Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 198A

    (1)     The chief psychiatrist may make guidelines for a mental health facility, mental health professional or anyone else exercising a function under this Act, in relation to any matter under this Act.

Note 1     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

Note 2     The function of making guidelines under this section must not be delegated (see s 200 (2) (b)).

    (2)     A guideline must include a statement about how the guideline is consistent with—

        (a)     the objects and principles of this Act; and

        (b)     human rights.

    (3)     If a guideline relates to a function under this Act exercised by a police officer or an authorised ambulance paramedic, the chief psychiatrist must consult the chief police officer or the chief officer (ambulance service) before making the guideline.

    (4)     A mental health facility conducted by, or operating under an agreement with, the Territory must comply with a guideline that applies to the facility.

    (5)     A person employed or engaged at a mental health facility mentioned in subsection (4) must comply with a guideline that applies to the facility.

    (6)     A person, other than a person mentioned in subsection (5), exercising a function under this Act in relation to a matter for which a guideline has been made must consider the guideline in the exercise of the function.

    (7)     A guideline may apply, adopt or incorporate a law of another jurisdiction or an instrument, as in force from time to time.

Note     A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act

, s 14 (2)).

    (8)     The Legislation Act

, section 47 (6) does not apply in relation to a law or an instrument mentioned in subsection (7).

Note     A law or an instrument applied, adopted or incorporated under s (7) does not need to be notified under the Legislation Act

because s 47 (6) does not apply (see Legislation Act

, s 47 (7)).

    (9)     A guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (10)     In this section:

"law of another jurisdiction"—see the Legislation Act

, section 47 (10).