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.
"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" means a person:

(a) who is detained in a mental health facility, correctional centre or other place, or released from custody subject to conditions, pursuant to an order:

(i) under section 10 (3) (c), 14, 17 (3), 25, 27 or 39 of the Mental Health (Criminal Procedure) Act 1990 , or

(ii) under section 7 (4) of the Criminal Appeal Act 1912 (including that subsection as applied by section 5AA (5) of that Act), or

(b) who is granted bail pursuant to section 14 (b) (ii) or 17 (2) of the Mental Health (Criminal Procedure) Act 1990 , or

(c) who is detained in a mental health facility pending the person’s committal for trial for an offence or pending the person’s trial for an offence, or

(d) who has been transferred to a mental health facility while serving a sentence of imprisonment and who has not been classified by the Tribunal as an involuntary patient.

"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.