Australian Capital Territory Bills Australian Capital Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Mental Health)
Contents
Page
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Mental Health)
Mental Health Amendment Bill 2023
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Mental Health Amendment Act 2023
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
4 Contravention of mental health
order
Section 77 (2)
substitute
(2) The relevant official for the order or a mental health officer may take action to tell the person that failure to comply with the order may result in the person being apprehended and taken to an approved mental health facility or approved community care facility for treatment, care or support.
(2A) Action under subsection (2) must—
(a) be taken within 7 days of the contravention; and
(b) involve the taking of all reasonable steps to tell the person the information mentioned in subsection (2).
(2B) If the noncompliance continues after the taking of action under subsection (2), the relevant official or mental health officer may require the person to be detained at an approved mental health facility or approved community care facility to ensure compliance with the order.
Note The chief psychiatrist may make a determination requiring a person to be taken to a place for treatment, care or support (see s 62 (Role of chief psychiatrist—psychiatric treatment order)).
omit
For subsection (2), a person complies with an order, if—
substitute
A person is taken to have complied with an order after the relevant official or mental health officer has taken action under subsection (2) if—
after
official
insert
or mental health officer
omit
subsection (2) (c)
substitute
subsection (2B)
omit
requires the detention of a person under subsection (2) (c), the relevant official
substitute
or mental health officer requires the detention of a person under subsection (2B), the relevant official or the mental health officer
omit
and take the person to an approved mental health facility
insert
(2A) A person apprehended under subsection (1) may be taken to an approved mental health facility by—
(a) the police officer or authorised ambulance paramedic who apprehended the person; or
(b) at the request of the police officer or authorised ambulance paramedic who apprehended the person—another police officer or authorised ambulance paramedic.
omit
and take the person to an approved mental health facility
insert
(3A) A person apprehended under subsection (3) may be taken to an approved mental health facility by—
(a) the doctor or mental health officer who apprehended the person; or
(b) at the request of the doctor or mental health officer who apprehended the person—
(i) another doctor or mental health officer; or
(ii) a police officer; or
(iii) an authorised ambulance paramedic.
13 Contravention of forensic mental
health order
Section 124 (2)
substitute
(2) The relevant official for the order or a mental health officer may take action to tell the person that failure to comply with the order may result in the person being apprehended and taken to a relevant facility for treatment, care or support.
(2A) Action taken under subsection (2) must—
(a) be taken within 7 days of the contravention; and
(b) involve the taking of all reasonable steps to tell the person the information mentioned in subsection (2).
(2B) If the noncompliance continues after the taking of action under subsection (2), the relevant official or mental health officer may require the person to be detained at a relevant facility for treatment, care or support.
omit
subsection (2) (c)
substitute
subsection (2B)
after
official
insert
or mental health officer
16 Contravention of forensic mental
health order—absconding from facility
Section 125 (5)
after
official
insert
for the order
17 Review of detention under court
order
New section 180 (3) (f)
insert
(f) any information the chief psychiatrist or director-general has given to the ACAT about the treatment, care or support the person requires, including that the person be admitted to a particular approved mental health facility or approved community care facility.
18 Sections 180 (4) and 182 (5)
omit
stated mental health order or forensic mental health order
substitute
particular mental health order or forensic mental health order as in force from time to time
19 Mental health
officers
Section 201 (1)
omit
Minister
substitute
chief psychiatrist
substitute
Note For laws about appointments, see the Legislation Act
, pt 19.3.
insert
Chapter 20 Transitional—Mental Health Amendment Act 2023
300 Meaning of commencement day—ch 20
In this chapter—
commencement day means the day the Mental Health Amendment Act 2023, section 3 commences.
301 Contravention of mental health order before commencement day
(1) This section applies if—
(a) a person contravened a mental health order in force immediately before the commencement day in relation to the person; and
(b) section 78 (Contravention of mental health order—absconding from facility) does not apply to the contravention; and
(c) the relevant official for the order did not take action under section 77 (2) as in force immediately before the commencement day in relation to the contravention.
(2) Section 77 applies in relation to the contravention.
302 Contravention of forensic mental health order before commencement day
(1) This section applies if—
(a) a person contravened a forensic mental health order in force immediately before the commencement day in relation to the person; and
(b) section 125 (Contravention of forensic mental health order—absconding from facility) does not apply to the contravention; and
(c) the relevant official for the order did not take action under section 124 (2) as in force immediately before the commencement day in relation to the contravention.
(2) Section 124 applies in relation to the contravention.
303 ACAT order not made before commencement day
(1) This section applies if—
(a) the ACAT was required to review a person’s detention and consider the person’s release under section 180 (2) as in force immediately before the commencement day; and
(b) the ACAT did not make an order in relation to the person.
(2) Section 180 applies in relation to the ACAT’s review of the person’s detention and consideration of the person’s release.
304 Expiry—ch 20
This chapter expires 2 years after the commencement day.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
22 Dictionary, new definition of restraint
insert
restraint does not include the use of a spit hood.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 21 September 2023.
2 Notification
Notified under the
on 2023.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2023
[Index] [Search] [Download] [Related Items] [Help]