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PARLIAMENT OF VICTORIA
Mental Health (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Community treatment orders and restricted community treatment
orders 2
5. Licensing of ECT premises 5
6. Register of non-psychiatric treatment 6
7. Powers of authorised psychiatrist 6
8. New Division 3 of Part 6 substituted 6
Division 3--Community Support Services 7
98. Definitions 7
99. Principles for community support services 7
100. Appointment of administrator 8
9. Powers of chief psychiatrist and authorised officers 10
10. New section 106AC inserted 11
106AC. Quality assurance committee 11
11. Community visitors 12
12. Confidentiality 12
13. Members and procedure of the Board 13
NOTES 14
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PARLIAMENT OF VICTORIA
A BILL
to amend the Mental Health Act 1986 in respect of community
support services, to establish a quality assurance committee and for
other purposes.
Mental Health (Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Mental
Health Act 1986--
(a) in respect of community support services;
5 (b) to establish a quality assurance committee;
(c) generally to improve the operation of the
Act.
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2. Commencement
(1) Sections 1 and 3 and this section come into
operation on the day on which this Act receives
the Royal Assent.
5 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 June 2000, it
10 comes into operation on that day.
No. 59/1986. 3. Principal Act
Reprint No. 5
In this Act, the Mental Health Act 1986 is called
as at 1 July
1998. Further
the Principal Act.
amended by
No. 67/1998.
4. Community treatment orders and restricted
15 community treatment orders
(1) In section 15A of the Principal Act--
(a) in sub-section (6) for "this section"
substitute "section 30";
(b) sub-sections (7) and (8) are repealed.
20 (2) In section 15A of the Principal Act for
sub-section (9) substitute--
"(9) A restricted community treatment order does
not take effect, except for the purposes of an
appeal or review, unless and until it has been
25 approved by the Board under section
36(2A)(c).".
(3) In section 15B of the Principal Act for
sub-section (1) substitute--
"(1) If the chief psychiatrist is satisfied that a
30 person who is subject to a restricted
community treatment order does not satisfy
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the criteria specified in section 93(1)(b) of
the Sentencing Act 1991 or the criteria
specified in section 15A(1) of this Act, the
chief psychiatrist must discharge the person
5 as an involuntary patient.".
(4) In the Principal Act--
(a) in section 15B sub-section (3) is repealed;
(b) in section 15B(6)--
(i) omit "or the Board";
10 (ii) omit "or it";
(c) in section 15B(6) for paragraph (b)
substitute--
"(b) satisfies the criteria specified in section
93(1)(b) of the Sentencing Act 1991
15 but does not satisfy the criteria
specified in section 15A(1) of this
Act.";
(d) in section 15B(7) and (8) omit "or the
Board" wherever occurring;
20 (e) in section 30(1)(a) after "admitted" insert
"or, in the case of a person who is subject to
a restricted community treatment order, as
soon as practicable after receiving a copy of
the order under section 15A(6)";
25 (f) in section 36(2)--
(i) for "Where" substitute "Subject to sub-
section (2A), where";
(ii) after "detained" insert "or deemed to
be detained".
30 (5) After section 36(2) of the Principal Act insert--
"(2A) On hearing an appeal or review in relation to
a person who is subject to a restricted
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community treatment order, the Board,
having regard to the criteria specified in
section 93(1)(b) of the Sentencing Act 1991
and section 15A(1) of this Act--
5 (a) if satisfied that the person--
(i) has failed to comply with the
order; or
(ii) satisfies the criteria specified in
section 93(1)(b) of the Sentencing
10 Act 1991 but does not satisfy the
criteria specified in section
15A(1) of this Act--
may revoke the order; or
(b) if satisfied that the person does not
15 satisfy the criteria specified in section
93(1)(b) of the Sentencing Act 1991 or
the criteria specified in section 15A(1)
of this Act, must discharge the person
as an involuntary patient; or
20 (c) in the case of the first review of the
order under section 30(1)(a), if satisfied
that the person does not satisfy the
criteria specified in section 93(1)(b) of
the Sentencing Act 1991 but satisfies
25 the criteria specified in section 15A(1)
of this Act, may approve the order.
(2B) If the Board revokes a restricted community
treatment order--
(a) the Board must make reasonable efforts
30 to inform the person who was subject to
the order--
(i) that the order has been revoked;
and
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(ii) that the person must return to an
approved mental health service as
an in-patient; and
(b) the person who was subject to the order
5 is deemed to be an involuntary patient
who is absent from an approved mental
health service without leave; and
(c) the Board may authorise any of the
persons referred to in section 43(1) to
10 apprehend the person for the purposes
of returning the person to an approved
mental health service.".
(6) In section 36 of the Principal Act--
(a) in sub-section (4) after "the Board" insert
15 ", having regard to the criteria specified in
sections 8(1) and 14(1A)";
(b) in sub-section (6) for "sub-section (5)"
substitute "sub-section (2B) or (5)".
5. Licensing of ECT premises
20 (1) In section 75 of the Principal Act--
(a) in sub-section (1)--
(i) for "person who" substitute "person,
partnership or unincorporated
association that";
25 (ii) after "person" (where secondly
occurring) insert ", partnership or
unincorporated association";
(b) in sub-section (3) paragraph (a) is repealed;
(c) in sub-section (5) for paragraph (c)
30 substitute--
"(c) the suitability of the equipment to be
used in the performance of
electroconvulsive therapy; and".
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(2) In the Principal Act--
(a) in section 76(1) for paragraph (b)
substitute--
"(b) must specify the prescribed particulars;
5 and";
(b) in section 76(2) for paragraph (d)
substitute--
"(d) the equipment on the premises is no
longer suitable; or";
10 (c) in section 77--
(i) in sub-section (2) paragraph (a) is
repealed;
(ii) sub-section (4) is repealed;
(d) in section 78(2) omit "in the prescribed
15 form".
(3) After section 78(2) of the Principal Act insert--
"(3) An application under sub-section (2) must
specify the prescribed particulars.".
(4) In section 80 of the Principal Act omit "in the
20 prescribed form".
6. Register of non-psychiatric treatment
In section 85(2) of the Principal Act omit "in the
prescribed form".
7. Powers of authorised psychiatrist
25 In section 96(2) of the Principal Act for "this Act"
substitute "this or any other Act".
8. New Division 3 of Part 6 substituted
For Division 3 of Part 6 of the Principal Act
substitute--
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Act No.
'Division 3--Community Support Services
98. Definitions
In this Division--
"agency" has the same meaning as in
5 Division 1 of Part 3 of the Health
Services Act 1988;
"community support services" means
services funded by the Secretary to
provide care or support designed to
10 assist people with a mental disorder,
wherever possible, to live, work and
participate in the community and
includes psychiatric disability support
services.
15 99. Principles for community support services
It is the intention of Parliament that an
agency providing community support
services operate in accordance with the
following principles--
20 (a) people receiving the services should be
given the best possible care and
treatment appropriate to their needs in
the least possible restrictive
environment and least possible
25 intrusive manner consistent with the
effective giving of that care and
treatment; and
(b) provision should be made for people
who are receiving the services to
30 participate in the planning, operation
and evaluation of the services; and
(c) restrictions on and interference with the
rights, privacy, dignity and self-respect
of people receiving the services should
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be kept to the minimum necessary in
the circumstances; and
(d) there should be adequate mechanisms
for the assessment and review of people
5 receiving the services; and
(e) the services provided should be
accessible and flexible to meet the
needs of people with a mental disorder.
100. Appointment of administrator
10 (1) If the Minister is satisfied that an agency
providing community support services--
(a) is inefficiently or incompetently
managed; or
(b) has failed to provide effective services
15 in accordance with the principles
specified in section 99; or
(c) has breached or failed to comply with
any provision of any funding agreement
with the Secretary--
20 the Minister may recommend to the
Governor in Council that an administrator of
the agency be appointed.
(2) If the Minister proposes that an agency
should be administered by an administrator,
25 the Minister--
(a) must give notice in writing to the
agency of his or her proposal; and
(b) must consider any submissions,
whether oral or in writing, made to the
30 Minister by the agency within 7 days
after the giving of the notice; and
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(c) may consider any other submissions
and any other matters the Minister
considers appropriate--
before deciding whether or not to
5 recommend the appointment of an
administrator.
(3) If the Minister decides to recommend the
appointment of an administrator, the
Governor in Council, on the
10 recommendation of the Minister, may
appoint an administrator of the agency for
such period and subject to such terms and
conditions as are specified in the
appointment.
15 (4) An administrator of an agency appointed
under this section has and may exercise all
the powers and is subject to all the duties of
the board or other governing body of the
agency.
20 (5) On the appointment of an administrator, the
members of the board or other governing
body of the agency cease to hold office.
(6) If the Minister recommends to the Governor
in Council that the appointment of an
25 administrator of an agency should be
revoked, the Governor in Council may by
notice published in the Government Gazette
declare that the appointment will be revoked
on the date specified in the notice, being a
30 date not less than 28 days after the
publication of the notice.
(7) If a notice is published under sub-section (6)
in relation to an agency--
(a) members of the board or other
35 governing body of the agency are to be
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elected or appointed in accordance with
the rules or other constituting document
of the agency; and
(b) on the date specified in the notice--
5 (i) the appointment of the
administrator is revoked; and
(ii) the board or other governing body
of the agency is re-established.
(8) The salary of an administrator appointed
10 under this section and any expenses of the
administrator necessarily incurred in the
administration are to be paid by the
Department.'.
9. Powers of chief psychiatrist and authorised officers
15 (1) In the Principal Act--
(a) in section 105(2)(b) for "this Act" substitute
"this or any other Act";
(b) in section 106(1) for "In this section and
sections 106AA and 106AB" substitute "In
20 this Division";
(c) in section 106(1) after the definition of
"psychiatric service" insert--
' "quality assurance committee" means the
committee established by section
25 106AC.'.
(2) In section 106(1) of the Principal Act, in the
definition of "psychiatric service"--
(a) in paragraph (b) omit "State";
(b) paragraph (c) is repealed;
30
(c) for paragraph (i) substitute--
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"(i) an agency providing community
support services.".
(3) In section 106 of the Principal Act for
sub-section (4) substitute--
5 "(4) The chief psychiatrist or an authorised
officer may visit a psychiatric service--
(a) if the chief psychiatrist has reason to
believe--
(i) that a person with a mental
10 disorder is not being provided, or
was not provided, with proper
medical care by the service; or
(ii) that the welfare of a person with a
mental disorder is being, or has
15 been, endangered by the service;
or
(b) if the chief psychiatrist considers it
necessary to do so in the course of the
duty of the chief psychiatrist or
20 authorised officer as a member of the
quality assurance committee.".
(4) In section 106(6) of the Principal Act--
(a) in paragraph (a) omit "and";
(b) paragraph (b) is repealed.
25 10. New section 106AC inserted
After section 106AB of the Principal Act insert--
"106AC. Quality assurance committee
(1) A quality assurance committee is
established.
30 (2) The committee consists of the chief
psychiatrist and each authorised officer
within the meaning of section 106(1).
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(3) The function of the committee is to oversee
and monitor standards of mental health
services.".
11. Community visitors
5 In the Principal Act--
(a) in section 107, in the definition of "mental
health service", for paragraphs (b) and (c)
substitute--
"(b) an agency providing community
10 support services--";
(b) in section 114 for "in the prescribed form"
substitute "specifying the prescribed
particulars";
(c) in section 116(3) for "Board" substitute
15 "Community (Psychiatric Services) Visitors
Board".
12. Confidentiality
(1) In section 120A(1) of the Principal Act, in the
definition of "person to whom this section
20 applies"--
(a) for "psychiatric service" (wherever
occurring) substitute "relevant psychiatric
service";
(b) in paragraph (d) for "psychiatric health
25 service" substitute "relevant psychiatric
service".
(2) In section 120A(1) of the Principal Act, in the
definition of "relevant psychiatric service"--
(a) in paragraph (b) omit "State";
30 (b) for paragraph (c) substitute--
"(c) an agency providing community
support services;";
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(c) paragraph (d) is repealed.
13. Members and procedure of the Board
In the Principal Act--
(a) in clause 2 of Schedule 1 sub-clause (3) is
5 repealed;
(b) in clause 1(1A)(a)(i) of Schedule 2 for
"section 93G(1)" substitute
"section 93G(3)".
10
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Mental Health (Amendment) Act 1999
Act No.
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