MENTAL HEALTH AND RELATED SERVICES ACT 1998
MENTAL HEALTH AND RELATED SERVICES ACT 1998
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Objects
4. Definitions
5. Act binds Crown
6. Mental illness
6A. Complex cognitive impairment and related terms
7. Informed consent
7A. Primary carer
8. Interpretation of Act
8AA. Relationship with Disability Services Act 1993
8AB. Relationship with Youth Justice Act 2005
8A. Application of Criminal Code
PART 2--FUNDAMENTAL PRINCIPLES
9. Principles relating to provision of treatment and care
10. Principles relating to involuntary admission and treatment
11. Principles related to admission, care and treatment of Aboriginal and Torres Strait Islander persons
12. Principles relating to rights of carers and families
13. Principles relating to rights and conditions in approved treatment facilities
PART 3--CRITERIA FOR INVOLUNTARY ADMISSION AND TREATMENT
14. Involuntary admission on grounds of mental illness
15. Involuntary admission on grounds of mental disturbance
15A. Involuntary admission on grounds of complex cognitive impairment
16. Involuntary treatment in community
PART 4--ADMINISTRATION
17. Powers and functions of CEO
18. Approved procedures
19. Delegation
20. Approved treatment facilities and approved treatment agencies
21. Persons-in-charge of approved treatment facilities and agencies
22. Authorised psychiatric practitioners
23. Designated mental health practitioners
23A. Authorised officers
PART 5--VOLUNTARY ADMISSIONS
25. Voluntary admission
26. Admission of persons under 18 as voluntary patients
28. Notification of admission
29. Discharge of voluntary patients
30. Detention by medical practitioner or nurse
31. Detention by paramedic
PART 6--INVOLUNTARY ADMISSIONS
Division 1--Assessment
32. Request for assessment
32A. Apprehension by police
33. Assessment to be conducted
34. Recommendation for psychiatric examination
35. Emergency treatment
36. Notification of delay in taking person to approved treatment facility
37. Assessment warrant
38. Examination at approved treatment facility
Division 2--Involuntary admission on grounds of mental illness
39. Involuntary admission on grounds of mental illness
40. On-going examinations
41. Notification of admission on grounds of mental illness
Division 3--Involuntary admission on grounds of mental disturbance
42. Detention following involuntary admission on grounds of mental disturbance
43. Notification of admission on grounds of mental disturbance
44. Review of admission
Division 4--Involuntary admission on grounds of complex cognitive impairment
Subdivision 1--Interpretation
44A. Meaning of treatment management plan
Subdivision 2--Tribunal authorised planned admissions
44B. Application of Subdivision
44C. Application for order for involuntary admission
44D. Notice of application
44E. Decision on application
44F. Content of order
44G. Regular examinations
44H. Discharge
PART 7--COMMUNITY MANAGEMENT ORDERS
Division 1--Interim community management orders
45. Interim community management order
46. Form of interim community management order
47. Notification of interim community management order
Division 2--Community management order
48. Community management order
49. Form of community management order
50. Review of community management order by authorised psychiatric practitioner
50A. Notification of revocation of community management order
51. Appointment of psychiatric case manager
52. Discharge report and consideration of report by Tribunal
53. Suspension of community management order
PART 8--TREATMENT
Division 1--Treatment after voluntary admission
54. Treatment after voluntary admission
Division 2--Treatment after involuntary admission
55. Treatment after involuntary admission
56. Factors to be considered before treatment is authorised
57. Records of treatment to be maintained
PART 9--REGULATION OF CERTAIN TREATMENTS AND MEASURES
Division 1--General
58. Psychosurgery
59. Coma therapy
60. Sterilisation
61. Mechanical restraint
62. Seclusion of patients
63. Non-psychiatric treatment
64. Major medical procedure
65. Clinical trials and experimental treatments
Division 2--Electroconvulsive therapy
66. Electroconvulsive therapy
67. Licensing of premises
68. Renewal of licence
69. Form of licence
70. Cancellation of licence
71. Amendment of licence
72. Review of certain decision
73. Returns
PART 10--POWERS OF COURT
Division 1--Assessment and admission of person
73A. Application of Division
74. Pre-assessment advice
74A. Assessment order and report
75. Admission order
75A. Determination that person not required to be admitted
75B. Person not required to be detained at approved treatment facility during adjournment
76. Warrant of arrest
Division 2--Dismissal of charge following certificate from Chief Health Officer
77. Dismissal of charge
Division 3--Voluntary treatment plan
78. Request for voluntary treatment plan
78A. Voluntary treatment plan
78B. Review of voluntary treatment plan
78C. Failure to comply with condition
78D. Orders under Part 4 of Sentencing Act 1995
78E. Bail
PART 11--PRISONERS
Division 1--Referral, assessment and admission
79. Assessment of prisoner
80. Recommendation for voluntary admission
80A. Voluntary admission of prisoner
81. Involuntary admission of prisoner
82. Person-in-charge to notify Commissioner of Correctional Services
Division 2--Leave of absence and apprehension of prisoner
83. Leave of absence
83A. Apprehension of prisoner
Division 3--General matters
84. Prisoner to remain in lawful custody
85. Discharge of prisoners
86. Arrangements
PART 12--RIGHTS OF PATIENTS AND CARERS
87. Information to be given to patients
88. Information concerning medication or treatment
89. Discharge plan
90. Information on discharge
91. Disclosure of information
92. Access to records
93. Disclosure to adult guardian, decision maker or representative
94. Inclusion of written comments into records
95. Letters and postal articles
96. Access to telephone
97. Visitors
98. Restriction or denial of entitlement
99. Withholding of certain correspondence
PART 13--INTERNAL COMPLAINTS PROCEDURE
100. Internal complaints procedures
PART 14--COMMUNITY VISITORS
Division 1--Principal community visitor
101. Principal community visitor
101A. Resignation and termination of appointment – principal community visitor
102. Functions of principal community visitor
Division 2--Community visitors
103. Community visitors
103A. Resignation and termination of appointment – community visitor
103B. Interim appointment of community visitor
104. Inquiry functions
105. Complaint functions
106. Visiting duties
107. Powers of inspection
108. Requests to see community visitors
109. Reports by community visitors
Division 3--Community visitors panels
110. Community visitors panels
110A. Resignation and termination of appointment – member of community visitors panel
110B. Interim appointment of member of community visitors panel
111. D uties of community visitors panels
112. Reports by community visitors panels
112A. Special community visitors panels
Division 4--Miscellaneous
113. Assistance to be provided
114. Eligibility
115. Annual report
116. Detection of offences
117. Confidentiality
PART 15--TRIBUNAL
Division 1--Jurisdiction of Tribunal
118. Jurisdiction of Tribunal
119. Review of original decision
Division 1A--Constitution of Tribunal
120. Requirements for constitution of Tribunal for proceeding
121. Nomination of Tribunal members
Division 2--Reviews and other functions of Tribunal
122. Review of long term voluntary admissions
123. Review of involuntary admissions and community management orders
125. Review of reports
126. Determination as to whether person able to give informed consent
127. Application for review
128. Limitation of further reviews
Division 3--Proceedings before Tribunal
129. Hearings
129A. Adjournment of hearings
130. Matters to be considered by Tribunal
131. Right of appearance and representation
132. Access to medical records
134. Interpreter
135. Hearing not open to public
136. Record of proceedings
Division 4--Miscellaneous
137. Evidence not admissible in other proceedings
138. Publication of identifying information
141. Decisions and reasons for decisions
141A. Publication of decision
PART 16--APPEAL TO SUPREME COURT
142. Appeal to Supreme Court
143. Determination of appeal
144. Right of appearance and representation
PART 17--APPROVED PROCEDURES AND QUALITY ASSURANCE COMMITTEE
145. Approved Procedures and Quality Assurance Committee
146. Restrictions on Committee
147. Confidentiality of information – Committee members
148. Finding not evidence of certain matters
149. Information not to be given in evidence
PART 18--INTERSTATE ORDERS
Division 1--Interstate mental health orders
150. Interstate mental health orders
Division 2--Interstate transfer orders
151. Definitions
153. Intergovernment agreements
154. Interstate transfer orders
155. Powers of person responsible for transfer
156. CEO may consent to transfer
157. Transfer through Territory
158. Registration of corresponding interstate transfer orders
PART 19--MISCELLANEOUS
159. Amendment of documents
160. Documents relating to examination, admission and treatment
161. Persons prohibited from signing recommendation or certificate
162. Offences in relation to recommendations or certificates
164. Immunity from suit
165. Reasonable force may be used
166. Leave of absence
166A. Person absent without approval
166B. Missing patients
167. Transfer of involuntary patients
168. Financial protection order
168A. Notification of financial protection order
168B. Requirement to ascertain if patient has decision maker
168C. Notifying decision makers
169. Private patients
170. Regulations
PART 20--REPEALS AND TRANSITIONAL MATTERS FOR MENTAL HEALTH AND RELATED SERVICES ACT 1998
171. Repeal
172. Savings and transitional
PART 21--TRANSITIONAL MATTERS FOR MENTAL HEALTH AND RELATED SERVICES AMENDMENT ACT 2007
173. Definitions
174. Reviews and appeals
175. Actions taken under former Act
176. Transitional provisions for Part 10
177. Admission of prisoners
178. Transfer of prisoners
179. Corresponding laws
PART 22--TRANSITIONAL MATTERS FOR MENTAL HEALTH AND RELATED SERVICES AMENDMENT ACT 2020
180. Definitions
181. Members of former Tribunal
182. Applications to former Tribunal
183. Ongoing proceedings of former Tribunal
184. Decisions, warrants and orders of former Tribunal
185. Practice directions
ENDNOTES