Australian Capital Territory Repealed Acts

This legislation has been repealed.

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

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

CHAPTER 2--OBJECTS AND IMPORTANT CONCEPTS

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

CHAPTER 4--ASSESSMENTS

CHAPTER 5--MENTAL HEALTH ORDERS

CHAPTER 6--EMERGENCY DETENTION

   39.     Statement of action taken  
   41A.    Notification of Magistrates Court about emergency detention or release from emergency  
   41AB.   Treatment during detention  
   46.     Orders for release  
   47.     Duty to release  

CHAPTER 7--FORENSIC MENTAL HEALTH

CHAPTER 8--CORRECTIONAL PATIENTS

CHAPTER 9--ELECTROCONVULSIVE THERAPY AND PSYCHIATRIC SURGERY

   PART 9.1--CONSENT

   54.     Informed consent  

   PART 9.2--ELECTROCONVULSIVE THERAPY

           Division 9.2.1--What is electroconvulsive therapy?

   55.     What is electroconvulsive therapy?  

           Division 9.2.2--Informed consent for electroconvulsive therapy

   55A.    Electroconvulsive therapy may be administered with consent  
   55B.    Offence—electroconvulsive therapy without consent  
   55C.    Offence—electroconvulsive therapy on 10 or more occasions since consent  
   55D.    Offence—electroconvulsive therapy after consent withdrawn  

           Division 9.2.3--Electroconvulsive therapy orders

   55E.    Electroconvulsive therapy may be administered under electroconvulsive therapy  
   55F.    Application for electroconvulsive therapy order  
   55G.    Criteria for making electroconvulsive therapy order  
   55H.    Content of electroconvulsive therapy order  
   55I.    Offence—electroconvulsive therapy without electroconvulsive therapy order  
   55J.    Offence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy  
   55K.    Offence—electroconvulsive therapy after order consent withdrawn  

           Division 9.2.4--Emergency electroconvulsive therapy orders

   55L.    Electroconvulsive therapy may be administered under emergency electroconvulsive therapy  
   55M.    Application for emergency electroconvulsive therapy order  
   55N.    Criteria for making emergency electroconvulsive therapy order  
   55O.    Content of an emergency electroconvulsive therapy order  
   55P.    Conflict between orders  

           Division 9.2.5--Only doctor or authorised person to administer electroconvulsive therapy

   56.     Offence—electroconvulsive therapy without doctor's consent  

           Division 9.2.6--Records of electroconvulsive therapy

   57.     Doctor must record electroconvulsive therapy  
   58.     Electroconvulsive therapy records to be kept for 5 years  

   PART 9.3--PSYCHIATRIC SURGERY

   59.     Performance on persons subject to orders of ACAT  
   60.     Approval and consent required  
   61.     Application for approval  
   62.     Application to be considered by committee  
   63.     Chief psychiatrist may require further information  
   64.     Chief psychiatrist to act on committee's recommendation  
   65.     Consent of Supreme Court  
   66.     Refusal of surgery  
   67.     Committees  

CHAPTER 10--REFERRALS BY COURTS UNDER CRIMES ACT AND CHILDREN AND YOUNG PEOPLE ACT 2008

CHAPTER 11--ACAT PROCEDURAL MATTERS

CHAPTER 12--ADMINISTRATION

CHAPTER 13--PRIVATE PSYCHIATRIC FACILITIES

   PART 13.1--INTERPRETATION

   123.    Definitions—ch 13  

   PART 13.2--LICENCES

   124.    Owner or manager to be licensed  
   125.    Issue of licence  
   126.    Term and renewal of licence  
   127.    Variation and revocation of conditions  
   128.    Surrender of licence  
   129.    Cancellation of licence  
   130.    Emergency cancellation  
   131.    Effect of cancellation  

   PART 13.3--INSPECTORS

   132.    Appointment of inspectors  
   133.    Identity cards  
   134.    Powers of inspection  
   135.    Failing to comply with requirement of inspector  

   PART 13.4--MISCELLANEOUS

   138.    Unauthorised treatment, care or support  

CHAPTER 14--MENTAL HEALTH ADVISORY COUNCIL

CHAPTER 15--INTERSTATE APPLICATION OF MENTAL HEALTH LAWS

   PART 15.1--PRELIMINARY

   139CA.  Object of ch 15  
   139CB.  Definitions—ch 15  
   139CC.  Authority to enter into agreements  
   139CD.  Recognition of interstate laws and orders  
   139CE.  Territory officers may exercise functions under corresponding laws  

   PART 15.2--TRANSFER OF PERSONS FROM ACT

   139CF.  Emergency admission of persons to health facilities in other States  
   139CG.  Transfer of custodial patients from ACT  
   139CH.  Application of Act to persons transferred interstate  

   PART 15.3--TRANSFER OF PERSONS TO ACT

   139CI.  Emergency admission of interstate persons to approved health  
   139CJ.  Application of Act to persons detained under s 139CI  
   139CK.  Transfer of interstate custodial patients to health facilities in  
   139CL.  Application of Act to persons transferred to ACT under s 139CK  

   PART 15.4--PSYCHIATRIC TREATMENT ORDERS AND INTERSTATE NON-CUSTODIAL ORDERS

   139CM.  Psychiatric treatment orders relating to interstate people  
   139CN.  Orders relating to ACT residents  

   PART 15.5--APPREHENSION OF PERSONS ABSENT FROM CUSTODY OR IN BREACH OF ORDERS

   139CO.  Recognition of apprehension orders  
   139CP.  Apprehension of interstate persons absent without leave or in breach of  
   139CQ.  Regulations relating to apprehension of persons  

CHAPTER 16--NOTIFICATION AND REVIEW OF DECISIONS

CHAPTER 17--MISCELLANEOUS
           SCHEDULE 1
           DICTIONARY
           ENDNOTES