MENTAL HEALTH ACT 1986

Victorian Consolidated Legislation

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MENTAL HEALTH ACT 1986

No. 59 of 1986
Version incorporating amendments as at 31 March 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. Meaning of consent of a person

PART 2-OBJECTS, OBJECTIVES, FUNCTIONS AND PRINCIPLES

4. Objects of Act
5. Objectives of the Department
6. Functions of the Secretary
6A. Principles of treatment and care

PART 3-ADMISSION OF PATIENTS

Division 1-Introductory

7. Definitions

Division 2-Involuntary patients

8. Criteria for involuntary treatment
9. Request and recommendation for involuntary treatment
9A. Authority to transport
9B. Taking a person to an approved mental health service
10. Apprehension of mentally ill persons in certain circumstances
11. Persons incapable of caring for themselves
12. Involuntary treatment orders-persons in the community
12AA. Involuntary treatment orders-persons in approved mental health services
12AB. Interim treatment under involuntary treatment order
12AC. Examination by authorised psychiatrist
12AD. Treatment for involuntary patients
12AE. Notification of guardian
12A. Application to continue detention and treatment of involuntary patient
12B. Determination of application
12C. Continued detention and treatment
12D. Chief psychiatrist may make application
13. Admission to a general hospital or emergency department
14. Community treatment orders
14A. Monitoring persons on community treatment orders
14B. Extension of community treatment orders
14C. Variation of community treatment orders
14D. Revocation of community treatment orders
14E. Effect of person's detention in custody etc. on involuntary treatment orders and community treatment orders

Division 3-Persons convicted of criminal offences or in a prison

15. Discharge of involuntary patients
15A. Restricted community treatment orders
15AB. Monitoring persons on restricted community treatment
orders
15B. Repealed
15C. Variation of restricted community treatment orders
15D. Revocation of restricted community treatment orders
15E. Effect of person's detention etc. on restricted community treatment orders
16. Transfer of mentally ill prisoners
16A. Transfer of prisoners subject to hospital security orders
16B. Treatment for security patients

Division 4-Forensic patients

17. Transfer of persons detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
17A. Status of forensic patients
17B. Security conditions

Division 5-Patient's rights

18. Statement of patient's rights
19. Information to be provided
19A. Treatment plans
20. Correspondence

PART 4-REVIEW, DISCHARGE, LEAVE AND TRANSFER
OF PATIENTS

Division 1-Establishment, constitution and procedure of the board

21. The Mental Health Review Board
22. Functions of the Board
23. Staff of the Board
24. Procedure of the Board
25. Appointment of persons to assist the Board
26. Appearance and representation at any hearing of the Board
27. Statement of reasons
28. Register

Division 2-Appeals and reviews

29. Appeals
30. Reviews
31. Appeals and reviews may be held concurrently
32. Notice of appeal or review
33. Proceedings to be closed to the public
34. Reports of proceedings
35. Secrecy provision
35A. Review of treatment plans

Division 3-Involuntary patients

36. Power of Board on appeal or review of involuntary treatment orders-patients who are detained
36A. Power of Board on appeal or review of hospital transfer orders
36B. Power of Board on appeal or review of restricted involuntary treatment orders-patients who are detained
36BA. Power of Board on appeal or review of assessment orders
or diagnosis, assessment and treatment orders
36C. Power of Board on appeal or review for patients on community treatment orders
36D. Power of Board on appeal or review for patients on restricted community treatment orders
36E. Power of Board on appeal or review-continued detention
under section 12A(4) or 12C.
37. Discharge of involuntary patients-involuntary treatment
orders and community treatment orders
37A. Discharge of involuntary patients-restricted involuntary treatment orders and restricted community treatment orders
37B. Discharge of involuntary patients-assessment orders and diagnosis, assessment and treatment orders
37C. Discharge of involuntary patients-hospital transfer orders
38. When discharge of involuntary patient under section 16 takes effect
39. Transfer of involuntary patient to another approved mental
health service
40. Leave of absence
41. Absence of involuntary patient with permission
42. Discharge after absence
43. Apprehension of involuntary patient absent without leave

Division 4-Security patients

43A. Clinical guidelines for discharge of security patients
44. Board may order discharge
45. Chief psychiatrist may order discharge
46. Notification and discharge
47. Security conditions
48. Repealed
49. Transfer of security patient to another approved mental health service
50. Automatic discharge as a security patient at expiration of sentence
51. Leave of absence for security patients
52. Special leave for security patient
53. Apprehension of security patient absent without leave
53AA. Warrant to arrest security patient absent without leave who leaves Victoria
53A. Application of Divisions 3 and 4.

Division 5-Forensic patients

53AB. Transfer of forensic patient to another approved mental
health service
53AC. Leave of absence for forensic patient
53AD. Apprehension of forensic patient absent without leave

PART 5-CARE AND TREATMENT OF PEOPLE WITH A MENTAL DISORDER

Division 1AA-Informed consent

53B. Requirements for obtaining informed consent

Division 1-Psychosurgery

54. Definitions
55. Repealed
56. Psychosurgery Review Board
57. Consent required
58. Application to Psychosurgery Review Board
59. Hearing of application
60. Procedure of Psychosurgery Review Board
61. Proceedings to be closed to the public
62. Reports of proceedings
63. Secrecy provision
64. Powers of Psychosurgery Review Board
65. Matters as to which Psychosurgery Review Board is to be satisfied
66. Matters to be specified in consent
67. Notice of refusal of consent
68, 69. Repealed
70. Report of performance of psychosurgery
71. Review of psychosurgery

Division 2-Electroconvulsive therapy

72. Electroconvulsive therapy
73. Informed consent required
74. Premises on which electroconvulsive therapy may be
performed
75. Licensing of premises
76. Provisions applying to a licence
77. Renewal of licence
78. Amendment of licence
79. Review of certain decisions by Tribunal
80. Monthly return

Division 3-Restraint and seclusion

81. Mechanical restraint
82. Seclusion of person receiving treatment

Division 4-Non-psychiatric treatment

83. Definitions
84. Informed consent or consent of guardian or authorized psychiatrist required
85. Consent to non-psychiatric treatment by guardian or authorized psychiatrist
86. Repealed

Division 5-Annual examination

87. Annual examination of patients

Division 6-Patient's money

87A. Appointment or employment of senior officer
88. Patients Trust Account
89. Investment
90. Financial management information system
91. Patient's money
92. Repealed
93. Interest

PART 5A-INTERSTATE APPLICATION OF MENTAL HEALTH PROVISIONS

Division 1-Introductory

93A. Definitions
93B. Corresponding laws and orders
93C. Ministerial agreements
93D. Victorian officers may exercise powers under corresponding
laws

Division 2-Interstate transfer of persons and patients

93E. Transfer of persons from this State
93F. Admission of persons from interstate
93G. Transfer of patients from this State
93H. Transfer of patients from interstate

Division 3-Community treatment orders

93I. Extra-territoriality
93J. Interstate officers may perform functions under an
interstate CTO

Division 4-Apprehension of persons absent without leave

93K. Apprehension of persons absent from interstate facilities
93L. Escort of Victorian patients apprehended interstate

PART 5B-INTERSTATE SECURITY PATIENTS
ABSCONDING TO VICTORIA

93M. Definitions
93N. Warrant to arrest interstate security patient who absconds to Victoria
93O. Orders Magistrates' Court may make in respect of interstate security patients
93P. Translated sentence for interstate security patient
93Q. Provisions relating to translated sentences

PART 6-ADMINISTRATION

Division 1-Approved mental health services

94. Proclamation of approved mental health services
94A. Emergency declaration of approved mental health services

Division 2-Staff

95. Appointment of registered medical practitioners
96. Authorized psychiatrist
97. Provision of staff services

Division 3-Community support services

98. Definitions
99. Principles for community support services
100. Appointment of administrator
101-104A Repealed

Division 4-The chief psychiatrist

105. The chief psychiatrist
106. Special powers of chief psychiatrist and authorised officers
106AA. Chief psychiatrist may give directions to psychiatric
services
106AB. Chief psychiatrist may direct admission of involuntary
patient
106AC. Quality assurance committee
106A. Reportable deaths

Division 5-Community visitors

107. Definitions
108. Community visitors
109. Functions of a community visitor
110. Certain persons deemed to be community visitors
111. Visiting of mental health services
112. Powers of inspection
113. Request to see a panel of community visitors
114. Record of visits
115. Reports by community visitors
116. Community (Psychiatric Services) Visitors Board
116A. Annual report of visitors
117. Secrecy provision
117AA. Transitional provision-Community Visitors Legislation (Miscellaneous Amendments) Act 2001.

PART 6A-VICTORIAN INSTITUTE OF FORENSIC MENTAL HEALTH

117A. Definitions
117B. Establishment of Institute
117C. Functions and powers of the Institute
117D. Institute is an approved mental health service
117E. Establishment of Council
117F. Constitution of Council
117G. Resignation and removal
117H. Clinical Director
117I. Chief executive officer
117J. Other staff
117K. Procedure of Council
117L. Validity of acts or decisions
117M. Immunity
117N. Directions
117O. Corporate plan
117P. Statement of corporate intent: contents
117Q. Corporate plan to be followed
117R. Nothing void merely because of non-compliance
117S. Council to give notice of significant events
117T. Reports to Minister
117U. Annual report

PART 7-GENERAL

Division 1-Miscellaneous

118. Board may state special case for the opinion of the Supreme Court
119. Repealed
120. Review of certain decisions by Tribunal
120A. Confidentiality
121. Amendment of documents
122. Immunity from suit
123. Registered medical practitioner to specify facts
124. Recommendation or certificate not to be signed without examination
125. Persons prohibited from signing recommendation or certificate
126. Offences in relation to recommendations or certificates
127. Payment for recommendation
128. Special payments and grants
129. Provisions relating to private patients
130. Contempt of Board or Psychosurgery Review Board
130A. Protection of members, persons and witnesses
131. Costs
132. Giving of notice
133. Hearing not to be invalidated by failure to give notice
134. Judicial notice
135-139 Repealed
140. General penalty
141. Offences by bodies corporate

Division 2-Regulations

142. Regulations

Division 3-Repeals, amendments and transitional

143. Transitional
144. Review of existing patients
145. Protection against breach of trust
146. Transitional provisions-Health Records Act 2001.
147. Transitional provisions-Forensic Health Legislation (Amendment) Act 2002.
148. Transitional provision-Guardianship and Administration (Amendment) Act 2002.
149. Transitional provisions-Mental Health (Amendment) Act 2003.
150. Transitional provision-Sentencing and Mental Health Acts (Amendment) Act 2005.
__________________
SCHEDULE 1-Provisions with respect to members of the Board
1. The President
2. Ordinary members
3. Acting members
4. Removal of President from office
5. General provisions as to members
SCHEDULE 2-Provisions with respect to the procedure of the Board
1. Board to sit in divisions
2. Procedure of divisions
3. Determination of questions of law by divisions
4. Directions as to arrangement of business and procedure
5. Sittings of the Board
5A. Powers of the Board
6. Determination of the Board
7. Power to amend determination
SCHEDULE 3-Provisions with respect to the constitution,
members and procedures of the Psychosurgery Review Board
1. Constitution of Psychosurgery Review Board
2. Nomination of members
3. Alternate members
4. Terms and conditions of office of members and alternate members
5. General provisions as to members and alternate members
6. Procedure of Psychosurgery Review Board
SCHEDULE 4-Repealed
SCHEDULE 5-Provisions with respect to community visitors
1. Community visitors
2. General provisions as to community visitors
6, 7-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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