Northern Territory Consolidated Acts

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
   7A.     Primary carer
   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 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
   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
   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 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
           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 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
           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
   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 Director 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 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.    Duties 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 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
   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.    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
   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
   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