Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 3

Definitions

3. Definitions



(1) In this Act-





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approved mental health service means premises or a service-

   (a)  proclaimed to be an approved mental health service under section 94,
        including the Victorian Institute of Forensic Mental Health; or

   (b)  declared to be an approved mental health service under section 94A;



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assessment order means an order made under section 90 of the
Sentencing Act 1991;

authority to transport means an authority to transport under section 9A(1)(c);



authorized psychiatrist means the person appointed as authorized psychiatrist
under section 96;

Board means the Mental Health Review Board established under section 21;





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chief psychiatrist means the person appointed as chief psychiatrist under
section 105;

community treatment order means an order made under section 14;







community visitor means a community visitor appointed under section 108;
Correctional Services Commissioner means the Commissioner referred to in
section 8A of the Corrections Act 1986;



Department means the Department of Human Services;



determination in relation to the Board, includes order, direction, consent,
advice and approval; diagnosis, assessment and treatment order means an order
made under section 91 of the Sentencing Act 1991;



executive officer means the executive officer of the Board appointed under
section 23;

forensic patient means-

   (a)  a person-

   (i)  remanded in custody in an approved mental health service; or

   (ii) committed to custody in an approved mental health service by a
        supervision order- under the Crimes (Mental Impairment and Unfitness
        to be Tried) Act 1997; or

   (ab) a person detained in an approved mental health service under section
        30(2) or 30A(3) of the Crimes (Mental Impairment and Unfitness to be
        Tried) Act 1997; or

   (ac) a person deemed to be a forensic patient by section 73E(4) or 73K(8)
        of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
        or

   (ad) a person detained in an approved mental health service under
        section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth; or

   (b)  a person transferred from a prison to an approved mental health
        service under section 17;

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hospital security order means-

   (a)  an order made under section 93A of the Sentencing Act 1991; or

   (b)  an order made under section 16A of this Act;

hospital transfer order means an order made under section 16(3)(a);



informed consent, for the purposes of Part 5, has the meaning given in section
53B;

involuntary patient means-

   (a)  a person who is subject to an involuntary treatment order (including a
        person who is subject to a community treatment order); or

   (b)  a person who is subject to a restricted involuntary treatment order
        (including a person who is subject to a restricted community treatment
        order); or

   (c)  a person who is subject to an assessment order or a diagnosis,
        assessment and treatment order; or

   (d)  a person who is subject to a hospital transfer order; or

   (e)  a person whose detention and treatment is continued under section
        12A(4) or 12C; or

   (f)  a person to whom section 93F, 93H or 93K(5) applies; involuntary
        treatment order means an order made under section 12 or 12AA;



licence means a licence issued under section 75;

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mental disorder includes mental illness;



mental illness has the meaning given in section 8;



Panel means Forensic Leave Panel established under section 59 of the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997;

patient means-

   (a)  a forensic patient; or

   (b)  an involuntary patient; or

   (c)  a security patient;

prescribed means prescribed by the regulations;

President means the President of the Board appointed under section 21;

primary carer means any person who is primarily responsible for providing
support or care to a person other than wholly or substantially on a commercial
basis;

private hospital has the same meaning as in the Health Services Act 1988;



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Psychosurgery Review Board means the Psychosurgery Review Board established
under section 56;

Public Advocate means the Public Advocate appointed under the
Guardianship and Administration Act 1986;





registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005;





registered nurse means a nurse whose name is included in division 1 or 3 of
the register of nurses kept under the
Health Professions Registration Act 2005;



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request and recommendation means a request and recommendation under section 9;

restricted community treatment order means an order made under section 15A;

restricted hospital transfer order means an order made under section 16(3)(b);



restricted involuntary treatment order means an order made under section 93 of
the Sentencing Act 1991;



Secretary means-

   (a)  in relation to any act to which section 6(3) of the Health Act 1958
        applies, the body corporate established under section 6 of that Act;

   (b)  in any other case, the Secretary to the Department; security patient
        means-

   (a)  a person detained in an approved mental health service under a
        hospital security order or a restricted hospital transfer order; or

   (b)  a person detained in an approved mental health service while serving a
        sentence of imprisonment within the meaning of the
        International Transfer of Prisoners Act 1997 of the Commonwealth-
        including a person who is on leave of absence or special leave of
        absence or is absent without leave;

senior available next of kin has the same meaning as in the
Human Tissue Act 1982;





senior officer, in relation to an approved mental health service, means the
person appointed as the senior officer of that service under section 87A;

treatment, in relation to a mental disorder, means things done in the course
of the exercise of professional skills to-

   (a)  remedy the mental disorder; or

   (b)  lessen its ill effects or the pain and suffering which it causes;
        treatment plan for a patient, means the patient's treatment plan under
        section 19A;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

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(2) If under the Public Administration Act 2004 the name of the Department of
Human Services is changed, the reference in the definition of Department in
subsection (1) to that Department must, from the date when the name is
changed, be treated as a reference to the Department by its new name.