New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 4

4 Definitions

(1) In this Act:
"accredited person" means a person accredited under section 136.
"ambulance officer" means a member of staff of the NSW Health Service who is authorised by the Director-General to exercise functions of an ambulance officer under this Act.
"assessable person" -see section 17.
"authorised medical officer" of a mental health facility means:

(a) the medical superintendent of the mental health facility, or

(b) a medical officer, nominated by the medical superintendent for the purposes of this Act, attached to the mental health facility concerned.

"community treatment order" means a community treatment order in force under Part 3 of Chapter 3.
"correctional patient" has the same meaning as it has in the Mental Health (Forensic Provisions) Act 1990 .
"Court" means the Supreme Court.
"declared mental health facility" means premises subject to an order in force under section 109.
"Deputy President" means a person appointed as a Deputy President of the Tribunal.
"determination of the Tribunal" includes an order, direction or decision of the Tribunal.
"Director-General" means the Director-General of the Department of Health.
"director of community treatment" -see section 50.
"exercise" a function includes perform a duty.
"forensic patient" has the same meaning as it has in the Mental Health (Forensic Provisions) Act 1990 .
"function" includes a power, authority or duty.
"guardian", in relation to the exercise of any function under this Act by the guardian of a person under guardianship, means a guardian who is able to exercise that function.
"involuntary patient" means:

(a) a person who is ordered to be detained as an involuntary patient by a Magistrate after a mental health inquiry or by the Tribunal, or

(b) a forensic patient who is re-classified as an involuntary patient.

"medical superintendent":

(a) of a declared mental health facility, means the medical practitioner appointed, under section 111, as medical superintendent of the facility, or

(b) of a private mental health facility, means the medical practitioner appointed, under section 124, as medical superintendent of the facility.

"mental health certificate" -see section 17.
"mental health facility" means a declared mental health facility or a private mental health facility.
"mental health inquiry" means an inquiry conducted by a Magistrate under Division 3 of Part 2 of Chapter 3.
"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 one or more 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 any one or more of the symptoms referred to in paragraphs (a)-(d).

"mentally disordered person" -see section 15.
"mentally ill person" -see section 14.
"parent", of a child, means any person having parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ) for the child.
"patient" means a person who is admitted to a mental health facility in accordance with this Act and who is in the facility following the person’s admission, and includes a person so admitted while absent from the facility either with or without leave of absence.
"person under guardianship" means a person under guardianship within the meaning of the Guardianship Act 1987 .
"premises" includes any land, building and part of any building.
"President" means the President of the Tribunal.
"primary carer" -see section 71.
"private mental health facility" means premises subject to a licence under Division 2 of Part 2 of Chapter 5.
"spouse" means:

(a) a husband or wife, or

(b) the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 ,

but where more than one person would qualify as a spouse, means only the last person to so qualify.
"surgical operation" -see section 98.
"Tribunal" means the Mental Health Review Tribunal constituted under Chapter 6.
"voluntary patient" means:

(a) a person who has been admitted to a mental health facility under Chapter 2, or

(b) a person who has been re-classified as a voluntary patient under this Act.

(2) Notes included in this Act (other than in Schedule 1) do not form part of this Act.