARY TREATMENT IN THE COMMUNITY

Division 1 - Applications for and making of community treatment orders

Division 2 - Operation of community treatment orders

Division 3 - Revocation, variation and review of community treatment orders

CHAPTER 4 - CARE AND TREATMENT

PART 1 - RIGHTS OF PATIENTS OR DETAINED PERSONS, DESIGNATED CARERS AND PRINCIPAL CARE PROVIDERS

Division 1 - General

Division 2 - Notification and information sharing

Division 3 - Transfer of patients

  • 80 Transfer of patients to or from mental health facilities
  • 81 Transport of persons to and from mental health facilities and other health facilities

PART 2 - MENTAL HEALTH TREATMENTS

Division 1 - Preliminary

Division 2 - General provisions about mental health treatment

  • 83 Prohibited treatments
  • 84 Treatment may be given to patients
  • 85 Administration of excessive or inappropriate drugs
  • 86 Review of drug use in mental health facilities

Division 3 - Electro convulsive therapy

  • 87 Definitions
  • 88 Offences relating to administration of electro convulsive treatment
  • 89 When electro convulsive therapy may be administered
  • 90 Refusal of treatment by medical superintendent
  • 91 Informed consent requirements
  • 92 Person impaired by medication incapable of giving informed consent
  • 93 When electro convulsive therapy may be administered to persons other than involuntary patients or persons under 16
  • 94 When electro convulsive therapy may be administered to involuntary patients or persons under 16
  • 95 Tribunal to hold inquiries promptly
  • 96 Purpose and findings of ECT inquiries
  • 97 Electro convulsive therapy register

PART 3 - OTHER MEDICAL TREATMENTS

CHAPTER 5 - ADMINISTRATION

PART 1 - ADMINISTRATIVE OBJECTIVES AND FUNCTIONS

PART 2 - MENTAL HEALTH FACILITIES

Division 1 - Declared mental health facilities

Division 2 - Private mental health facilities

  • 115 Application for licence
  • 116 Grant or refusal of licence
  • 117 Duration of licence
  • 118 Annual statement and licence fee
  • 119 Duplicate licence
  • 120 Cancellation of licences--generally
  • 121 Cancellation of licences--failure to show cause
  • 122 Variation of licence
  • 123 Provision of medical services in private mental health facilities
  • 124 Medical superintendents
  • 125 Deputy medical superintendents
  • 126 Unlicensed private mental health facilities
  • 127 Certain private health facilities to be licensed

PART 3 - OFFICIAL VISITORS AND ACCREDITED PERSONS

  • 128 Principal official visitor
  • 129 Official visitors
  • 130 General provisions relating to the Principal official visitor and official visitors
  • 131 Inspections of mental health facilities by official visitors
  • 132 Obligations to facilitate exercise of functions by official visitors
  • 133 Reports to Minister
  • 134 Request by patient or other person at mental health facility to see official visitor
  • 134A Request by patient or other person at other health facility to see official visitor
  • 135 Official visitors not personally liable
  • 136 Accredited persons

PART 4 - INSPECTION POWERS

  • 137 Inspection of mental health facilities
  • 138 Powers of authorised officer to require information, evidence, production of records
  • 139 Protection from incrimination

CHAPTER 6 - MENTAL HEALTH REVIEW TRIBUNAL

PART 1 - THE TRIBUNAL

PART 2 - PROCEDURES OF THE TRIBUNAL

CHAPTER 7 - JURISDICTION OF SUPREME COURT

  • 163 Appeals to the Court
  • 164 Power of the Court on appeals
  • 165 Panel of assessors
  • 166 Jurisdiction of Court to order discharge or transfer of detained person
  • 167 Other jurisdiction of the Court not affected
  • 168 Tribunal members not liable for costs

CHAPTER 8 - INTERSTATE APPLICATION OF MENTAL HEALTH LAWS

PART 1 - PRELIMINARY

PART 2 - TRANSFER OF PATIENTS AND PERSONS

Division 1 - Transfer of persons from this State

  • 174 Admission of persons to mental health facilities in other States
  • 175 Effect of certificates
  • 176 Transfer of patients from this State

Division 2 - Transfer of persons to this State

  • 177 Admission of interstate persons to mental health facilities in this State
  • 178 Application of Acts to persons brought to mental health facility from outside this State
  • 179 Transfer of interstate persons to mental health facilities in this State
  • 180 Status of transferred persons

PART 3 - COMMUNITY TREATMENT ORDERS AND OTHER ORDERS

PART 4 - APPREHENSION OF PERSONS ABSENT FROM MENTAL HEALTH FACILITY OR IN BREACH OF ORDERS

  • 185 Recognition of warrants and orders
  • 186 Apprehension of interstate persons absent without leave or in breach of corresponding orders
  • 187 Regulations relating to apprehension of persons

CHAPTER 9 - MISCELLANEOUS

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