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  
   6A.     Complex cognitive impairment and related terms  
   7.      Informed consent  
   7A.     Primary carer  
   8.      Interpretation of Act  
   8AA.    Relationship with Disability Services Act  
   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 Aborigines and Torres Strait Islanders  
   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  
   24.     Ambulance 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 ambulance officer  

   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  
   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--MENTAL HEALTH REVIEW TRIBUNAL

           Division 1--Establishment of Tribunal

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

           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  
   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  
   135A.   Contempt of Tribunal  
   136.    Record of proceedings  

           Division 4--Miscellaneous

   137.    Evidence not admissible in other proceedings  
   138.    Publication of identifying information  
   139.    Confidentiality of information – Tribunal members, staff and authorised officers  
   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.    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  
           ENDNOTES


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