MENTAL HEALTH ACT 2014 (NO. 26 OF 2014)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 What is mental illness?
- 5 What are the treatment criteria?
- 6 What is treatment?
- 7 What is medical treatment?
- 8 Provision of advice, notification or information under this Act
- 9 Act binds the Crown
PART 2--OBJECTIVES AND MENTAL HEALTH PRINCIPLES
- 10 Objectives
- 11 The mental health principles
PART 3--PROTECTION OF RIGHTS
Division 1--Statement of rights
Division 2--Right to communicate
- 14 Definition
- 15 Right to communicate
- 16 Restriction on right to communicate
- 17 Persons to be notified of restriction on inpatient's right to communicate
- 18 Restriction on right to communicate to be monitored regularly
Division 3--Advance statements
- 19 What is an advance statement?
- 20 Making an advance statement
- 21 Revoking an advance statement
- 22 Advance statement must not be amended
Division 4--Nominated persons
- 23 Role of nominated person
- 24 Nomination of nominated person
- 25 Revocation of nomination
- 26 Revocation of nomination by person who made the nomination
- 27 Nominated person may decline to act as nominated person at any time
PART 4--COMPULSORY PATIENTS
Division 1--Assessment Orders
- 28 What is an Assessment Order?
- 29 Criteria for an Assessment Order
- 30 Making an Assessment Order
- 31 Contents of an Assessment Order
- 32 Information requirements in relation to an Assessment Order
- 33 Person subject to an Inpatient Assessment Order to be taken to a designated mental health service
- 34 Duration of an Assessment Order
- 35 Variation of an Assessment Order
- 36 Assessment of person subject to Assessment Order by authorised psychiatrist
- 37 Revocation or expiry of an Assessment Order
- 38 Treatment during an Assessment Order
Division 2--Court Assessment Orders
- 39 Examination by authorised psychiatrist
- 40 Notification requirements in relation to Court Assessment Orders
- 41 Variation of a Court Assessment Order
- 42 Treatment during Court Assessment Order
- 43 Authorised psychiatrist to provide report to court
- 44 Authorised psychiatrist may make Temporary Treatment Order
Division 3--Temporary Treatment Orders
- 45 What is a Temporary Treatment Order?
- 46 Authorised psychiatrist may make Temporary Treatment Order
- 47 Restriction on who can make Temporary Treatment Order
- 48 Community or Inpatient Temporary Treatment Order?
- 49 Contents of a Temporary Treatment Order
- 50 Information and other requirements in relation to Temporary Treatment Orders
- 51 Duration of a Temporary Treatment Order
Division 4--Treatment Orders
- 52 What is a Treatment Order?
- 53 Tribunal to determine whether to make person subject to Treatment Order
- 54 Authorised psychiatrist may make an application for a Treatment Order
- 55 Making a Treatment Order
- 56 Contents of a Treatment Order
- 57 Duration of a Treatment Order
Division 5--Variation of Temporary Treatment Orders and Treatment Orders
- 58 Variation of Temporary Treatment Orders and Treatment Orders
- 59 Requirements in relation to varied Temporary Treatment Orders and Treatment Orders
Division 6--Revocation and Expiry of Temporary Treatment Orders and Treatment Orders
- 60 Application to Tribunal to revoke Temporary Treatment Order or Treatment Order
- 61 Revocation of Temporary Treatment Order or Treatment Order if treatment criteria do not apply
- 62 Expiry of Temporary Treatment Order or Treatment Order if certain other Orders made
- 63 Notification requirements for expired or revoked Temporary Treatment Orders and Treatment Orders
Division 7--General provisions
- 64 Leave of absence with approval
- 65 Another designated mental health service to provide assessment or treatment—variation by authorised psychiatrist or as directed by chief psychiatrist
- 66 Application for review of direction to vary Order
- 67 Effect of detention in custody on certain Orders
PART 5--TREATMENT
Division 1--Capacity and informed consent
- 68 Capacity to give informed consent under this Act
- 69 Meaning of informed consent
- 70 Presumption that person has capacity to give informed consent
- 71 When a patient does not give consent to treatment
Division 2--Treatment
- 72 Patients to be treated for mental illness
- 73 Circumstances in which patient's preferences in advance statement may be overridden
Division 3--Medical treatment
- 74 Giving informed consent to medical treatment
- 75 Who may consent to medical treatment if patient does not have capacity to give informed consent?
- 76 Matters authorised psychiatrist must take into account if consenting to medical treatment of patient
- 77 Urgent medical treatment
Division 4--Second psychiatric opinions
- 78 Definition
- 79 Right to a second psychiatric opinion
- 80 Who may give a second psychiatric opinion?
- 81 Functions of a psychiatrist giving a second opinion
- 82 Powers of a psychiatrist giving a second psychiatric opinion
- 83 Reasonable assistance must be provided
- 84 Second psychiatric opinion report
- 85 Authorised psychiatrist must assess entitled patient (other than forensic patient) again in specified circumstances
- 86 Authorised psychiatrist must review entitled patient's treatment in specified circumstances
- 87 Application to chief psychiatrist for review of treatment
- 88 Review by chief psychiatrist
- 89 Application for review may be withdrawn
Division 5--Electroconvulsive treatment
- 90 Definition of young person
- 91 Meaning of a course of electroconvulsive treatment
- 92 When may electroconvulsive treatment be performed?
- 93 Application to Tribunal to perform electroconvulsive treatment on a patient who is not a young person
- 94 Application to perform electroconvulsive treatment on a young person
- 95 Listing of electroconvulsive treatment applications by Tribunal
- 96 Powers of Tribunal in respect of electroconvulsive treatment application
- 97 Order approving electroconvulsive treatment
- 98 Electroconvulsive treatment must not be performed in certain circumstances
- 99 Use of electroconvulsive treatment to be reported to chief psychiatrist
Division 6--Neurosurgery for mental illness
- 100 Psychiatrist may apply to Tribunal for approval to perform neurosurgery for mental illness
- 101 Listing of application to perform neurosurgery for mental illness
- 102 Powers of Tribunal in respect of application for neurosurgery for mental illness
- 103 Notice of decision
- 104 Report to chief psychiatrist
PART 6--RESTRICTIVE INTERVENTIONS
Division 1--General
- 105 When may a restrictive intervention be used?
- 106 Facilities and supplies to be provided to person
- 107 Notification of use of restrictive intervention
- 108 Use of restrictive intervention to be reported to chief psychiatrist
- 109 Release from restrictive intervention
Division 2--Seclusion
- 110 When may seclusion be used?
- 111 Use of seclusion to be authorised
- 112 Monitoring of person in seclusion
Division 3--Bodily restraint
- 113 When may a bodily restraint be used?
- 114 Use of bodily restraint to be authorised
- 115 Urgent use of bodily restraint without authorisation
- 116 Monitoring of person on whom a bodily restraint is used
PART 7--ADMINISTRATION
Division 1--The Secretary
Division 2--The chief psychiatrist
- 119 The chief psychiatrist
- 120 The role of the chief psychiatrist
- 121 Functions of the chief psychiatrist
- 122 Investigations by chief psychiatrist
- 123 Powers of entry
- 124 Power to give written direction to persons to produce documents or answer questions
- 125 Member of staff of mental health service provider to give any reasonable assistance
- 126 Report and recommendations following investigation by chief psychiatrist
- 127 Report and response to be given to the Secretary
- 128 Publication and response
- 129 Chief psychiatrist may give written directions to mental health service providers
- 130 Chief psychiatrist may conduct clinical reviews
- 131 Chief psychiatrist to give notice of intention to conduct clinical review
- 132 Clinical review reports and recommendations
- 133 Standards, guidelines or practice directions to address systemic issues identified in clinical review
- 134 Chief psychiatrist may conduct clinical practice audit
- 135 Chief psychiatrist must make record
- 136 Reports
- 137 Reports to be given to the Secretary
- 138 Publication of report
- 139 Standards, guidelines or practice directions to address systemic issues identified in clinical practice audit
- 140 Confidentiality obligations applying in respect of information from clinical practice audit or clinical review
- 141 Confidentiality of documents
- 142 Provision of staff
- 143 Contractors
- 144 Power of chief psychiatrist to delegate
- 145 Reports submitted by the chief psychiatrist
Division 3--Authorised officers
- 146 Chief psychiatrist may appoint authorised officers
- 147 Identity cards
- 148 Production of identity card
Division 4--Designated mental health services
- 149 Emergency declaration of designated mental health services
- 150 Appointment of authorised psychiatrist
- 151 Authorised psychiatrist may delegate powers and functions
PART 8--MENTAL HEALTH TRIBUNAL
Division 1--Establishment of the Mental Health Tribunal
- 152 Establishment of the Mental Health Tribunal
- 153 Functions of the Tribunal
- 154 General powers of the Tribunal
- 155 Protection of members, persons and witnesses
Division 2--Membership of the Tribunal
- 156 Membership
- 157 President
- 158 Deputy President
- 159 Senior members and ordinary members
- 160 Legal members
- 161 Psychiatrist members
- 162 Registered medical practitioner members
- 163 Community members
- 164 Appointments to act as President or Deputy President
- 165 Remuneration and allowances
- 166 Public Administration Act 2004 does not apply to members
- 167 Resignation
- 168 Suspension
- 169 Investigation
- 170 Vacation and removal from office
Division 3--Administration
- 171 Employment of staff
- 172 Functions of principal registrar
- 173 Functions of registrars
- 174 Delegation
- 175 Secrecy
- 176 Register of proceedings
- 177 Annual report of the Tribunal
Division 4--Tribunal divisions
Division 5--Procedure of the Tribunal
- 181 General procedure
- 182 Who are the parties to a proceeding?
- 183 Joinder of parties
- 184 Appearance and representation at hearing
- 185 Interpreters
- 186 Form and content of applications to the Tribunal
- 187 Principal registrar may reject certain applications
- 188 Withdrawal of proceedings
- 189 Notice of hearing
- 190 Multiple matters in respect of one person may be held concurrently
- 191 Access to documents
- 192 Adjournment of certain hearings only in exceptional circumstances
- 193 Hearings to be closed to the public
- 194 Details of person not to be published without consent of President
- 195 Determination of proceedings
- 196 Questions of law
- 197 Referral of question of law to Court
- 198 Requesting a statement of reasons
- 199 Correction of Order or statement of reasons
- 200 Validity of proceedings
- 201 Review by VCAT
- 202 Use of experts
- 203 Witness summons
- 204 Failure to comply with summons
- 205 False or misleading information
- 206 Contempt of the Tribunal
Division 6--Rules Committee
- 207 Establishment of Rules Committee
- 208 Functions of the Rules Committee
- 209 Power to make rules and issue practice notes
- 210 Membership of the Rules Committee
- 211 Meeting procedure
- 212 Validity of decisions
PART 9--COMMUNITY VISITORS
- 213 Definition
- 214 Appointment of community visitors
- 215 General provisions as to community visitors
- 216 Functions of a community visitor
- 217 Powers of community visitors
- 218 When may community visitors visit prescribed premises?
- 219 Request to see a community visitor
- 220 Reasonable assistance to be given to community visitors
- 221 Community Visitors Mental Health Board
- 222 Matter may be referred
- 223 Reports by community visitors
- 224 Annual report of Community Visitors Mental Health Board
- 225 Secrecy provision
PART 10--COMPLAINTS
Division 1--The Mental Health Complaints Commissioner
- 226 Mental Health Complaints Commissioner
- 227 Vacation of office
- 228 Functions of the Commissioner
- 229 Powers of the Commissioner
- 230 Provision of staff and contractors
- 231 Protection from liability
Division 2--Complaints management by the Commissioner
- 232 Making a complaint to the Commissioner
- 233 Referred complaints
- 234 Grounds for making a complaint
- 235 How to make a complaint
- 236 Time by when complaint to be made
- 237 Withdrawal of complaint
- 238 Preliminary assessment of complaint
- 239 Information relating to complaint to be provided
- 240 Circumstances in which Commissioner may close a complaint
- 241 Notice of complaint closure
- 242 Referring a complaint with or without consent
- 243 Commissioner may accept complaints and undertakings
Division 3--Conciliation
- 244 Conciliation process
- 245 Parties may be represented at conciliation
- 246 Discontinuation of conciliation
- 247 Conciliation outcome
- 248 Conciliation agreements
- 249 Secrecy
Division 4--Investigations
- 250 Identity cards for investigators
- 251 Identity cards to be produced by investigators
- 252 Investigation of a complaint
- 253 Notice of investigation
- 254 Power of entry
- 255 Powers to compel attendance and call for evidence and documents
- 256 Restrictions on powers
- 257 Report of findings following investigation
- 258 Mental health service provider response to report
- 259 Publication of report
Division 5--Compliance notices
- 260 Compliance notice
- 261 Application for review—compliance notice
- 262 Offence not to comply with compliance notice
Division 6--General
- 263 Requirement to provide reasonable assistance to Commissioner
- 264 Person not to be penalised because of complaining to Commissioner
- 265 Secrecy
- 266 Local complaint mechanisms to be established by mental health service providers
- 267 Mental health service providers to report on complaints
- 268 Annual report of the Commissioner
PART 11--SECURITY PATIENTS
Division 1--Preliminary
- 269 Construction of references
Division 2--Court Secure Treatment Orders
- 270 Taking person subject to a Court Secure Treatment Order from prison to designated mental health service
- 271 Notification of receipt of security patient subject to a Court Secure Treatment Order
- 272 Application to Tribunal in relation to security patient subject to Court Secure Treatment Order
- 273 Tribunal hearing in relation to Court Secure Treatment Order
- 274 Discharge of person subject to a Court Secure Treatment Order
Division 3--Secure Treatment Order
- 275 What is a Secure Treatment Order?
- 276 Making a Secure Treatment Order
- 277 Notification of receipt of security patient subject to a Secure Treatment Order
- 278 Application for revocation of Secure Treatment Order
- 279 Tribunal hearing in relation to Secure Treatment Order
- 280 Discharge of person subject to a Secure Treatment Order
Division 4--Leave of absence
- 281 Grant of leave of absence
- 282 Revocation of leave of absence
- 283 Notification requirements for leave of absence
- 284 Application to Tribunal
Division 5--Monitored leave
- 285 Monitored leave application and grant
- 286 Monitored leave conditions, duration and variation
- 287 Matters to take into account
- 288 Applicant profiles and leave plans for monitored leave
- 289 Revocation of monitored leave
- 290 Notification requirements for monitored leave
Division 6--Taking security patients to another designated mental health service
- 291 Authorised psychiatrist may direct security patient to be taken to another designated mental health service
- 292 Chief psychiatrist may direct security patient to be taken to another designated mental health service
- 293 Role of authorised psychiatrist in taking security patient to another designated mental health service
- 294 Application to Tribunal for review of direction to take security patient to another designated mental health service
Division 7--General security patient matters
- 295 Cessation of security patient status
- 296 Security conditions
- 297 Notification and directions following discharge of security patient subject to Court Secure Treatment Order or Secure Treatment Order
- 298 Custody of security patients
- 299 Warrant to arrest security patient absent without leave who leaves Victoria
Division 8--Interstate security patients
- 300 Definitions
- 301 Warrant to arrest interstate security patient who absconds to Victoria
- 302 Orders that Magistrates' Court may make in respect of interstate security patients
- 303 Translated sentence for interstate security patient
- 304 Provisions relating to translated sentences
PART 12--FORENSIC PATIENTS
- 305 Definition
- 306 Persons detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 taken to designated mental health service
- 307 Authorised psychiatrist may direct taking forensic patient to another designated mental health service
- 308 Chief psychiatrist may direct forensic patient to be taken to another designated mental health service
- 309 Role of authorised psychiatrist in transferring forensic patient
- 310 Application to Forensic Leave Panel for review of decision to take forensic patient to another designated mental health service
- 311 Security conditions
- 312 Leave of absence for forensic patient
PART 13--INTERSTATE APPLICATION OF MENTAL HEALTH PROVISIONS
Division 1--General
- 313 Definitions
- 314 Corresponding laws and Orders
- 315 Ministerial agreements
- 316 Victorian officers may exercise powers under corresponding laws
- 317 Interstate officers may perform functions or exercise powers in Victoria
Division 2--Operation of Victorian Orders interstate and corresponding orders in Victoria
- 318 Taking person from Victoria to interstate mental health facility for assessment
- 319 Taking person from interstate to Victoria for assessment
- 320 Transfer of responsibility for treatment of person to interstate mental health facility—with person's consent
- 321 Transfer of responsibility for treatment of person to interstate mental health facility—without person's consent
- 322 Taking person to interstate mental health facility—with person's consent
- 323 Taking person to interstate mental health facility—without person's consent
- 324 Person subject to interstate compulsory order taken to Victoria to determine suitability for Temporary Treatment Order
- 325 Interstate application of Victorian Orders
Division 3--Persons absent without leave
- 326 Apprehension of persons absent without leave from interstate facilities
- 327 Persons absent without leave from designated mental health service
PART 14--VICTORIAN INSTITUTE OF FORENSIC MENTAL HEALTH
Division 1--Preliminary
- 328 Victorian Institute of Forensic Mental Health
- 329 Trading name
- 330 Functions of the Institute
- 331 Powers of the Institute
Division 2--Board of directors
- 332 Board of directors
- 333 Constitution of board of directors
- 334 Appointment of directors
- 335 Terms and conditions of appointment of directors
- 336 Resignation and removal
- 337 Protection from liability
- 338 Validity of acts or decisions
- 339 Procedure of board of directors
Division 3--General
- 340 Chief executive officer
- 341 Institute may employ persons
- 342 Minister may issue directions
- 343 Strategic plan
- 344 Statement of priorities
- 345 Board of directors to give notice of significant events
PART 15--GENERAL
Division 1--Disclosure of health information
- 346 Disclosure of health information
- 347 Information from electronic health information system
Division 2--Notification of reportable deaths
- 348 Chief psychiatrist to be notified of reportable deaths
- 349 Notification of death of security patient or forensic patient
Division 3--Powers of transfer, apprehension, entry, search and seizure
- 350 Bodily restraint and sedation may be used when taking person
- 351 Apprehension of person by police
- 352 Apprehension of person absent without leave
- 353 Power to enter premises, apprehend and take person to a designated mental health service
- 354 Search powers
- 355 Preservation of privacy and dignity during search
- 356 Power to seize and detain things
Division 4--General provisions
- 357 Payment for examination
- 358 Offence to give false or misleading information
- 359 Destroying or damaging records
- 360 Protection against self-incrimination
- 361 Validity of order if there is an error
- 362 Power to bring proceedings
- 363 Defect in appointment or delegation
- 364 Conflict of interest
- 365 Service of documents
Division 5--Codes of Practice
- 366 Purpose of Codes of Practice
- 367 Making of Codes of Practice
- 368 Commencement and availability of Codes of Practice
- 369 Power to apply, adopt or incorporate
Division 6--Regulations
- 370 Regulations
- 371 Fees
- 372 Transitional regulations
PART 16--REPEAL OF MENTAL HEALTH ACT 1986, SAVINGS AND TRANSITIONAL PROVISIONS
- 373 Definitions
- 374 Mental Health Act 1986 repealed
- 375 Request and recommendation for involuntary treatment—section 9 of 1986 Act
- 376 Authority to transport—section 9A of the 1986 Act
- 377 Transfers and apprehensions
- 378 Involuntary treatment order not confirmed—section 12 of the 1986 Act
- 379 Involuntary treatment order not confirmed—section 12AA of the 1986 Act
- 380 Involuntary treatment order not reviewed—section 12AC of the 1986 Act
- 381 Continued detention and treatment of involuntary patient—sections 12A, 12C and 12D
- 382 Community treatment order—section 14 of the 1986 Act—no review by Board
- 383 Community treatment order—section 14—review and confirmation by Board
- 384 Restricted community treatment order—section 15A of the 1986 Act
- 385 Hospital transfer order and restricted hospital transfer order—section 16
- 386 Transfer of person detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
- 387 Appeals, reviews, proceedings and determinations
- 388 Secrecy provisions
- 389 Transfer of involuntary patient to another approved mental health service
- 390 Leave of absence
- 391 Discharge after absence
- 392 Apprehension of involuntary patient absent without leave
- 393 Transfer of security patient to another approved mental health service
- 394 Involuntary treatment order reviewed and confirmed by Board—section 36 of the 1986 Act
- 395 Leave of absence for security patients granted under section 51 of 1986 Act
- 396 Special leave of absence for security patients granted under section 52 of 1986 Act
- 397 Apprehension of security patient absent without leave under section 53 of 1986 Act
- 398 Transfer of forensic patient to another approved mental health service
- 399 Apprehension of forensic patient absent without leave under section 53AD of 1986 Act
- 400 Psychosurgery
- 401 Electroconvulsive therapy
- 402 Restraint and seclusion
- 403 Urgent non-psychiatric treatment
- 404 Corresponding laws and orders
- 405 Ministerial agreements
- 406 Transfer of persons from this State
- 407 Admission of persons from interstate
- 408 Transfer of patients from this State
- 409 Transfer of patients from interstate
- 410 Apprehension of person absent from interstate facilities
- 411 Escort of Victorian patients apprehended interstate
- 412 Warrant to arrest interstate security patient who absconds to Victoria
- 413 Orders Magistrates' Court may make in respect of interstate security patients
- 414 Translated sentence for interstate security patient
- 415 Emergency declaration of approved mental health services
- 416 Authorized psychiatrist
- 417 Provision of staff services
- 418 Chief psychiatrist
- 419 Authorised officers
- 420 Reportable deaths
- 421 Community visitors
- 422 Victorian Institute of Forensic Mental Health
- 423 Review of certain decision by VCAT
- 424 Payment for recommendation
- 425 Constitution of the Mental Health Tribunal
- 426 President and members of the Mental Health Review Board
- 427 Psychosurgery Review Board
- 428 Repeal of spent provisions
PART 17--AMENDMENTS TO THE SENTENCING ACT 1991, THE CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 AND OTHER ACTS
Division 1--Sentencing Act 1991
- 429 Definitions
- 430 Sentences
- 431 Time held in custody before trial etc. to be deducted from sentence
- 432 Indefinite sentence
- 433 Court Secure Treatment Orders
- 434 Time held in custody before trial etc. to be deducted from sentence
- 435 Part 5 of the Sentencing Act 1991 substituted
Division 2--Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
- 436 Definitions
- 437 Supervision orders
- 438 Warrant to arrest person subject to custodial supervision order who leaves Victoria
- 439 Reports on mental condition of persons declared liable to supervision
- 440 Certificate of available services
- 441 Special leave
- 442 What are the surrounds?
- 443 Granting of on-ground or limited off-ground leave
- 444 Applicant profile
- 445 Leave plan or statement
- 446 Granting of extended leave
- 447 Leave plan for extended leave
- 448 Suspension and revocation of extended leave
- 449 Appointment of people to assist the Panel
- 450 Transfer of persons from a participating State to Victoria
- 451 Warrant to arrest person who absconds to Victoria
- 452 Interim disposition order
- 453 New Part 7C inserted
- 454 Transitional provision
Division 3--Amendments to other Acts
- 455 Consequential and other amendments to other Acts
- 456 Amendments consequential on Victoria Police Act 2013
- 457 Amendments consequential on Legal Profession Uniform Law Application Act 2014