Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   4.      Offences against Act—application of Criminal Code etc  

CHAPTER 2--OBJECTS AND IMPORTANT CONCEPTS

   5.      Objects of Act  
   6.      Principles applying to Act  
   7.      Meaning of decision-making capacity  
   8.      Principles of decision-making capacity  
   9.      Meaning of mental disorder  
   10.     Meaning of mental illness  
   11.     People not to be regarded as having mental disorder or mental  
   12.     Meaning of carer  
   13.     Proceedings relating to children  

CHAPTER 3--RIGHTS OF PEOPLE WITH MENTAL DISORDER OR MENTAL ILLNESS

   PART 3.1--RIGHTS IN RELATION TO INFORMATION AND COMMUNICATION

   14.     Meaning of responsible person—pt 3.1  
   15.     Information to be given to people  
   16.     Information to be available at facilities  
   17.     Communication  
   18.     Failure by owner of facility to comply with pt 3.1  

   PART 3.2--NOMINATED PEOPLE

   19.     Nominated person  
   20.     Nominated person—functions  
   21.     Nominated person—obligations of person in charge of facility  
   22.     Nominated person—end of nomination  
   23.     Nominated person—protection from liability  

   PART 3.3--ADVANCE AGREEMENTS AND ADVANCE CONSENT DIRECTIONS

   24.     Definitions—pt 3.3  
   25.     Rights in relation to advance agreements and advance consent  
   26.     Entering into advance agreement  
   27.     Making advance consent direction  
   28.     Giving treatment etc under advance agreement or advance consent  
   29.     Ending advance agreement or advance consent direction  
   30.     Effect of advance agreement and advance consent direction on guardian with authority to  
   31.     Effect of advance agreement and advance consent direction on attorney with power to  
   32.     Effect of health direction on previous advance consent direction  

CHAPTER 4--ASSESSMENTS

   PART 4.1--APPLICATIONS FOR ASSESSMENT ORDERS

   33.     Applications by people with mental disorder or mental illness—assessment  
   34.     Applications by other people—assessment order  
   35.     Applications by referring officers—assessment order  
   36.     Applicant and referring officer to tell ACAT of risks—assessment  

   PART 4.2--ASSESSMENT ORDERS

   37.     Assessment order  
   38.     Consent for assessment order  
   39.     Emergency assessment order  
   40.     Content and effect of assessment order  
   41.     Public advocate to be told about assessment order  
   42.     Time for conducting assessment  
   43.     Removal order to conduct assessment  
   44.     Executing removal order  
   45.     Contact with others  
   46.     Public advocate and lawyer to have access  
   47.     Person to be assessed to be told about order  
   48.     Copy of assessment  
   49.     Notice of outcome of assessment  

CHAPTER 5--MENTAL HEALTH ORDERS

   PART 5.1--PRELIMINARY

   50.     Definitions—ch 5  

   PART 5.2--APPLICATIONS FOR MENTAL HEALTH ORDERS

   51.     Applications for mental health orders  
   52.     Applicant to tell ACAT of risks  

   PART 5.3--MAKING OF MENTAL HEALTH ORDERS--PRELIMINARY MATTERS

   53.     ACAT must consider assessment—mental health order  
   54.     Consultation by ACAT—mental health order  
   55.     ACAT must hold hearing—mental health order  
   56.     What ACAT must take into account—mental health order  
   57.     ACAT must not order particular treatment, care or support—mental health  

   PART 5.4--PSYCHIATRIC TREATMENT ORDERS

   58.     Psychiatric treatment order  
   59.     Content of psychiatric treatment order  
   60.     Criteria for making restriction order with psychiatric treatment  
   61.     Content of restriction order made with psychiatric treatment order  
   62.     Role of chief psychiatrist—psychiatric treatment order  
   63.     Treatment etc to be explained—psychiatric treatment order  
   64.     Action if psychiatric treatment order no longer appropriate—no longer person in  
   65.     Powers in relation to psychiatric treatment order  

   PART 5.5--COMMUNITY CARE ORDERS

   66.     Community care order  
   67.     Content of community care order  
   68.     Criteria for making restriction order with community care order  
   69.     Content of restriction order made with community care order etc  
   70.     Role of care coordinator—community care order  
   71.     Treatment etc to be explained—community care order  
   72.     Action if community care order no longer appropriate—no longer person in relation  
   73.     Powers in relation to community care order  

   PART 5.6--LIMITS ON COMMUNICATION UNDER MENTAL HEALTH ORDERS

   74.     Limits on communication—mental health order  
   75.     Offence—limits on communication—mental health order  

   PART 5.7--DURATION, CONTRAVENTION AND REVIEW OF MENTAL HEALTH ORDERS

   76.     Duration of mental health orders  
   77.     Contravention of mental health order  
   78.     Contravention of mental health order—absconding from facility  
   79.     Review of mental health order  

CHAPTER 6--EMERGENCY DETENTION

   80.     Apprehension  
   81.     Detention at approved mental health facility  
   82.     Copy of court order  
   83.     Statement of action taken  
   84.     Initial examination at approved mental health facility  
   85.     Authorisation of involuntary detention  
   86.     Medical examination of detained person  
   87.     Notification of Magistrates Court about emergency detention or release from emergency  
   88.     Treatment during detention  
   89.     Notification of certain people about detention  
   90.     Offence—communication during detention  
   91.     Order for release  
   92.     Duty to release  

CHAPTER 7--FORENSIC MENTAL HEALTH

   PART 7.1--FORENSIC MENTAL HEALTH ORDERS

           Division 7.1.1--Preliminary

   93.     Definitions—pt 7.1  

           Division 7.1.2--Application for forensic mental health orders

   94.     Applications for forensic mental health orders—detainees etc  
   95.     Relevant person to tell ACAT of risks  

           Division 7.1.3--Making forensic mental health orders—preliminary matters

   96.     ACAT must consider assessment—forensic mental health order  
   97.     Consultation by ACAT—forensic mental health order  
   98.     ACAT must hold hearing—forensic mental health order  
   99.     What ACAT must take into account—forensic mental health  
   100.    ACAT must not order particular treatment, care or support—forensic mental  

           Division 7.1.4--Forensic psychiatric treatment orders

   101.    Forensic psychiatric treatment order  
   102.    Content of forensic psychiatric treatment order  
   103.    Role of chief psychiatrist—forensic psychiatric treatment  
   104.    Treatment etc to be explained—forensic psychiatric treatment  
   105.    Action if forensic psychiatric treatment order no longer appropriate—no longer  
   106.    Action if forensic psychiatric treatment order no longer appropriate—no longer  
   107.    Powers in relation to forensic psychiatric treatment order  

           Division 7.1.5--Forensic community care orders

   108.    Forensic community care order  
   109.    Content of forensic community care order  
   110.    Role of care coordinator—forensic community care order  
   111.    Treatment etc to be explained—forensic community care order  
   112.    Action if forensic community care order no longer appropriate—no longer person in  
   113.    Action if forensic community care order no longer appropriate—no longer necessary  
   114.    Powers in relation to forensic community care order  

           Division 7.1.6--Limits on communication under forensic mental health orders

   115.    Limits on communication—forensic mental health order  
   116.    Offence—limits on communication—forensic mental health order  

           Division 7.1.7--Duration of forensic mental health orders

   117.    Duration of forensic mental health orders  

           Division 7.1.8--Leave for detained people

   118.    Meaning of corrections order—div 7.1.8  
   119.    Grant of leave for person detained by ACAT  
   120.    Revocation of leave granted by ACAT  
   121.    Grant of leave for person detained by relevant official  
   122.    Leave in emergency or special circumstances  
   123.    Revocation of leave granted by relevant official  

           Division 7.1.9--Contravention and review of forensic mental health orders

   124.    Contravention of forensic mental health order  
   125.    Contravention of forensic mental health order—absconding from  
   126.    Review of forensic mental health order  

   PART 7.2--AFFECTED PEOPLE

   127.    Definitions—pt 7.2  
   128.    Meaning of affected person  
   129.    Meaning of registered affected person  
   130.    Affected person register  
   131.    Notifying people about the affected person register  
   132.    Including person in affected person register  
   133.    Removing person from affected person register  
   134.    Disclosures to registered affected people  

CHAPTER 8--CORRECTIONAL PATIENTS

   PART 8.1--PRELIMINARY

   135.    Meaning of correctional patient  

   PART 8.2--TRANSFER OF CORRECTIONAL PATIENTS

   136.    Transfer to mental health facility  
   137.    Return to correctional centre or detention place unless direction to  
   138.    Release etc on change of status of correctional patient  
   139.    ACAT may return people to correctional centre or detention place  

   PART 8.3--REVIEW OF CORRECTIONAL PATIENTS

   140.    Review of correctional patient awaiting transfer to mental health  
   141.    Review of correctional patient transferred to mental health  
   142.    Review of correctional patient detained at mental health facility  

   PART 8.4--LEAVE FOR CORRECTIONAL PATIENTS

   142A.   Definitions—pt 8.4  
   143.    Grant of leave for correctional patients  
   144.    Revocation of leave for correctional patients  

CHAPTER 8A--TRANSFER OF CUSTODY—SECURE MENTAL HEALTH FACILITY

   144A.   Transfer of custody if person admitted to secure mental health  
   144B.   Taking person to appear before court  
   144C.   Release etc on change of status of person  
   144D.   Power to apprehend if person escapes from secure mental health  
   144E.   Transfers to health facilities  
   144F.   Escort officers  
   144G.   Crimes Act escape provisions  

CHAPTER 9--ELECTROCONVULSIVE THERAPY AND PSYCHIATRIC SURGERY

   PART 9.1--PRELIMINARY--CH 9

   145.    Definitions  
   146.    Form of consent  

   PART 9.2--ELECTROCONVULSIVE THERAPY

           Division 9.2.1--Administration of electroconvulsive therapy

   147.    When electroconvulsive therapy may be administered  
   148.    Adult with decision-making capacity  
   149.    Adult without decision-making capacity  
   150.    Young person with decision-making capacity  
   151.    Young person without decision-making capacity  
   152.    Offence—unauthorised administration of electroconvulsive therapy  

           Division 9.2.2--Electroconvulsive therapy orders

   153.    Application for electroconvulsive therapy order  
   154.    Consultation by ACAT—electroconvulsive therapy order  
   155.    ACAT must hold hearing—electroconvulsive therapy order  
   156.    What ACAT must take into account—electroconvulsive therapy  
   157.    Making of electroconvulsive therapy order  
   158.    Content of electroconvulsive therapy order  
   159.    Person to be told about electroconvulsive therapy order  

           Division 9.2.3--Emergency electroconvulsive therapy orders

   160.    Application for emergency electroconvulsive therapy order  
   161.    What ACAT must take into account—emergency electroconvulsive therapy  
   162.    Making of emergency electroconvulsive therapy order  
   163.    Content of an emergency electroconvulsive therapy order  
   164.    Effect of later order  

           Division 9.2.4--Records of electroconvulsive therapy

   165.    Doctor must record electroconvulsive therapy  
   166.    Electroconvulsive therapy records to be kept for 5 years  

   PART 9.3--PSYCHIATRIC SURGERY

   167.    Performance on people subject to orders of ACAT  
   168.    Psychiatric surgery not to be performed without approval or if person  
   169.    Application for approval  
   170.    Application to be considered by committee  
   171.    Requirement for further information  
   172.    Application to be decided in accordance with committee's  
   173.    Consent of Supreme Court  
   174.    Refusal of psychiatric surgery  
   175.    Appointment of committee  

CHAPTER 10--REFERRALS BY COURTS UNDER CRIMES ACT AND CHILDREN AND YOUNG PEOPLE ACT

   176.    Review of certain people found unfit to plead  
   177.    Recommendations about people with mental impairment  
   178.    Recommendations about people with mental disorder or mental illness  
   179.    Service of decisions etc  
   180.    Review of detention under court order  
   181.    Contravention of conditions of release  
   182.    Review of conditions of release  
   183.    Limit on detention  

CHAPTER 11--ACAT PROCEDURAL MATTERS

   184.    Meaning of subject person—ch 11  
   185.    When ACAT may be constituted by presidential member  
   186.    When ACAT must be constituted by more members  
   187.    Applications  
   188.    Notice of hearing  
   189.    Directions to registrar  
   190.    Appearance  
   191.    Separate representation of children etc  
   192.    Subpoena to appear in person  
   193.    Person subpoenaed in custody  
   194.    Hearings to be in private  
   195.    Who is given a copy of the order?  

CHAPTER 12--ADMINISTRATION

   PART 12.1--CHIEF PSYCHIATRIST AND MENTAL HEALTH OFFICERS

   196.    Chief psychiatrist  
   197.    Functions  
   198.    Approved code of practice  
   198A.   Chief psychiatrist may make guidelines  
   199.    Ending appointment—chief psychiatrist  
   200.    Delegation by chief psychiatrist  
   201.    Mental health officers  
   202.    Functions of mental health officers  
   203.    Identity cards for mental health officers  

   PART 12.2--CARE COORDINATOR

   204.    Care coordinator  
   205.    Functions  
   206.    Ending appointment—care coordinator  
   207.    Delegation by care coordinator  

   PART 12.3--OFFICIAL VISITORS

   208.    Meaning of official visitor etc  
   209.    Appointment of official visitors—additional suitability  
   211.    Official visitor's functions  
   213.    Notice to official visitor of detainee receiving mental health treatment, care or  
   214.    Complaint about treatment, care or support provided at place other than visitable  

   PART 12.4--COORDINATING DIRECTOR-GENERAL

   215.    Coordinating director-general  
   216.    Functions of coordinating director-general  
   217.    Coordinating director-general policies and operating procedures  

   PART 12.5--SHARING INFORMATION--GOVERNMENT AGENCIES

   218.    Definitions—pt 12.5  
   219.    Information sharing protocol  
   220.    Information sharing guidelines  
   221.    Information sharing—approval of agency  

CHAPTER 13--PRIVATE PSYCHIATRIC FACILITIES

   PART 13.1--PRELIMINARY

   222.    Definitions—ch 13  

   PART 13.2--LICENCES

   223.    Meaning of eligible person—pt 13.2  
   224.    Licence—requirement to hold  
   225.    Licence—application  
   226.    Licence—decision on application  
   227.    Licence—term and renewal of licence  
   228.    Licence—transfer of licence  
   229.    Licence—amendment initiated by Minister  
   230.    Licence—amendment on application by licensee  
   231.    Licence—surrender  
   232.    Licence—cancellation by notice  
   233.    Licence—emergency cancellation  

   PART 13.3--PRIVATE PSYCHIATRIC FACILITIES--ENFORCEMENT

   234.    Appointment of inspectors  
   235.    Identity cards  
   236.    Powers of inspection  
   237.    Failing to comply with requirement of inspector  

CHAPTER 14--MENTAL HEALTH ADVISORY COUNCIL

   238.    Establishment of mental health advisory council  
   239.    Functions of mental health advisory council  
   240.    Membership of mental health advisory council  
   241.    Procedures of mental health advisory council  

CHAPTER 15--INTERSTATE APPLICATION OF MENTAL HEALTH LAWS

   PART 15.1--PRELIMINARY

   242.    Purpose—ch 15  
   243.    Definitions—ch 15  
   244.    Authority to enter into agreements  
   245.    Authorised officer and interstate authorised person may exercise certain functions  
   246.    Medication for person being transferred  

   PART 15.2--APPREHENSION OF PEOPLE IN BREACH OF CERTAIN ORDERS

   247.    Apprehension of interstate patient in breach of interstate involuntary treatment  
   248.    Apprehension of person in breach of mental health order or forensic mental health  

   PART 15.3--TRANSFER OF CERTAIN PEOPLE FROM ACT

   249.    Interstate transfer—person under psychiatric treatment order or community care  
   250.    Interstate transfer—person under forensic psychiatric treatment order or forensic  
   251.    Transfer to interstate mental health facility—emergency  
   252.    Interstate transfer—when ACT order stops applying  

   PART 15.4--TRANSFER OF CERTAIN PEOPLE TO ACT

   253.    Transfer of interstate patient to approved mental health facility  
   254.    Transfer of responsibility to provide treatment, care or support in the community for  
   255.    Transfer of person apprehended in another State to approved mental health  

   PART 15.5--INTERSTATE OPERATION OF CERTAIN ORDERS

   256.    Mental health order relating to interstate person  
   257.    Implementing interstate involuntary treatment order for temporary ACT  

CHAPTER 16--NOTIFICATION AND REVIEW OF DECISIONS

   258.    Meaning of reviewable decision—ch 16  
   259.    Reviewable decision notices  
   260.    Applications for review  

CHAPTER 17--MISCELLANEOUS

   261.    Approval of mental health facilities  
   262.    Approval of community care facilities  
   263.    Powers of entry and apprehension  
   264.    Powers of search and seizure  
   265.    Protection of officials from liability  
   266.    Report and record of use of restraint etc  
   267.    Appeals from ACAT to Supreme Court  
   268.    Relationship with Guardianship and Management of Property Act  
   269.    Relationship with Powers of Attorney Act  
   270.    Certain rights unaffected  
   271A.   Reviews by Minister and director-general  
   272.    Determination of fees  
   274.    Regulation-making power  

CHAPTER 20--TRANSITIONAL—MENTAL HEALTH AMENDMENT ACT 2023

   300.    Meaning of commencement day—ch 20  
   301.    Contravention of mental health order before commencement day  
   302.    Contravention of forensic mental health order before commencement day  
   303.    ACAT order not made before commencement day  
   304.    Expiry—ch 20  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES