MENTAL HEALTH AND RELATED SERVICES ACT

Northern Territory Consolidated Acts

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MENTAL HEALTH AND RELATED SERVICES ACT

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Objects
4. Definitions
5. Act binds Crown
6. Mental illness
7. Informed consent
8. Interpretation of Act

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 Aborigines and Torres Strait Islanders
12. Principles relating to rights of carers
13. Principles relating to rights and conditions in approved treatment facilities

PART 3 - CRITERIA FOR INVOLUNTARY ADMISSION

14. Involuntary admission on grounds of mental illness
15. Involuntary admission on grounds of mental disturbance
16. Involuntary treatment in community

PART 4 - ADMINISTRATION

17. Powers and functions of Secretary
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
24. Ambulance officers

PART 5 - VOLUNTARY ADMISSIONS

25. Voluntary admission
26. Admission of persons under 18 as voluntary patients
27. Admission of persons under guardianship as voluntary patients
28. Notification of admission
29. Discharge of voluntary patients
30. Detention for 6 hours
31. Powers of ambulance officers to detain for 6 hours

PART 6 - INVOLUNTARY ADMISSIONS

Division 1 - Assessment

32. Request for assessment
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

Division 3 - Involuntary Admission on Grounds of Mental Disturbance

42. Involuntary admission on grounds of mental disturbance
43. Notification of admission
44. Review of admission

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
51. Appointment of psychiatric case managers
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 FORMS OF TREATMENT

Division 1 - General

58. Psychosurgery
59. Coma therapy
60. Sterilisation
61. Mechanical means of bodily restraint
62. Seclusion of patients
63. Non-psychiatric treatment
64. Major medical procedure
65. Clinical trials and experimental procedures

Division 2 - Electro Convulsive Therapy

66. Electro convulsive 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

74. Assessment order
75. Admission order
76. Act to apply to orders made under this Part 77. Warrant of arrest
78. Dismissal of charge

PART 11 - ADMISSION OF PRISONERS

79. Admission of prisoner
80. Application of Parts 5 and 6
81. Voluntary admission of prisoners
82. Involuntary admission of prisoners
83. Prisoner to remain in lawful custody
84. Discharge of prisoners
85. Leave of absence
86. Arrangements

PART 12 - RIGHTS OF PATIENTS AND CARERS

87. Information to be provided to patients
88. Information concerning medication
89. Discharge plan
90. Information on discharge
91. Disclosure of information
92. Access to records
93. Disclosure to 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
102. Functions of principal community visitor

Division 2 - Community Visitors

103. Community visitors
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
111. Duties of community visitors panels
112. Reports by community visitors panels

Division 4 - Miscellaneous

113. Assistance to be provided
114. Eligibility
115. Annual report
116. Detection of offences
117. Confidentiality

PART 15 - MENTAL HEALTH REVIEW TRIBUNAL

Division 1 - Establishment of Tribunal

118. Mental Health Review Tribunal
119. Resignation and removal from office
120. Constitution of Tribunal
121. Registrar of Tribunal

Division 2 - Reviews, Appeals and Other Functions of Tribunal

122. Review of long term voluntary admissions
123. Review of involuntary admissions and community management orders
124. Review of certain decisions of authorised psychiatric practitioners
125. Review of reports
126. Determination as to whether person able to give informed consent
127. Appeals
128. Limitation of further reviews and appeals

Division 3 - Proceedings Before Tribunal

129. Hearings
130. Matters to be considered by Tribunal
131. Right of appearance and representation
132. Access to medical records
133. Evidence
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 names, &c.
139. Secrecy provision
140. Annual report
141. Reports of reasons given by Tribunal for its decisions

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. Disclosure, &c., of information
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
152. Corresponding law
153. Intergovernment agreements
154. Interstate transfer orders
155. Powers of person responsible for transfer
156. Secretary may consent to transfer
157. Transfer through Territory
158. Registration of corresponding interstate transfer orders

PART 19 - MISCELLANEOUS

159. Amendment of documents
160. Recommendation or certificate not to be signed without examination
161. Persons prohibited from signing recommendation or certificate
162. Offences in relation to recommendations or certificates
163. Apprehension by police
164. Immunity from suit
165. Reasonable force may be used
166. Leave of absence
167. Transfer of involuntary patients
168. Financial protection order
169. Private patients
170. Regulations
171. Repeal
172. Savings and transitional

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