Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 226

Licence—decision on application

    (1)     On application under section 225, the Minister may issue a licence if satisfied on reasonable grounds that—

        (a)     the applicant is an eligible person; and

        (b)     the applicant complies with, and is likely to continue to comply with, the requirements of this Act; and

Note     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).

        (c)     the premises where the facility is to be operated are suitable premises for the operation of a private psychiatric facility.

    (2)     A licence must include a condition—

        (a)     about the maximum number of people for whom treatment, care or support may be provided at the licensed premises; and

        (b)     that a licensee must comply with a guideline under section 198A that applies to the licensed premises.

    (3)     A licence may also include conditions about the following:

        (a)     the minimum number of staff to be employed at the licensed premises;

        (b)     the qualifications of the staff;

        (c)     the treatment, care or support that may be provided at the licensed premises;

        (d)     the health and safety of people at the licensed premises;

        (e)     the insurance to be carried by the licensee against any liability arising from the operation of a private psychiatric facility at the licensed premises;

        (f)     the recreational and educational facilities to be provided at the licensed premises;

        (g)     the management of the licensed premises;

        (h)     the keeping of records about the licensed premises and any person who is treated in or from the premises;

              (i)     anything else that the Minister is satisfied on reasonable grounds is appropriate.



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