MENTAL HEALTH ACT 2000

Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. Commencement
3. Act binds all persons

Part 2--Purpose and application of Act

4. Purpose of Act
5. How purpose of Act is to be achieved
6. Application of Act
7. Attachment—flowcharts

Part 3--Principles for administration of Act

8. General principles for administration of Act
9. Principles for exercising powers and performing functions

Part 4--Interpretation

Division 1--Dictionary and notes in text

10. Definitions
11. Notes in text

Division 2--Key definitions

12. What is mental illness
13. What are the assessment criteria
14. What are the treatment criteria

CHAPTER 2--INVOLUNTARY ASSESSMENT

Part 1--Interpretation

15. Definition of authorised mental health service for ch 2

Part 2--Requirements for involuntary assessment

Division 1--Preliminary

16. Assessment documents

Division 2--Request for assessment

17. Who may make request for assessment
18. Making request for assessment

Division 3--Recommendation for assessment

19. Who may make recommendation for assessment
20. Making recommendation for assessment
21. How long recommendation for assessment is in force

Division 4--Miscellaneous provisions

22. When request for assessment may be made and when it is in force
23. Assessment documents must be made by different persons
24. Person making request must not be relative of practitioner making recommendation

Part 3--Procedures leading to involuntary assessment

Division 1--Provisions about taking persons to authorised mental health services for involuntary assessment

25. Taking person to authorised mental health service
26. Administration of medication while being taken to authorised mental health service

Division 2--Justices examination orders

27. Application for order
28. Making of order
29. Procedures after making order
30. Effect of order
31. Duration of order
32. Notifications to director

Division 3--Emergency examination orders
Subdivision 1--Emergency examination orders by police officers and ambulance officers

33. Application of sdiv 1
34. Taking person to authorised mental health service
35. Making of emergency examination order
36. Detention and examination
Subdivision 2--Emergency examination orders by psychiatrists
37. Application of sdiv 2
38. Making of emergency examination order
39. Taking of person to authorised mental health service for examination
40. Detention and examination
Subdivision 3--General
41. Procedure if assessment documents not made

Part 4--Detention as involuntary patient for involuntary assessment

Division 1--Preliminary

42. Application of pt 4
43. Purpose of pt 4

Division 2--Involuntary assessment

44. Detention for assessment
45. Patient and other persons to be told about assessment
46. Initial assessment
47. Extension of assessment period
48. When patient ceases to be involuntary patient

CHAPTER 3--PERSONS BEFORE A COURT OR IN CUSTODY REQUIRING ASSESSMENT OR DETENTION

Part 1--Requirements for assessment

Division 1--Preliminary

49. Assessment documents

Division 2--Recommendations for assessment

50. Who may make recommendation for assessment
51. Making recommendation for assessment
52. How long recommendation for assessment is in force

Division 3--Agreements for assessment

53. Who may give agreement for assessment
54. When agreement for assessment may be given by administrator
55. When agreement for assessment may be given by director
56. How long agreement for assessment is in force

Part 2--Persons having a mental illness before court

Division 1--Court assessment orders

57. Application of div 1
58. Court may make court assessment order for person
59. Court's powers if court assessment order is not made for person

Division 2--Orders by Supreme and District Courts if person pleads guilty to indictable offence

60. Definition for div 2
61. Application of div 2
62. Supreme or District Court may order plea of not guilty
63. How reference to Mental Health Court is made

Part 3--Persons having a mental illness in lawful custody

64. Application of pt 3
65. Custodian's assessment authority
66. Making of custodian's assessment authority

Part 4--Detention as classified patient on completion of assessment documents

Division 1--Preliminary

67. Application of pt 4

Division 2--Provisions about taking person to, and detaining person in, authorised mental health service

68. Taking person to authorised mental health service
69. Classified patients
70. Giving information about detention

Division 3--Assessment and treatment as classified patient

71. Initial assessment
72. Treatment plan for patient needing to be detained for treatment as classified patient
73. Regular assessments of patient
74. Authorised doctor to report to director if patient does not need to be detained for treatment

Division 4--Provisions about legal proceedings

75. Suspension of particular proceedings
76. What happens for proceedings for Commonwealth offences
77. Bail, remand and discontinuance of proceedings etc.
78. When patient ceases to be classified patient
79. Notice of patient ceasing to be classified patient

Division 5--What happens on patient ceasing to be classified patient

80. Application of div 5
81. Release or other arrangements for admission for patients who cease to be involuntary patients
82. Continued detention of particular involuntary patients

Part 5--Return of classified patients to court or custody

Division 1--Preliminary

83. Application of pt 5
84. Notice of application of pt 5

Division 2--Patients under court assessment orders

85. Application of div 2
86. Notices about patient not to be detained as classified patient
87. Taking patient before court

Division 3--Patients under custodian's assessment authorities

88. Application of div 3
89. Director to decide whether particular patients should be returned to court
90. When custodian is to take custody of patient
90A. Giving information about return of patient to custody
91. When patient to be brought before court
92. Taking patient before court

Division 4--Miscellaneous provisions

93. When administrator's custody of patient ends
94. When patient ceases to be classified patient
95. Notice of patient ceasing to be classified patient

Part 6--Procedures following end of sentence or parole

96. Application of pt 6
97. Chapter does not affect parole
98. Administrator to give notice of end of period of imprisonment or detention or on parole
99. When patient ceases to be classified patient
100. Notice of patient ceasing to be classified patient

Part 6A--Procedures following end of lawful custody without charge

100A. Application of pt 6A
100B. Administrator to give notice of end of lawful custody without charge
100C. When patient ceases to be classified patient
100D. Notice of patient ceasing to be classified patient

Part 7--Detention in authorised mental health service during trial

101. Court may order person's detention in authorised mental health service
102. Who may give agreement for detention
103. When agreement for detention may be given by administrator
104. When agreement for detention may be given by director
105. How long agreement for detention is in force
106. Taking person to authorised mental health service and return to court
107. Detention in authorised mental health service

CHAPTER 4--TREATMENT OF PERSONS WHO HAVE MENTAL ILLNESSES

Part 1--Involuntary treatment orders

Division 1--Making and effect of involuntary treatment orders

108. Making of involuntary treatment order
109. Category of order
110. Treatment plan for patient
111. Authorised doctor must tell patient about order and treatment plan
112. Second examination in particular cases
113. Notice of making of involuntary treatment order
114. Detention under in-patient order
115. Treatment under treatment plan
116. Regular assessments of patient
117. Noncompliance with treatment under community category of involuntary treatment order
118. Duration of order

Division 2--Changing category of involuntary treatment orders

119. Change of category of order by authorised doctor
120. Notice of change of involuntary treatment order

Division 3--Revoking involuntary treatment orders

121. Revocation of order by authorised doctor
122. Revocation of order by director
123. Notice of revocation of order

Part 2--Treatment plans

Division 1--Preparing and changing treatment plans

124. Preparing treatment plan
125. Change of treatment plan by, or authorised by, doctor
126. Change of treatment plan to give effect to director's transfer order
127. Other change of treatment plan—classified patients

Division 2--Limited community treatment

128. Application of div 2
129. Authorising limited community treatment
130. Limited community treatment on order of tribunal or Mental Health Court
131. What treatment plan must state for limited community treatment
132. Particular patients to be accompanied while undertaking limited community treatment

Part 3--Regulated and prohibited treatments, seclusion and restraint

Division 1--Informed consent

133. Requirements for informed consent
134. Capacity to give informed consent
135. Consent to be written
136. Consent to be given freely and voluntarily
137. Explanation to be given

Division 2--Electroconvulsive therapy

138. Offence to perform electroconvulsive therapy
139. Performance of electroconvulsive therapy with consent or tribunal approval
140. Performance of electroconvulsive therapy in emergency

Division 3--Restraint

141. Meaning of mechanical restraint for div 3
142. Offence to use mechanical restraint
143. Doctor may authorise use of mechanical restraint
144. How authorisation is given
145. Obligations of senior registered nurse
146. When nurse may authorise end of restraint
147. Director may require reports about mechanical restraint

Division 4--Seclusion
Subdivision 1--Interpretation

148. Meaning of seclusion for div 4
Subdivision 2--Prohibition of seclusion
149. Offence to keep patient in seclusion
Subdivision 3--Authorisation of seclusion
150. Who may authorise seclusion
151. When seclusion may be authorised
152. Patient's consent not required
Subdivision 4--Provisions about seclusion authorised by doctor
153. Seclusion authorised by doctor
154. Observation of patient
155. When nurse may authorise end to seclusion
Subdivision 5--Provisions about seclusion authorised by senior registered nurse
156. Seclusion authorised by senior registered nurse
157. Observation of patient
Subdivision 6--General provisions about seclusion
158. Nurse to ensure patient's needs are met
159. Use of reasonable force
160. Director may require reports about seclusions

Division 5--Other treatments

161. Psychosurgery
162. Prohibited treatment

CHAPTER 5--MOVING, TRANSFER AND TEMPORARY ABSENCE OF PATIENTS

Part 1--Moving and transfer of patients

Division 1--Moving patients within authorised mental health services

163. Involuntary patient may be moved within authorised mental health service
164. Administration of medication while being moved in an authorised mental health service

Division 2--Transfers between authorised mental health services

165. Transfer orders—involuntary patients other than classified or forensic patients
166. Transfer orders—other patients
167. Transfers to high security units
168. Taking involuntary patient to authorised mental health service
169. Notice of transfer

Division 3--Moving and transfer of patients out of Queensland
Subdivision 1--Interpretation

170. Application of div 3
Subdivision 2--Moving of patients out of Queensland
171. Application for approval for patient to move out of Queensland
172. Notice of hearing of application
173. Tribunal's powers on application
174. Notice of decision
175. Effect of patient moving on involuntary treatment order

Part 2--Interstate application of mental health laws

Division 1--Preliminary

176. Interstate agreements

Division 2--Making involuntary treatment orders and exercise of powers

177. Involuntary treatment orders for interstate residents
178. Queensland officers may exercise powers etc. under corresponding laws
179. Interstate officers may exercise powers etc. in this State

Division 3--Interstate admissions and transfers of persons and patients

180. Admission of persons to interstate mental health services
181. Transfer of involuntary patients to interstate mental health services
182. Admission of interstate persons to authorised mental health services
183. Transfer of patients to authorised mental health services

Division 4--Apprehension and return of persons

184. Apprehension of persons absent from interstate mental health services
185. Apprehension of involuntary patients interstate

Part 3--Temporary absences

186. Absence of particular patients with director's approval

CHAPTER 6--TRIBUNAL REVIEWS, NOTIFICATION ORDERS AND TREATMENT APPLICATIONS

Part 1--Reviews by tribunal for patients under involuntary treatment orders

187. When reviews are conducted
188. Application for review
189. Notice of hearing for review
190. Matters to be considered on particular reviews
191. Decisions on review
192. Notice of decision
193. Decision to be given effect

Part 2--Reviews by tribunal for young patients detained in high security units

194. When reviews are conducted
195. Application for review
196. Notice of hearing for review
197. Decision on review
198. Notice of decision
199. Decision to be given effect

Part 3--Reviews by tribunal for forensic patients

200. When reviews are conducted
201. Application for review
202. Notice of hearing for review
203. Decisions on review
204. Restrictions on review decisions
205. Notice of decision
206. Decision to be given effect
207. When patient ceases to be forensic patient

Part 4--Reviews by tribunal of mental condition of persons to decide fitness for trial

Division 1--Conduct of reviews

208. Application of div 1
209. When reviews are conducted
210. Application for review
211. Notice of hearing for review
212. Decision on review
213. Notice of decision

Division 2--Procedures following reviews

214. Attorney-General's powers
215. Proceedings discontinued after particular period
216. Effect of discontinuing of proceedings
217. Proceedings may be discontinued
218. When proceedings against person continue
219. Effect of continuing proceedings on forensic patient

Part 5--Notification orders

Division 1--Interpretation

220. Patients to whom pt 5 applies

Division 2--Making of notification orders

221. Tribunal may make notification order
222. Deciding application
223. Restriction on making notification order
224. Matters to be considered by tribunal in making notification order
225. Order may impose conditions
226. Notice of order or decision to refuse
227. Executive officer to give notices under order

Division 3--Variation and revocation

228. Variation and revocation of notification orders

Part 5A--Non-contact orders

228A. Application of pt 5A
228B. Tribunal may make non-contact order
228C. Restrictions on making non-contact order
228D. Non-contact order and reasons to be given to particular persons
228E. Executive officer to file non-contact order
228F. Variation and revocation of non-contact order
228G. Offence to contravene requirement of non-contact order

Part 6--Treatment applications

229. Application to perform electroconvulsive therapy
230. Application to perform psychosurgery
231. Time for deciding application
232. Notice of hearing of application
233. Decision on application
234. Notice of decision

CHAPTER 7--EXAMINATIONS, REFERENCES AND ORDERS FOR PERSONS CHARGED WITH OFFENCES

Part 1--Interpretation

235. Definition for ch 7

Part 2--Procedures for particular involuntary patients charged with offences

Division 1--Preliminary

236. Application of pt 2
237. Notice of application of part

Division 2--Examination of patient and procedures following examination

238. Examination of patient
239. Reports on examination
240. Director to refer patient's mental condition to Mental Health Court or Attorney-General
241. Director may defer reference
242. Reference to Mental Health Court or Attorney-General

Division 3--Miscellaneous

243. Suspension of proceedings
244. Bail, remand and discontinuance of proceedings etc.
245. Notice if part no longer applies in particular circumstances
245A. Notice if part no longer applies to forensic patient

Part 3--Procedure on reference to Attorney-General

246. Application of pt 3
247. Attorney-General's powers on reference
248. Notice of decision to director and tribunal
249. How reference to Mental Health Court is made
250. Effect of decision to continue proceedings
251. Effect on proceedings of decision to discontinue proceedings
252. Notice of decision to discontinue proceedings
253. When patient ceases to be classified patient
254. Notice of patient ceasing to be classified patient
255. Prosecution for offence may be discontinued

Part 4--References to Mental Health Court generally

256. Application of pt 4
257. Reference to Mental Health Court
258. How reference to Mental Health Court is made
259. Suspension of proceedings
260. Bail, remand and discontinuance of proceedings etc.

Part 5--Withdrawal of references to Mental Health Court

261. Withdrawal of reference
262. Notices if application to withdraw filed
263. Court's powers on deciding application

Part 6--Inquiries on references to Mental Health Court

Division 1--Preliminary

264. Notices of reference
265. Documents to be disclosed
266. Notice of hearing

Division 2--Hearing of reference by Mental Health Court

267. Mental Health Court to decide unsoundness of mind and diminished responsibility
268. Reasonable doubt person committed offence
269. Dispute relating to substantially material fact
270. When Mental Health Court must decide fitness for trial
271. Mental Health Court to decide whether unfitness for trial is permanent

Division 3--Provisions about continuing proceedings
Subdivision 1--Orders about continuing proceedings and custody

272. When Mental Health Court to order proceedings to continue
273. Orders about custody
Subdivision 2--Detention in authorised mental health service
274. Application of sdiv 2
275. Mental Health Court may approve limited community treatment
276. Notice of order
277. Detention under order
278. Treatment plan for patient
279. Treatment or care under treatment plan

Division 4--Provisions about staying proceedings

280. Proceedings stayed—not permanently unfit for trial

Division 5--Provisions about discontinuing proceedings

281. Proceedings discontinued—unsound mind
282. Particular proceedings discontinued—diminished responsibility
283. Proceedings discontinued—permanently unfit for trial

Division 6--Material submitted by victims or concerned persons etc.

284. Submission and consideration of material from victim or concerned person etc.
285. Reasons for decision about material submitted by victim or concerned person

Division 7--Miscellaneous provisions

286. Notices of decisions and orders
286A. Notice about material submitted by victim or concerned person
287. When person ceases to be classified patient

Part 7--Forensic patients

Division 1--Forensic orders by Mental Health Court

288. Mental Health Court may make forensic order
288A. Effect of new forensic order on existing forensic order
288B. Mental Health Court may approve interstate move of patient
289. Mental Health Court may order, approve or revoke limited community treatment
290. Effect of forensic order on involuntary treatment order
291. Registrar to give notice of order
292. Taking patient to authorised mental health service
293. Detention under order
294. Order to be given effect
295. Administrator to give notice of order to patient's allied person
296. Treatment plan for patient
297. Treatment or care under treatment plan
298. Regular assessments of patient

Division 2--Forensic orders following jury findings
Subdivision 1--Preliminary

299. Application of div 2
Subdivision 2--Notices of orders and references
300. Registrar of court to give notice of order
301. Director to refer mental condition of particular persons to tribunal
Subdivision 3--Forensic orders by Minister
302. Minister may make forensic order for persons subject to custody order
303. Effect of forensic order (Minister)
304. Notice of forensic order (Minister)
305. Taking patient to authorised mental health service
Subdivision 4--Miscellaneous provisions
306. Administrator to give notice of forensic order to patient's allied person
307. Treatment plan for patient
308. Treatment or care under treatment plan
309. Regular assessments of patient

Part 8--Right to trial retained

310. Application of pt 8
311. Person may elect to go to trial
312. Attorney-General's powers on election to go to trial
313. Effect of election to go to trial when proceedings continued

Part 8A--Non-contact orders

313A. Application of pt 8A
313B. Mental Health Court may make non-contact order
313C. Restrictions on making non-contact order
313D. Non-contact order and reasons to be given to particular persons
313E. Registrar to file non-contact order
313F. Variation and revocation of non-contact order
313G. Offence to contravene requirement of non-contact order

Part 9--Admissibility and use of evidence

314. Definition for pt 9
315. Admissibility of expert's report at trial
316. Particular statements not admissible in any proceeding
317. Mental condition may be raised, but court's decision not admissible, at trial
318. Use of expert's report received by Mental Health Court

CHAPTER 8--APPEALS

Part 1--Appeals against tribunal decisions

Division 1--Preliminary

318A. Definition of patient for pt 1

Division 2--Making and hearing appeals

319. Decisions to which part applies
320. Who may appeal
321. How to start appeal
322. Notices of appeal and hearing
323. Stay of decision pending appeal
324. Notice of stay of decision on review of patient's fitness for trial
325. Appeal powers
326. Notice of decision
327. Mental Health Court's order final

Division 3--Participation and representation at appeals

328. Right of appearance—appeals against decisions on reviews
329. Right of appearance—appeals against decisions on treatment applications
330. Right of appearance—appeals against decisions on application for approval that a patient move out of Queensland
331. Director may elect to become party to appeal
332. Right of particular persons to attend hearing

Division 4--Procedural provisions

333. Hearing procedures

Part 2--Appeals against Mental Health Court decisions on references

334. Who may appeal
335. How to start appeal
336. Hearing procedures
337. Appeal powers
338. Notice of decision

CHAPTER 9--ALLIED PERSONS AND PARTICULAR RIGHTS OF INVOLUNTARY PATIENTS

Part 1--Allied persons

339. Who is an allied person
340. Function of allied person
341. Patient may choose allied person
342. Who is allied person if patient does not have capacity to choose allied person
343. When allied person ceases to act

Part 2--Rights of patients

Division 1--Statement of rights

344. Director to prepare statement of rights
345. Statement of rights to be given to involuntary patient and patient's allied person
346. Notice of rights

Division 2--Examinations of, and visits to, involuntary patients

347. Examining and visiting patient

CHAPTER 10--SECURITY OF AUTHORISED MENTAL HEALTH SERVICES

Part 1--Interpretation

348. Definitions for ch 10

Part 2--Provisions about postal articles and other things received for patients in high security units

349. Interfering with postal articles for patients in high security units
350. Opening and examining things received for patients in high security units

Part 3--Searches

Division 1--Preliminary

351. Definition of patient for pt 3
352. Purpose of pt 3

Division 2--Searches of patients and their possessions
Subdivision 1--Searches on reasonable belief of possession of harmful things

353. Application of sdiv 1
354. Authority to search patients and possessions
Subdivision 2--Searches of patients and their possessions on admission or entry to high security units
355. Authority to search patients and possessions
Subdivision 3--Carrying out searches
356. Application of sdiv 3
357. Carrying out search
358. Seizure of things
359. What happens to thing seized
Subdivision 4--Miscellaneous
360. Records of searches

Division 3--Searches of visitors to high security units, and their possessions

361. Power to search visitors
362. Directions to leave high security unit
363. Carrying out the search
364. Visitor may leave things with authorised officer
365. Visitor may ask for search to stop
366. Return of things to visitor
367. Seizure of things
368. Receipt for seized things
369. Procedure after thing seized
370. Forfeiture of seized things
371. Access to seized things

Division 4--Identity cards

372. Approval of identity cards

Division 5--Compensation

373. Compensation for damage to possessions

Part 4--Exclusion of visitors

374. Administrator may refuse to allow a person to visit a patient
375. Who may appeal
376. How to start appeal
377. Notices of appeal and hearing
378. Stay of decision pending appeal
379. Appeal powers
380. Notice of decision

CHAPTER 11--MENTAL HEALTH COURT

Part 1--Establishment, constitution, jurisdiction and powers

381. Mental Health Court established
382. Constitution
383. Jurisdiction
384. Powers

Part 2--Provisions about membership of Mental Health Court

385. Appointment of a member of Mental Health Court
386. Appointment does not affect judge's tenure of office etc.
387. When judge's office ends etc.

Part 2A--Provisions about president of Mental Health Court

388. President of Mental Health Court
388A. Arrangement of business
388B. President of Mental Health Court holds office while a member of court
388C. Resignation of office
388D. Appointment of acting president of Mental Health Court

Part 3--Provisions about assisting psychiatrists

389. Functions
390. Appointment
391. Terms of appointment
392. Resignation
393. Termination of appointment of assisting psychiatrists
394. Acting appointments

Part 4--Mental Health Court Registry and registrar

395. Mental Health Court Registry
396. Registry's functions
397. Registrar's functions
398. Registrar's powers—general
399. Registrar's power to issue subpoena
400. Registrar's power to require production of documents
401. Registrar's power to require person to be brought before Mental Health Court
402. Delegation by registrar

Part 5--Procedural provisions

403. Right of appearance and representation in Mental Health Court proceeding
404. Evidence
405. Proof of matters
406. Assisting psychiatrists' advice before or during hearing
407. Assisting psychiatrist's advice during hearing
408. Particular assisting psychiatrist's advice to be stated in reasons for decision
409. Court may proceed in absence of person subject of proceeding
410. Appointment of assistants
411. Court may sit and adjourn hearings
412. Hearings about young persons
413. Hearings of references open to public
414. Other hearings not open to public
415. Costs
415A. What happens if a member of Mental Health Court dies or is incapacitated

Part 6--Protection and immunities

416. Contempt of court
417. Conduct that is contempt and offence
418. Protection and immunities for member of Mental Health Court

Part 7--Rules and practices

419. Rule-making power
420. Directions about practice
421. Approved forms—president of Mental Health Court

Part 8--Examination and confidentiality orders

422. Court examination orders
423. Recommendations and requests for court examination order on references
424. Court examination order may also authorise detention etc.
425. What happens at end of examination
426. Confidentiality orders

Part 9--Inquiries into detention of patients in authorised mental health services

427. Mental Health Court may inquire into detention—on application
428. Mental Health Court may inquire into detention—on own initiative
429. Mental Health Court may order inquiry into detention
430. Administrator to ensure help given to appointed person
431. General powers of appointed person on inquiry
432. Appointed person's power to ask questions
433. Mental Health Court may order patient's discharge
434. Patient's other remedies not affected

Part 10--Miscellaneous provisions

435. Annual report

CHAPTER 12--MENTAL HEALTH REVIEW TRIBUNAL

Part 1--Establishment, jurisdiction and powers

436. Establishment
437. Jurisdiction
438. Procedure of tribunal
439. Powers

Part 2--Tribunal members and staff

440. Appointment of members
441. Duration of appointment
442. Terms of appointment
443. Resignation
444. Termination of appointment
445. Acting appointment
446. Executive officer and staff

Part 3--Constitution of tribunal for hearings

447. Members constituting tribunal for hearings
448. When tribunal may be constituted by less than 3 members
449. Presiding member

Part 4--Participation and representation at hearings

450. Right of appearance—reviews
451. Right of appearance—treatment applications
452. Right of appearance—application for approval for patient to move out of Queensland
453. Right of appearance—application for notification order
454. Right of appearance—appeal against decision to exclude a visitor
455. Right of particular persons to attend hearing
456. Tribunal may proceed in absence of involuntary patient

Part 5--Examination and confidentiality orders

457. Tribunal may order examination
458. Confidentiality orders

Part 6--Procedural provisions

459. Hearing procedures
460. Hearing not open to public
460A. Observer may attend hearing
461. Way questions decided
462. Appointment of assistants
463. Tribunal may adjourn hearings
464. Submission and consideration of material submitted by victim or concerned person etc.
465. Reasons for decision about material submitted by victim or concerned person
466. Witnesses
467. Inspection of documents
468. Offences by witnesses
469. Self-incrimination
470. False or misleading statements
471. False or misleading documents
472. Fabricating evidence
473. Contempt of tribunal
474. Punishment of contempt
475. Conduct that is contempt and offence
476. Costs

Part 7--Protection and immunities

477. Protection and immunities for tribunal members
478. Other provisions about protection and immunities

Part 8--Rules and practices

479. Rule-making power
480. Directions about practice
481. Approved forms—president

Part 9--Miscellaneous provisions

482. Authentication of documents
483. Judicial notice of particular signatures
484. Arrangement of business
485. Delegation
486. Register
487. Annual report

CHAPTER 13--ADMINISTRATION

Part 1--Director of Mental Health

Division 1--Appointment, functions and powers

488. Appointment
489. Functions
490. Powers—general
491. Independence of director
492. Delegation
493. Approved forms

Division 2--Miscellaneous provisions

494. Annual report

Part 2--Authorised mental health services, high security units and administrators

495. Declaration of authorised mental health services
496. Declaration of high security units
497. Declaration of administrators of authorised mental health services and high security units
498. Delegations by administrator

Part 3--Authorised mental health practitioners and approved officers

499. Appointment of authorised mental health practitioners
500. Appointment of approved officers
501. Terms of appointment
502. Powers
503. Approval of identity cards

Part 4--Authorised doctors and appointed health practitioners

504. Who is an authorised doctor
505. Powers
505A. Appointment of certain health practitioners
506. Register of authorised doctors and certain health practitioners

CHAPTER 14--ENFORCEMENT, EVIDENCE AND LEGAL PROCEEDINGS

Part 1--Return of patients to treating health service for assessment or treatment

507. Authorised doctor may require involuntary patient's return
508. Taking patient to authorised mental health service
509. Administration of medication while being taken to authorised mental health service

Part 2--Entry to places

510. Application of pt 2
511. Entry of places
512. Application for warrant for apprehension of patient
513. Issue of warrant
514. Special warrants
515. Warrants—procedure before entry

Part 3--Use of reasonable force for detention and treatment

516. Use of reasonable force to detain person in authorised mental health service
517. Treatment of particular patients without consent and with use of reasonable force

Part 4--Offences

518. Offences relating to ill-treatment
519. Offences relating to patients in custody absconding
520. Other offences relating to absence of patients
521. Obstruction of official
522. False or misleading documents

Part 5--Confidentiality

523. Definition for pt 5
524. Publication of reports and decisions on references—Mental Health Court and Court of Appeal
525. Publication of reports of other proceedings
526. Publication of information disclosing identity of parties to proceedings
527. Publication of information disclosed under notification order
528. Confidentiality of information—officials
529. Confidentiality of information—allied persons and agents
530. Disclosure of confidential information

Part 6--Investigations

531. Definition of patient for pt 6
532. Approved officer may visit authorised mental health services
533. Approved officer may require production of documents etc.

Part 7--Evidence and legal proceedings

534. Evidentiary provisions
535. Proceedings for offences
536. Protection of officials from liability

Part 8--General

537. Compliance with particular provisions as soon as practicable
538. Compliance with provision to extent reasonably practicable
539. Administrator taken to have complied with particular requirements

CHAPTER 15--MISCELLANEOUS PROVISIONS

540. Legal custody of particular patients
541. Taking patients to appear before court and return to treating health service
542. Official to identify himself or herself before exercising powers
543. Period counted as imprisonment
544. When prescribed person or surety not liable
545. Regulation-making power
546. References to repealed Act

CHAPTER 16--REPEAL AND TRANSITIONAL PROVISIONS

Part 1--Repeal of Mental Health Act 1974

547. Act repealed

Part 2--Transitional provisions for Act No. 16 of 2000

Division 1--Interpretation

548. Definitions for pt 2
549. References to patient's treating health service

Division 2--Provisions about admission, detention and removal to places of safety under part 3 of repealed Act

550. Application for admission and doctor's recommendation under s 18 of repealed Act
551. In-patients detained in hospital under certificate of doctor under s 19 of repealed Act
552. Warrants to remove to place of safety under s 25 of repealed Act
553. Patients detained in hospital, under s 27 of repealed Act, following removal to place of safety
554. Patients detained under s 21 of repealed Act

Division 2A--Provisions about involuntary treatment orders taken to have been made under this part

555. Involuntary treatment orders must be made for particular patients
556. Category of involuntary treatment orders

Division 3--Provisions about particular patients detained under part 4 of repealed Act

557. Persons detained under s 29(3) of repealed Act
558. Persons detained under s 29(4)(b) of repealed Act
559. Persons detained under s 29A(2) or 29C of repealed Act are classified patients
560. Persons detained under s 31 or 32 of repealed Act are classified patients
561. Persons found not to be in need of detention under s 31A of repealed Act
562. Prisoners detained under s 43 of repealed Act are classified patients
563. Patients under 17 years detained in security patients' hospitals
564. Court orders under s 43E of repealed Act for custody of persons during adjournment

Division 4--Provisions about transfer and leave of absence

565. Detention of restricted patients transferred to security patients' hospital
566. Leave of absence for restricted patients under pt 4 of repealed Act
567. Leave of absence for other patients
568. Return of patients absent without leave

Division 5--Reviews by Patient Review Tribunal

569. Reviews by Patient Review Tribunal under ss 15 and 21 of repealed Act
570. Reviews by Patient Review Tribunal under s 36 of repealed Act
571. Timing of reviews by Mental Health Review Tribunal
572. Reviews of mental condition of persons to decide fitness for trial
572A. Continuing proceedings for persons found fit for trial on review
573. When proceedings discontinued for particular persons to whom s 34 of repealed Act applied
574. Reviews of mental condition of persons following section 613 or 645 finding
575. Trial of persons following section 613 or 645 finding
576. When proceedings discontinued for particular persons to whom s 38 of repealed Act applied

Division 6--Examinations, references and orders for persons charged with offences

577. Application of ch 7 to particular patients detained under pt 4 of repealed Act
578. References of mental condition of persons not started
579. References of mental condition of persons being heard
580. Determinations and orders on references to Mental Health Tribunal
581. Orders by Minister under ss 38 and 39 of repealed Act
582. Elections under s 43C of repealed Act to go to trial

Division 7--Appeals and inquiries

583. Appeals against Patient Review Tribunal decisions
584. Appeals against Mental Health Tribunal decisions
585. Inquiries under s 70 of repealed Act

Division 8--Miscellaneous provisions

586. Director of Mental Health
587. Committees continued under repealed Act
588. Mental Health Court or tribunal may make orders about transition from repealed Act to this Act

Part 3--Transitional provisions for Health and Other Legislation Amendment Act 2007

589. Definitions for pt 3
590. Constituting judge taken to be a member of Mental Health Court etc.
591. Rules relating to Mental Health Court
592. Directions about practice and procedure of Mental Health Court
593. Approved forms
SCHEDULE 2 DICTIONARY
ATTACHMENT
Endnotes

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