Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. This Act may be cited as the Mental Health Act 1983.1
2. 2.1 (1) This Part (other
3. (1) Parts I to IV (inclusive), Part VI, Part IX and sections 170 to 180 (inclusive) of the Lunacy Act of 1898 of the State of New South Wales and the Schedules (other than Schedule One) to that Act shall cease to be in force in the Territory.
4. (1) In this Act, unless the contrary intention appears—“convulsive therapy” means a procedure for the induction of an epileptiform convulsion in a person; “Council” means the Mental Health Advisory Council established by Part III; “Director” means—
PART II--ADMINISTRATION
5. There shall be a Director of Mental Health Services.
6. (1) The Director shall be appointed by the Minister.
7. A person is not eligible to be appointed or hold office as the Director unless he is a psychiatrist.
8. A person may resign the office of Director by writing signed by him and delivered to the Minister.
9. (1) The Minister may remove a person from office as Director for misbehaviour or physical or mental incapacity.
10. (1) The Minister may appoint a person who is eligible for appointment as Director to act in the office of Director—
11. (1) The Director may, by instrument and with the approval of the Minister, delegate to a psychiatrist who—
12. (1) Subject to this section, the Minister shall appoint such persons to be Mental Health Officers as he thinks necessary for the purposes of this Act.
PART III--THE MENTAL HEALTH ADVISORY COUNCIL
13. There is established by this Act a Council by the name of the Mental Health Advisory Council.
14. The functions of the Council are—
15. (1) The Council shall consist of—
16. A member may resign his office by writing signed by him and delivered to the Minister.
17. (1) The Minister may remove a member from office by reason of misbehaviour or physical or mental incapacity.
18. (1) The Minister shall appoint one of the members to be the Chairman of the Council.
19. (1) The Chairman of the Council shall convene such meetings of the Council as he considers necessary for the performance of its functions, but so that an interval longer than 3 months does not occur between any 2 consecutive meetings.
20. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Council.
PART IV--EMERGENCY PROCEDURES
21. (1) Where a medical practitioner or an authorized Mental Health Officer has reasonable grounds for believing that—
22. (1) Subject to subsection (4), the Director shall, as soon as practicable after a person is detained under section 21, appoint—
22A. 22A. At any time during the hearing of an application under this Act the Magistrates Court may, of its own motion or upon the application of a prescribed relative of a person, terminate the appointment of a prescribed representative appointed under paragraph 22 (1) (b) on the grounds that the prescribed representative—
23. Where the Director is satisfied that an application should be made for a treatment order in respect of a person detained under section 21, the Director shall cause an application for a treatment order in respect of that person to be made as soon as practicable, but in any event not later than 72 hours after the detention of the person commenced.
24. (1) A person who is detained under section 21 shall be released from that detention if—
25. (1) The Magistrates Court may, on application by a person detained under section 21 or by the prescribed representative of the person, if it is satisfied that—
26. (1) A person who is detained under section 21 is entitled, upon making a request to the Director or to another person performing duties in connection with the detention of the person, to be provided with facilities for preparing a written communication and for enclosing that written communication in a sealed envelope.
PART V--TREATMENT ORDERS
27. Nothing in this Part affects the operation of Part VII.
28. (1) Subject to this section, an application for a treatment order in respect of a person shall be made to the Magistrates Court.
29. (1) An application for a treatment order shall be served by the applicants on each of the other parties to the application.
30. A person may not join in making an application for a treatment order if—
31. (1) Subject to subsection (4), where an application is made for a treatment order in respect of a person and there is no prescribed representative of that person, the Director shall, as soon as practicable after the application is made, appoint—
31A. 31A. At any time during the hearing of an application under this Act the Magistrates Court or the Supreme Court, as the case requires, may, of its own motion or upon the application of a prescribed relative of a person, terminate the appointment of a prescribed representative appointed under paragraph 31 (1) (b) on the grounds that the prescribed representative—
32. (1) Where an application is made for a treatment order in respect of a person, the Director shall cause a written statement to be given to the person and to his prescribed representative setting out particulars of—
33. (1) Where an application is made for a treatment order in respect of a person who is detained by, or in the custody of, the Director, the Director shall cause the person to be present during the hearing of the application unless the court hearing the application is satisfied that in the circumstances the presence of the person during the hearing would not be practicable.
34. (1) Where, on an application for a treatment order made under subsection 28 (1), the Magistrates Court is satisfied that—
35. (1) A treatment order shall direct—
36. (1) The Magistrates Court shall not specify in a treatment order, for the purposes of paragraph 35 (2) (a), a period of more than 28 days.
37. (1) Subject to this section, where a treatment order is made in relation to a person, the Director is authorized to administer, or cause to be administered, to that person such treatment for the mental dysfunction suffered by that person as the Director thinks necessary, other than—
38. (1) This section applies to a treatment order that directs that the person to whom the order relates remain in the custody of the Director throughout the period for which the order has effect.
39. (1) This section applies to a treatment order other than a treatment order to which section 38 applies.
40. (1) Where a treatment order is made in respect of a person, the Director or the medical practitioner who is to administer treatment to that person shall, before that treatment is administered, explain to that person the nature and the effects, including the side-effects (if any), of the treatment.
41. (1) Subject to this Act, where—
42. (1) A person in the custody of the Director in accordance with a treatment order is entitled, upon making a request to the Director or to another person performing duties in connection with the custody of the person, to be provided with facilities for preparing a written communication and for enclosing that written communication in a sealed envelope.
43. (1) Subject to this section, a court which has made a treatment order in respect of a person may, on application made under this section, vary that order, other than by extending the period specified in the order for the purposes of paragraph 35 (2) (a), or discharge the order.
44. (1) An appeal lies to the Supreme Court from an order made by the Magistrates Court under this Part.
PART VI--CONVULSIVE THERAPY
45. (1) A person, other than a medical practitioner, shall not administer convulsive therapy to another person unless he is authorized to do so by a medical practitioner.
46. Notwithstanding anything in this Part, where a person who has consented to the administration to him of convulsive therapy in accordance with paragraph 45 (2) (a) or subparagraph 45 (4) (c) (i) withdraws his consent, either orally or in writing, at any time before the therapy is administered, a medical practitioner shall not administer, or authorize the administration of, the therapy to the person.
47. (1) A medical practitioner who administers, or authorizes the administration of, convulsive therapy shall make a record of that administration or authorization, as the case may be, and shall deliver that record to a person employed by the person or authority responsible for the conduct of the hospital at which the therapy is, or is to be, administered.
PART VII--CONTROL OF PSYCHIATRIC SURGERY
48. Psychiatric surgery may be performed on a person in accordance with this Part notwithstanding that a treatment order is in force in relation to the person.
49. (1) A medical practitioner shall not knowingly perform psychiatric surgery on a person without the approval of the Director.
50. (1) An application for the approval of the Director for the performance of psychiatric surgery shall—
51. (1) Where an application has been made in accordance with section 50 the Director shall, as soon as practicable, submit the application to a committee consisting of—
52. (1) Where an application has been submitted to a committee, the committee shall—
53. Where a committee has made a report to the Director in relation to an application, the Director shall deal with the application in accordance with the recommendation or recommendations of the committee.
54. (1) The Director may, at the request of a committee, require a medical practitioner who has made an application under section 50 to produce to the Director such information or documents, or both, as the Director specifies.
55. (1) Meetings of a committee shall be convened by the chairman of the committee.
56. A committee shall not recommend that the Director approve the performance of psychiatric surgery unless the committee is satisfied—
57. Where the Supreme Court, on application by a medical practitioner, is satisfied—
58. (1) A person who has consented under section 50 to the performance on him of psychiatric surgery or a person in respect of whom the Supreme Court has made an order under section 57 may, at any time before psychiatric surgery is performed on him, by informing the Director or any other person, either orally or in writing, refuse to consent to the performance on him of that surgery.
PART VIII--CONTROL OF PRIVATE MENTAL HEALTH FACILITIES
59. In this Part—“holder of a licence” means the person to whom a licence is granted; “licence” means a licence granted under this Part; “licenced premises” means the premises at which a mental health facility is, or is proposed to be, conducted and in respect of which a licence is granted; “mental health facility” means a hospital, nursing-home, hostel or other institution that ordinarily provides treatment and accommodation, or accommodation only, for persons suffering from mental dysfunction or from addiction to alcohol or a drug, other than—
60. (1) A person who owns a mental health facility shall not conduct that mental health facility, other than by a manager, employee or agent employed by him, unless he is the holder of a licence.
61. (1) Subject to this section, the Minister may, on application made by a person in accordance with this section, grant a licence to the person in respect of the premises specified in the licence.
62. (1) Subject to this Part, a licence granted under section 61 remains in force for the period of 12 months commencing on the date on which the licence is granted and may be renewed in accordance with this section.
63. (1) The Minister may, on application in writing made by the holder of a licence and if satisfied that it is in the interests of patients or residents at the licenced premises to which the application relates—
64. (1) The holder of a licence may at any time surrender the licence by notice in writing signed by him and lodged with the Minister together with the licence.
65. (1) Where the Minister is satisfied that the holder of a licence has failed to comply with a condition of the licence, the Minister may, by notice in writing served on the holder of the licence, require the holder, within 28 days after the date of the notice, to show cause why the licence should not be cancelled.
66. (1) Notwithstanding anything in section 65, where the Minister is satisfied that circumstances exist in relation to licensed premises that give rise to an immediate risk of danger to health or safety of patients or residents at those premises, the Minister may, by notice in writing served on the holder of the licence, cancel the licence.
67. Where a licence is cancelled under section 65 or 66—
68. (1) Where the Minister makes a decision—
69. Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister—
70. The holder of a licence is guilty of an offence if treatment for mental dysfunction is given to a patient at the licensed premises after the holder of the licence has received notice that the patient is subject to a treatment order.
71. (1) The Minister may appoint such inspectors as he or she considers necessary for the purposes of this Part.
72. (1) An inspector may, at any hour of the day, enter any licensed premises and—
73. Where, under this Part, a notice is required to be served on a person, the notice may be served on the person—
PART IX--MISCELLANEOUS
74. (1) Jurisdiction is conferred on the Magistrates Court to hear and determine an application under section 25, subsection 28 (1), section 43 or Part VI.
75. A person is not entitled to be present in a room in which an application under this Act is being heard by a court unless he is—
76. (1) A court may, if it thinks it to be in the interests of a minor to do so and if the person consents, appoint a person to be the next friend of the minor.
77. (1) Where, in proceedings in a court under this Act—
79. The Minister may, by notice in writing published in the Gazette, determine fees for the purposes of this Act.
80. A police officer, a medical practitioner, the Director and each Mental Health Officer shall, in the exercise of the powers or the performance of the functions conferred under this Act in relation to any person suffering from mental dysfunction, ensure that the restrictions on the freedom of the person are minimal and that his dignity and self-respect are subject to derogation only to the extent necessary for the proper care and protection of the person and the protection of the public.
81. The Director shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of his operations during the year ending on that date, including details of the number of persons in respect of whom treatment orders were in effect during that year and the period of effect of each of those orders, together with details of other matters and things arising or carried out under this Act during that year.
83. The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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