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MENTAL HEALTH AND WELLBEING ACT 2022


TABLE OF PROVISIONS

           Preamble

   PART 1.1--PURPOSES AND COMMENCEMENT

   1.      Purposes  
   2.      Commencement  

   PART 1.2--INTERPRETATION

   3.      Definitions  
   4.      Meaning of mental illness in this Act  
   5.      What is treatment?  
   6.      What are appropriate supports?  
   7.      Communicating under this Act  
   8.      Examining under this Act  
   9.      Avoiding unnecessary duplication  
   10.     Interpretation of this Act and the mental health and wellbeing principles  
   11.     Act binds the Crown  

   PART 1.3--OBJECTIVES

   12.     Objectives  

   PART 1.4--STATEMENT OF RECOGNITION AND ACKNOWLEDGEMENT OF TREATY PROCESS

   13.     Statement of Recognition  

   PART 1.5--MENTAL HEALTH AND WELLBEING PRINCIPLES

   15.     Mental health and wellbeing principles  
   16.     Dignity and autonomy principle  
   17.     Diversity of care principle  
   18.     Least restrictive principle  
   19.     Supported decision making principle  
   20.     Family and carers principle  
   21.     Lived experience principle  
   22.     Health needs principle  
   23.     Dignity of risk principle  
   24.     Wellbeing of young people principle  
   25.     Diversity principle  
   26.     Gender safety principle  
   27.     Cultural safety principle  
   28.     Wellbeing of dependents principle  

   PART 1.6--APPLICATION OF MENTAL HEALTH AND WELLBEING PRINCIPLES AND FAMILY VIOLENCE LIMITATION

   29.     Mental health and wellbeing service providers to make all reasonable efforts  
   30.     Mental health and wellbeing service providers to address one or more mental health and wellbeing principles in annual report  
   31.     Information sharing limitation if there may be a risk of family violence or other serious harm  

   PART 2.1--SUPPORTING PATIENT RIGHTS

   32.     Designated mental health service must determine if patient has an advance statement of preferences or a nominated support person  
   33.     Duty to ensure all reasonable efforts are made to give effect to patient's advance statement of preferences  
   34.     Designated mental health service must take reasonable steps  
   35.     Taking reasonable steps  

   PART 2.2--STATEMENT OF RIGHTS

   36.     What is a statement of rights?  
   37.     Requirement to provide a statement of rights  
   38.     Form of statement of rights  
   39.     Explanation of statement of rights  
   40.     Statement of rights to be given to support persons  

   PART 2.3--NON-LEGAL MENTAL HEALTH ADVOCACY SERVICES

   41.     Primary non-legal mental health advocacy service provider and other providers  
   42.     Chief Officer to issue protocols to non-legal mental health advocacy service providers and mental health and wellbeing service providers  
   43.     Notifications  
   44.     Role of non-legal mental health advocacy service providers  
   45.     Role of a mental health advocate  
   46.     Role of a mental health advocates in relation to a child or young person  
   47.     What can a mental health advocate do?  
   48.     Consumer instructions to mental health advocate  
   49.     Mental health and wellbeing service provider to give reasonable assistance  
   50.     Consideration of mental health and wellbeing principles  
   51.     Opt-out register  

   PART 2.4--RIGHT TO COMMUNICATE

   52.     Definition  
   53.     Right to communicate  
   54.     Restriction on right to communicate  
   55.     Persons to be notified of restriction on inpatient's right to communicate  
   56.     Restriction on right to communicate to be monitored regularly  

   PART 2.5--ADVANCE STATEMENTS OF PREFERENCES

   57.     What is an advance statement of preferences?  
   58.     Making an advance statement of preferences  
   59.     Revoking an advance statement of preferences  
   60.     Advance statement of preferences must not be amended  

   PART 2.6--NOMINATED SUPPORT PERSONS

   61.     Role of nominated support person  
   62.     Nomination of a nominated support person  
   63.     Acceptance  
   64.     When is a nomination revoked?  
   65.     How may a person who made a nomination revoke it?  
   66.     How may a nominated support person resign?  

   PART 2.7--SECOND PSYCHIATRIC OPINIONS IN RELATION TO COMPULSORY TREATMENT AND CERTAIN ORDERS

   67.     Right to a second psychiatric opinion  
   68.     Who may give a second psychiatric opinion?  
   69.     Functions of a psychiatrist giving a second opinion  
   70.     Powers of a psychiatrist giving a second psychiatric opinion  
   71.     Reasonable assistance must be provided  
   72.     Second psychiatric opinion report  
   73.     Authorised psychiatrist must examine eligible patient (other than forensic patient) again in specified circumstances  
   74.     Authorised psychiatrist must review eligible patient's treatment in specified circumstances  
   75.     Application to chief psychiatrist for review of treatment  
   76.     Review by chief psychiatrist  
   77.     Application for review may be withdrawn  

   PART 3.1--DECISION MAKING PRINCIPLES FOR TREATMENT AND INTERVENTIONS

   78.     Application of Part  
   79.     Care and transition to less restrictive support principle  
   80.     Consequences of compulsory assessment and treatment and restrictive interventions principle  
   81.     No therapeutic benefit to restrictive interventions principle  
   82.     Balancing of harm principle  
   83.     Autonomy principle  
   84.     Chief psychiatrist may prepare guidelines in relation to the decision making principles for treatment and interventions  

   PART 3.2--CAPACITY AND INFORMED CONSENT

   85.     Presumption that person has capacity to give informed consent  
   86.     When does a person give informed consent?  
   87.     When does a person have capacity to give informed consent?  

   PART 3.3--TREATMENT

   88.     Patients to be treated for mental illness  
   89.     When a patient does not have capacity to give informed consent or does not give informed consent to treatment  
   90.     Circumstances in which patient's advance statement of preferences may be overridden by an authorised psychiatrist  

   PART 3.4--MEDICAL TREATMENT

   91.     Giving informed consent to medical treatment  
   92.     Who may consent to medical treatment if patient does not have capacity to give informed consent?  
   93.     Matters authorised psychiatrist must consider in consenting to medical treatment for a patient  

   PART 3.5--ELECTROCONVULSIVE TREATMENT

           Division 1--General

   94.     Electroconvulsive treatment must not be performed other than in accordance with this Part  
   95.     What is a course of electroconvulsive treatment?  
   96.     Mental Health Tribunal order authorising course of electroconvulsive treatment  
   97.     Listing and completion of applications to the Mental Health Tribunal under this Part  

           Division 2--Adult patients

   98.     Authority to perform electroconvulsive treatment on an adult patient  
   99.     Application to Mental Health Tribunal for course of electroconvulsive treatment—adult patient  
   100.    Determination of an application for an order—adult patient  
   101.    Notification of the making of an order—adult patient  
   102.    When does a course of electroconvulsive treatment begin and end?  

           Division 3--Use of electroconvulsive treatment on adults who are not patients

   103.    Authority to perform electroconvulsive treatment on an adult who is not a patient  
   104.    Application to Mental Health Tribunal for course of electroconvulsive treatment—person who is an adult and not a patient  
   105.    Determination of an application for an order—adult who is not a patient  
   106.    Notification of the making of an order—adult who is not a patient  
   107.    When does a course of electroconvulsive treatment begin and end?  

           Division 4--Young patients

   108.    Authority to perform electroconvulsive treatment on a young patient  
   109.    Application to Mental Health Tribunal for course of electroconvulsive treatment—young patient  
   110.    Determination of an application for an order—young patient  
   111.    Notification of the making of an order—young patient  
   112.    When does a course of electroconvulsive treatment begin and end?  

           Division 5--Use of electroconvulsive treatment on young persons who are not patients

   113.    Authority to perform course of electroconvulsive treatment on a young person who is not a patient  
   114.    Application to Mental Health Tribunal for course of electroconvulsive treatment—young person who is not a patient  
   115.    Determination of an application for an order—young person who is not a patient  
   116.    Notification of the making of an order—young person who is not a patient  
   117.    When does a course of electroconvulsive treatment begin and end?  

           Division 6--Reporting

   118.    Reporting to the chief psychiatrist  

   PART 3.6--NEUROSURGERY FOR MENTAL ILLNESS

   119.    Mental Health Tribunal must approve all neurosurgery for mental illness  
   120.    Psychiatrist may apply to Mental Health Tribunal for approval to perform neurosurgery for mental illness  
   121.    Powers of Mental Health Tribunal in respect of application for neurosurgery for mental illness  
   122.    Notice of decision  
   123.    Report to chief psychiatrist  
   124.    Hearing of application to perform neurosurgery for mental illness  

   PART 3.7--RESTRICTIVE INTERVENTIONS

           Division 1--Use of restrictive interventions under this Act

   125.    Responsibilities of service providers and others to aim to reduce and eliminate the use of restrictive interventions  
   126.    Restrictive intervention must not be used on certain persons other than in accordance with this Part  
   127.    Restrictive intervention for permitted purpose only  
   128.    Restrictive intervention only if necessary and if all reasonable and less restrictive options have been tried or considered  
   129.    Ending a restrictive intervention  

           Division 2--Use of restrictive interventions in a designated mental health service

   130.    Application of Division  
   131.    Matters to be considered if authorising restrictive intervention  
   132.    Use of restrictive intervention must be authorised  
   133.    Considerations and reasons for using restrictive intervention must be documented  
   134.    Notification to, and initial examination by, authorised psychiatrist  
   135.    Notification of use of restrictive intervention—other persons  
   136.    Facilities and supplies to be provided to person subject to restrictive intervention  
   137.    Monitoring of person subject to restrictive intervention  
   138.    Review of use of restrictive intervention and report to chief psychiatrist following use of restrictive interventions  

           Division 3--Chemical restraint during transport

   139.    Use of chemical restraint during transport  

           Division 4--Immunity

   140.    Immunity  

   PART 4.1--PRELIMINARY

   141.    Immunity  
   142.    Compulsory assessment criteria  
   143.    Compulsory treatment criteria  

   PART 4.2--ASSESSMENT ORDERS

           Division 1--Making of assessment order

   144.    Making of assessment order  
   145.    Community or inpatient assessment order  
   146.    What does an assessment order authorise?  
   147.    Duration of assessment order  
   148.    Contents of assessment order  
   149.    Inpatient assessment order—patient to be transported to designated mental health service as soon as practicable  
   150.    Information to be given to assessment patient  
   151.    Authorised psychiatrist to be notified of making of assessment order  
   152.    Other persons to be notified of making of assessment order  

           Division 2--Variation of assessment order

   153.    Variation of assessment order—community or inpatient  
   154.    Duration of varied assessment order  
   155.    Variation of assessment order—responsible designated mental health service  
   156.    Information to be given to assessment patient in relation to varied order  
   157.    Authorised psychiatrist to be notified of variation of assessment order  
   158.    Other persons to be notified of variation of assessment order  

           Division 3--Examination and restrictions on treatment

   159.    Examination of assessment patient by authorised psychiatrist  
   160.    Restrictions on treatment while assessment order is in force  

           Division 4--Revocation and extension of assessment order

   161.    Revocation of assessment order by authorised psychiatrist  
   162.    Information to be given to patient if authorised psychiatrist revokes assessment order  
   163.    Other persons to be notified if authorised psychiatrist revokes assessment order  
   164.    Assessment order revoked on making of temporary treatment order  
   165.    Extension of assessment order  
   166.    Information to be given to assessment patient in relation to extension of assessment order  
   167.    Other persons to be notified of extension of assessment order  

   PART 4.3--COURT ASSESSMENT ORDERS

           Division 1--Notifications after making of court assessment order

   168.    Information to be given to court assessment patient  
   169.    Other persons to be notified of making of court assessment order  

           Division 2--Variation of court assessment order

   170.    Authorised psychiatrist may change setting of assessment  
   171.    Information to be given to court assessment patient in relation to assessment change  
   172.    Court to be notified of assessment change  
   173.    Other persons to be notified of assessment change  

           Division 3--Assessment and restrictions on treatment

   174.    Examination of court assessment patient by authorised psychiatrist  
   175.    Restrictions on treatment while court assessment order is in force  
   176.    Completion of assessment  
   177.    Authorised psychiatrist to provide report to court  
   178.    Information to be given to court assessment patient in relation to completion of assessment  
   179.    Other persons to be notified of completion of assessment  

   PART 4.4--TEMPORARY TREATMENT ORDERS

   180.    Making of temporary treatment order  
   181.    Community or inpatient temporary treatment order  
   182.    What does a temporary treatment order authorise?  
   183.    Duration of temporary treatment order  
   184.    Contents of temporary treatment order  
   185.    Inpatient temporary treatment order—patient to be transported to designated mental health service as soon as practicable  
   186.    Information to be given to temporary treatment patient  
   187.    Mental Health Tribunal to be notified of making of temporary treatment order  
   188.    Other entities to be notified of making of temporary treatment order  

   PART 4.5--TREATMENT ORDERS

   189.    Temporary treatment patient—Mental Health Tribunal must conduct hearing  
   190.    Treatment patient—application for another treatment order  
   191.    Requirements for treatment order application  
   192.    Mental Health Tribunal may make treatment order  
   193.    Duration of treatment order  
   194.    Community or inpatient treatment order  
   195.    What does a treatment order authorise?  
   196.    Contents of treatment order  
   197.    Inpatient treatment order—patient to be transported to designated mental health service as soon as practicable  
   198.    Information to be given to treatment patient  
   199.    Other entities to be notified of making of treatment order  

   PART 4.6--VARIATION AND REVOCATION OF TEMPORARY TREATMENT ORDERS AND TREATMENT ORDERS

           Division 1--Variation of temporary treatment orders and treatment orders

   200.    Variation of temporary treatment order or treatment order—community to inpatient  
   201.    Variation of temporary treatment order or treatment order—inpatient to community  
   202.    Information to be included on varied order  
   203.    Notification requirements for varied order  
   204.    Treatment order—hearing to determine community to inpatient variation  

           Division 2--Revocation and expiry of temporary treatment orders and treatment orders

   205.    Revocation of temporary treatment order or treatment order by authorised psychiatrist  
   206.    Application to Mental Health Tribunal to revoke temporary treatment order or treatment order  
   207.    Determination of revocation application  
   208.    Revocation of temporary treatment order in other circumstances  
   209.    Revocation of treatment order in other circumstances  
   210.    Information to be given to patient in relation to revoked order  
   211.    Other entities to be notified of revocation of order  

   PART 4.7--LEAVE OF ABSENCE

   212.    Grant of leave of absence  
   213.    Variation of leave of absence  
   214.    Determining the period and any conditions of leave  
   215.    Information to be given to person granted leave  
   216.    Other persons to be notified about grant or variation of leave  
   217.    Revocation of leave of absence  
   218.    Information to be given to person in relation to revoked leave  
   219.    Other persons to be notified about revocation of leave  
   220.    Persons to be notified if person is absent without leave  
   221.    Authorised psychiatrist may arrange for person who is absent without leave to be transported to a designated mental health service  

   PART 4.8--ASSESSMENT OR TREATMENT BY ANOTHER DESIGNATED MENTAL HEALTH SERVICE

   222.    Application and purpose of Part  
   223.    Variation of order to enable assessment or treatment at another designated mental health service  
   224.    Requirement to have regard to views and preferences of certain persons  
   225.    Action to be taken after variation of order  
   226.    Application to review variation of order  

   PART 4.9--IMPACT OF DETENTION OF PERSON IF SUBJECT TO ORDER UNDER THIS CHAPTER

   227.    Effect of detention in custody on certain orders  

   PART 5.1--PRINCIPLES AND DEFINITIONS

   228.    Health led response principle  
   229.    Consideration of mental health and wellbeing principles  
   230.    Least restrictive approach principle  
   231.    Definitions  

   PART 5.2--POWER TO TAKE A PERSON INTO CARE AND CONTROL IN A MENTAL HEALTH CRISIS

   232.    Taking a person into care and control in a mental health crisis  
   233.    Exercise of clinical judgement in a mental health crisis  
   234.    Authorised person must arrange for a person in care and control to be examined  
   235.    Transfer of care and control for the purposes of arranging an examination  
   236.    Obligations of an authorised person to whom a person's care and control has been transferred  
   237.    Accepting care and control of a person at a specified body  
   238.    Authorised person may release a person from care and control  
   239.    When does an authorised person's care and control end under this Part?  

   PART 5.3--POWER TO TAKE A PERSON INTO CARE AND CONTROL FOR THE PURPOSES OF TRANSPORT UNDER THE ACT

   240.    Application of Part  
   241.    Taking a person into care and control for the purposes of transport  
   242.    Transfer of care and control for the purposes of transport  
   243.    Obligations of an authorised person to whom a person's care and control has been transferred  
   244.    Accepting care and control of a person at a designated mental health service or place  
   245.    When does an authorised person's care and control end under this Part?  

   PART 5.4--POWER OF AUTHORISED PERSONS TO ENTER PREMISES

   246.    Authorised person may enter premises  

   PART 5.5--POWER OF AUTHORISED PERSONS TO SEARCH, SEIZE AND SECURE

   247.    Authorised person may search a person  
   248.    Preservation of privacy and dignity during search  
   249.    Authorised person may seize and secure things found during search of person  

   PART 5.6--USE OF BODILY RESTRAINT ON PERSON TAKEN INTO CARE AND CONTROL

   250.    Authorised person may use bodily restraint  

   PART 5.7--GENERAL PROVISIONS RELATING TO POWERS OF AUTHORISED PERSONS

   251.    Authorised person may be assisted by another authorised person  
   252.    Information to be provided by an authorised person on taking person into care and control  
   253.    Immunity  

   PART 6.1--THE HEALTH SECRETARY

           Division 1--Role and functions of the Health Secretary

   254.    Functions of the Health Secretary  
   255.    Consideration of mental health and wellbeing principles  
   256.    Delegation by Health Secretary  
   257.    Emergency declaration of designated mental health services  

           Division 2--Information collection

   258.    Information sharing agreements  
   259.    Health Secretary may collect information  

   PART 6.2--THE CHIEF OFFICER FOR MENTAL HEALTH AND WELLBEING

   260.    Chief Officer for Mental Health and Wellbeing  
   261.    Functions of the Chief Officer  
   262.    Consideration of mental health and wellbeing principles  
   263.    Powers of the Chief Officer  
   264.    Guidelines in relation to the operation of community advisory committees and regional multiagency panels  

   PART 6.3--THE CHIEF PSYCHIATRIST

           Division 1--The chief psychiatrist

   265.    The chief psychiatrist  
   266.    Role of the chief psychiatrist  
   267.    Functions of the chief psychiatrist  
   268.    Consideration of mental health and wellbeing principles  
   269.    Staff  
   270.    Contractors  
   271.    Delegation  
   272.    Member of staff of clinical mental health service provider to give any reasonable assistance  
   273.    Standards, guidelines and practice directions prepared and issued by chief psychiatrist  
   274.    Annual report  

           Division 2--Authorised officers

   275.    Chief psychiatrist may appoint authorised officers  
   276.    Identity cards  
   277.    Production of identity card  

           Division 3--Investigations by the chief psychiatrist

   278.    Investigations by the chief psychiatrist when health, safety or wellbeing of a person endangered  
   279.    Conduct of investigations  
   280.    Report and recommendations following investigation by chief psychiatrist  
   281.    Response of mental health and wellbeing service provider to recommendations and directions  
   282.    Outcome report and any response to be given to Health Secretary and Chief Officer  
   283.    Publication of outcome report and any response  
   284.    Outcome report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances  

           Division 4--Clinical reviews

   285.    Purpose of clinical reviews  
   286.    Clinical review by chief psychiatrist  
   287.    Notice of intention to conduct clinical review to be provided  
   288.    Clinical review report and recommendations  
   289.    Interim clinical review report  
   290.    Response of clinical mental health service provider to recommendations  
   291.    Monitoring of clinical mental health service provider may continue  
   292.    Clinical review report and any response to be given to Health Secretary and Chief Officer  
   293.    Clinical review report and any response to be given to Justice Secretary and Principal Commissioner in some circumstances  
   294.    Publication of clinical review report  

           Division 5--Directions

   295.    Directions to a specific clinical mental health service provider or clinical mental health service providers generally  

           Division 6--Powers of search and entry

   296.    Definition  
   297.    Powers of entry  
   298.    Power to give written direction to persons to produce documents or answer questions  

           Division 7--Confidentiality obligations

   299.    Definitions  
   300.    Confidentiality obligations applying in respect of information from clinical review  
   301.    Confidentiality of documents  
   302.    Use or disclosure of information permitted to prevent serious harm  
   303.    Disapplication of Freedom of Information Act 1982  
   304.    Application of Health Records Act 2001  

   PART 6.4--REGIONAL MENTAL HEALTH AND WELLBEING BOARDS

           Division 1--Establishment of regional mental health and wellbeing boards

   305.    Establishment of regional mental health and wellbeing boards  
   306.    Terms of reference  
   307.    Functions of a regional mental health and wellbeing board  
   308.    Consideration of mental health and wellbeing principles  
   309.    Advice to Minister  
   310.    Powers of a regional mental health and wellbeing board  
   311.    Facilities and resources  

           Division 2--Members of regional mental health and wellbeing board

   312.    Appointment of members  
   313.    Terms and conditions of appointment of a member  
   314.    Vacancy and resignation  
   315.    Removal from office  

           Division 3--Community advisory committees

   316.    Regional mental health and wellbeing boards may establish community advisory committees  
   317.    Procedure of community advisory committees  

   PART 6.5--PANELS

           Division 1--Regional multiagency panels

   318.    Appointment of regional multiagency panels  
   319.    Membership of regional multiagency panel  
   320.    Functions of a regional multiagency panel  
   321.    Consideration of mental health and wellbeing principles  
   322.    Facilities and resources  
   323.    Procedure of regional multiagency panel  

           Division 2--Statewide panel

   324.    Appointment of statewide panel  
   325.    Function of statewide panel  
   326.    Consideration of mental health and wellbeing principles  
   327.    Procedure for statewide panel  

   PART 6.5A--MENTAL HEALTH WORKFORCE SAFETY AND WELLBEING COMMITTEE

   327A.   Mental Health Workforce Safety and Wellbeing Committee  
   327B.   Objectives of the Mental Health Workforce Safety and Wellbeing Committee  

   PART 6.6--AUTHORISED PSYCHIATRISTS

   328.    Appointment of authorised psychiatrist  
   329.    Delegation  

   PART 7.1--ESTABLISHMENT OF THE MENTAL HEALTH TRIBUNAL

   330.    Establishment of the Mental Health Tribunal  
   331.    Official seal of Mental Health Tribunal  
   332.    Functions of the Mental Health Tribunal  
   333.    Consideration of mental health and wellbeing principles  
   334.    General powers of the Mental Health Tribunal  
   335.    Protection of Tribunal members, persons and witnesses  

   PART 7.2--MEMBERSHIP OF THE MENTAL HEALTH TRIBUNAL

   336.    Members of the Mental Health Tribunal  
   337.    President  
   338.    Deputy President  
   339.    Senior Tribunal members and ordinary Tribunal members  
   340.    Legal members  
   341.    Psychiatrist members  
   342.    Registered medical practitioner members  
   343.    Community members  
   344.    Acting President or Acting Deputy President  
   345.    Remuneration and allowances  
   346.    Public Administration Act 2004 does not apply to Tribunal members  
   347.    Resignation of Tribunal member  
   348.    Suspension from office  
   349.    Investigation of member  
   350.    Vacation and removal from office  

   PART 7.3--ADMINISTRATION

   351.    Employment of staff  
   352.    Functions of principal registrar  
   353.    Functions of registrars  
   354.    Delegation by President and Deputy President  
   355.    Secrecy  
   356.    Register of proceedings  
   357.    Annual report of the Mental Health Tribunal  

   PART 7.4--DIVISIONS OF THE MENTAL HEALTH TRIBUNAL

   358.    Divisions of the Mental Health Tribunal  
   359.    Constitution of the Mental Health Tribunal  
   360.    When can the Mental Health Tribunal be constituted by a single member?  
   361.    Presiding member  

   PART 7.5--PROCEDURE OF THE MENTAL HEALTH TRIBUNAL

   362.    General procedure of the Mental Health Tribunal  
   363.    Who are the parties to a proceeding?  
   364.    Joinder of parties  
   365.    Appearance and representation at hearing  
   366.    Interpreters  
   367.    Form and content of applications to the Mental Health Tribunal  
   368.    Principal registrar may reject certain applications  
   369.    Review by President  
   370.    Withdrawal of applications and striking out of proceeding  
   371.    Notice of hearing  
   372.    Multiple matters or proceedings in respect of one person may be held concurrently  
   373.    Access to documents  
   374.    Adjournment of certain hearings only in exceptional circumstances  
   375.    Hearings to be closed to the public  
   376.    Details of person not to be published without consent of President and subject person  
   377.    Determination of proceeding  
   378.    Questions of law  
   379.    Referral of question of law to Supreme Court  
   380.    Requesting a statement of reasons  
   381.    Correction of order or statement of reasons  
   382.    Validity of proceedings  
   383.    Review by VCAT  
   384.    Use of experts  
   385.    Witness summons  
   386.    Failure to comply with witness summons  
   387.    False or misleading information  
   388.    Contempt of the Mental Health Tribunal  

   PART 7.6--RULES COMMITTEE

   389.    Establishment of Rules Committee  
   390.    Functions of the Rules Committee  
   391.    Power to make rules and issue practice notes  
   392.    Membership of the Rules Committee  
   393.    Meeting procedure  
   394.    Validity of decisions of Rules Committee  

   PART 8.1--APPOINTMENT OF COMMUNITY VISITORS

   395.    Appointment of community visitors  
   396.    Terms and conditions of appointment of a community visitor  
   397.    Vacancy and resignation  
   398.    Removal from office  

   PART 8.2--FUNCTIONS AND POWERS OF COMMUNITY VISITORS

   399.    Functions of a community visitor  
   400.    Consideration of mental health and wellbeing principles  
   401.    Visits to prescribed premises by community visitors  
   402.    Request to see a community visitor  
   403.    Reasonable assistance to be given to community visitors  

   PART 8.3--COMMUNITY VISITORS MENTAL HEALTH BOARD

   404.    Establishment of the Community Visitors Mental Health Board  
   405.    Membership of the Community Visitors Mental Health Board  
   406.    Functions of the Community Visitors Mental Health Board  
   407.    Community Visitors Mental Health Board may refer a matter  

   PART 8.4--REPORTS AND CONFIDENTIALITY

   408.    Reports by community visitors and the Community Visitors Mental Health Board  
   409.    Annual report of Community Visitors Mental Health Board  
   410.    Confidentiality  

   PART 9.1--MENTAL HEALTH AND WELLBEING COMMISSION

           Division 1--Mental Health and Wellbeing Commission

   411.    Establishment of the Mental Health and Wellbeing Commission  
   412.    Common seal  
   413.    Objectives of the Mental Health and Wellbeing Commission  
   414.    Consideration of mental health and wellbeing principles  
   415.    Functions of the Mental Health and Wellbeing Commission  
   416.    Powers of the Mental Health and Wellbeing Commission  
   417.    Delegation  
   418.    Staff of the Mental Health and Wellbeing Commission  
   419.    Chief Executive Officer of the Mental Health and Wellbeing Commission  
   419A.   Meetings of the Mental Health and Wellbeing Commission  
   419B.   General procedure  
   419C.   Validity of acts or decisions  

           Division 2--Mental Health and Wellbeing Commissioners

   420.    Appointment of Mental Health and Wellbeing Commissioners  
   421.    Terms and conditions of appointment  
   422.    Vacancy and resignation  
   423.    Removal from office  
   424.    Acting appointment  
   425.    Protection from liability  
   426.    Functions and powers of a Mental Health and Wellbeing Commissioner  

           Division 3--Reports

   427.    Annual report  
   428.    Reports to the Parliament  
   429.    Content of reports tabled in Parliament  

   PART 9.2--COMPLAINTS

           Division 1--Making a complaint

   430.    Guiding principles of the Mental Health and Wellbeing Commission in relation to complaints  
   431.    Complaint by consumer  
   432.    Complaint by person (other than consumer)  
   433.    Complaint by carer, family member or supporter  
   434.    When can a complaint be made?  
   435.    How is a complaint made?  
   436.    Mental Health and Wellbeing Commission must provide reasonable assistance to a person making or confirming a complaint  
   437.    Record of complaint  
   438.    Preconditions to handling a complaint made on behalf of or in relation to a consumer  
   439.    Preconditions to handling a complaint made by carers, family members or supporters  
   440.    Preliminary options for responding to complaint—information  
   441.    Preliminary options for responding to complaint—early resolution options  
   442.    Complaints referred to the Mental Health and Wellbeing Commission  
   443.    Notifying entities that Commission will deal with referred complaints  
   444.    Notification by consumer who does not wish to be party to a complaint  
   445.    Withdrawal of complaint  

           Division 2--Procedure when a complaint is made to the Mental Health and Wellbeing Commission

   446.    Decision whether or not to deal with complaint  
   447.    Grounds for not dealing with a complaint  
   448.    Mental Health and Wellbeing Commission may refer complaints with or without complainant's consent  
   449.    Complaint to which National Law may also apply  
   450.    Notification of Mental Health and Wellbeing Commission's decision whether or not to deal with a complaint  
   451.    Decision on how the Mental Health and Wellbeing Commission will deal with a complaint  
   452.    Notification of complaint resolution process  
   453.    Complaint resolution agreements  
   454.    Mental Health and Wellbeing Commission may divide or concurrently deal with complaints  
   455.    Participation of mental health and wellbeing service provider in complaint resolution process  
   456.    Parties' withdrawal of agreement to complaint resolution process  
   457.    Mental Health and Wellbeing Commission may cease complaint resolution process  
   458.    Mental health and wellbeing service provider may be required to respond  
   459.    Mental Health and Wellbeing Commission's power to extend time limit  

           Division 3--Conciliation

   460.    Conciliation  
   461.    Party may be represented at conciliation  
   462.    Mental health and wellbeing service provider may be required to produce documents in conciliation  
   463.    Confidentiality of conciliation process  
   464.    Completion of conciliation  

           Division 4--Complaint handling standards and procedures for receiving, managing and resolving complaints

   465.    Mental Health and Wellbeing Commission must prepare complaint handling standards  
   466.    Mental Health and Wellbeing Commission must review complaint handling standards  
   467.    Amendment or revocation of complaint handling standards  
   468.    Date on which Order making or revoking complaint handling standards takes effect  
   469.    Mental health and wellbeing service provider must establish procedures for receiving, managing and resolving complaints  

           Division 5--Deferral of notification

   470.    Deferral of notification by the Mental Health and Wellbeing Commission  
   471.    Deferral of notification at the request of the National Board  
   472.    Deferral of notification at the request of the Disability Services Commissioner  
   473.    Deferral of notification at the request of the Health Complaints Commissioner  
   474.    Deferral of notification at the request of the Victorian Disability Worker Commissioner  

           Division 6--Judicial Proceedings Reports Act 1958

   474A.   Disclosure of information in the performance of functions not prevented by sections 3 and 4(1A) of Judicial Proceedings Reports Act 1958  
   474B.   Disclosure of information in the performance of functions not prevented by orders under Part 3 of Judicial Proceedings Reports Act 1958  

   PART 9.3--UNDERTAKINGS AND COMPLIANCE NOTICES

   475.    Undertakings and compliance notices while dealing with a complaint or during an investigation  

   PART 9.4--INVESTIGATIONS BY THE MENTAL HEALTH AND WELLBEING COMMISSION

           Division 1--Investigations

   476.    Investigation of a complaint by the Mental Health and Wellbeing Commission  
   477.    Referred investigations  
   478.    Own initiative investigations  
   479.    Mental Health and Wellbeing Commission must not conduct investigation while conciliation is on foot  
   480.    Notice of investigation  

           Division 5--of Part 9.2 provides for the deferral of the giving of notice under this section in certain circumstances.

   481.    Investigation report  
   482.    Persons to whom an investigation report must be given  
   483.    Response by mental health and wellbeing service provider  

           Division 2--Follow up investigations

   484.    Power of Mental Health and Wellbeing Commission to conduct a follow up investigation  
   485.    Notice of follow up investigation  
   486.    Commencement of follow up investigation  
   487.    Follow up investigation report  
   488.    Persons to whom follow up investigation report to be given  
   489.    Response by mental health and wellbeing service provider  

           Division 3--Conduct of investigations, authorised investigators and related powers

   490.    Conduct of investigations  
   491.    Investigation requirements if there is no hearing  
   492.    Investigation requirements if there is a hearing  
   493.    Authorised investigator  
   494.    Identification of authorised investigator  
   495.    Authorised investigator must produce identification  
   496.    Powers of entry to the premises of a mental health and wellbeing service provider  

           Division 4--Investigation notices, investigation hearings and powers related to investigation hearings

   497.    Power to compel production of documents and things or attendance of witnesses—investigation notice  
   498.    Offence to fail to comply with investigation notice  
   499.    Variation of investigation notice  
   500.    Power to take evidence on oath or affirmation in investigation hearing  
   501.    Powers in relation to documents and things produced during investigation hearing or under investigation notice  

   PART 9.5--COMPLIANCE NOTICES

   502.    Compliance notice  
   503.    Application for review—compliance notice  
   504.    Offence not to comply with compliance notice  

   PART 9.6--INQUIRIES

   505.    Power of the Mental Health and Wellbeing Commission to conduct inquiry  
   506.    Conduct of inquiry  
   507.    Inquiry report  

   PART 9.7--PROTECTIONS AND LEGAL REPRESENTATION

   508.    Compellability of a Mental Health and Wellbeing Commissioner or member of staff  
   509.    Protection of participants in an investigation  
   510.    Protection for persons who make a complaint  
   511.    Privilege against self-incrimination  
   512.    Legal professional privilege and client legal privilege  
   513.    Offence to threaten etc. complainant  
   514.    Offence to refuse to employ, dismiss or subject a person to detrimental action  
   515.    Offence to make false statements  
   516.    Legal representation  

   PART 9.8--CONFIDENTIALITY, INFORMATION COLLECTION AND INFORMATION SHARING

           Division 1--Disclosure of information

   517.    Non-disclosure of information—investigations and complaint data reviews  
   518.    Non-disclosure of information—complaint resolution processes  
   519.    Non-disclosure of information given in conciliation  
   520.    Non-disclosure of identifying information  
   521.    Mental Health and Wellbeing Commission may require information to be provided by mental health and wellbeing service provider  
   522.    Mental Health and Wellbeing Commission may give information to other bodies or jurisdictions  
   523.    Mental Health and Wellbeing Commission is authorised to receive information under the Health Practitioner Regulation National Law  
   524.    Requirement to provide reasonable assistance to the Mental Health and Wellbeing Commission  
   525.    Mental Health and Wellbeing Commission may collect information  
   526.    Mental Health and Wellbeing Commission may collect data and information from mental health and wellbeing service providers and data sharing bodies  
   527.    Information sharing agreements  

   PART 9.9--COMPLAINT DATA REVIEW

   528.    Power to conduct a complaint data review  
   529.    Conduct of a complaint data review  
   530.    Complaint data review report  
   531.    Persons to whom complaint data review report to be given  
   532.    Response by mental health and wellbeing service provider  

   PART 10.1--PRELIMINARY

   533.    Construction of references  

   PART 10.2--SECURE TREATMENT ORDER

   534.    What is a secure treatment order?  
   535.    Making a secure treatment order  
   536.    Notification of receipt of security patient subject to a secure treatment order  
   537.    Application to revoke secure treatment order  
   538.    Mental Health Tribunal hearing in relation to secure treatment order  
   539.    Discharge of person subject to a secure treatment order  

   PART 10.3--COURT SECURE TREATMENT ORDERS

   540.    Taking person subject to court secure treatment order from prison and transporting to designated mental health service  
   541.    Notification of receipt of security patient subject to a court secure treatment order  
   542.    Application to Mental Health Tribunal in relation to security patient subject to court secure treatment order  
   543.    Mental Health Tribunal hearing in relation to court secure treatment order  
   544.    Discharge of person subject to a court secure treatment order  

   PART 10.4--LEAVE OF ABSENCE

   545.    Grant of leave of absence  
   546.    Revocation of leave of absence  
   547.    Notification requirements for leave of absence  
   547A.   Authorised psychiatrist may arrange for security patient who is absent without leave to be transported to a designated mental health service  
   548.    Application to Mental Health Tribunal for review of decision not to grant leave of absence  

   PART 10.5--MONITORED LEAVE

   549.    Monitored leave application and grant  
   550.    Monitored leave conditions, duration and variation  
   551.    Matters to take into account for monitored leave  
   552.    Applicant profiles and leave plans for monitored leave  
   553.    Revocation of monitored leave  
   554.    Notification requirements for monitored leave  

   PART 10.6--TRANSPORTING SECURITY PATIENTS TO ANOTHER DESIGNATED MENTAL HEALTH SERVICE

   555.    Authorised psychiatrist may direct security patient to be transported to another designated mental health service  
   556.    Chief psychiatrist may direct security patient to be transported to another designated mental health service  
   557.    Role of authorised psychiatrist in transporting security patient to another designated mental health service  
   558.    Application to Mental Health Tribunal for review of direction to transport security patient to another designated mental health service  

   PART 10.7--GENERAL SECURITY PATIENT MATTERS

   559.    Cessation of security patient status  
   560.    Security conditions  
   561.    Notification and directions following discharge of security patient subject to court secure treatment order or secure treatment order  
   562.    Custody of security patients  
   563.    Warrant to arrest security patient absent without leave who leaves Victoria  

   PART 10.8--INTERSTATE SECURITY PATIENTS

   564.    Definitions for this Part  
   565.    Warrant to arrest interstate security patient who absconds to Victoria  
   566.    Orders that Magistrates' Court may make in respect of interstate security patients  
   567.    Translated sentence for interstate security patient  
   568.    Matters relating to translated sentences  
   569.    Definitions for this Chapter  
   570.    Notification when forensic patient received other than under section 571, 572, 573 or 574  
   571.    Authorised psychiatrist may direct forensic patient be transported to another designated mental health service  
   572.    Chief psychiatrist may direct forensic patient to be transported to another designated mental health service  
   573.    Role of authorised psychiatrist in transferring forensic patient  
   574.    Application to Forensic Leave Panel for review of decision to transport forensic patient to another designated mental health service  

           Division 3--of Part 7 of, and Schedule 2 to, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 deal with procedure of the Forensic Leave Panel.

   575.    Security conditions  
   576.    Leave of absence for forensic patient  
   576A.   Authorised psychiatrist may arrange for forensic patient who is absent without leave to be transported to a designated mental health service  
   577.    What is an intensive monitored supervision order?  
   578.    Intensive monitored supervision criteria  
   579.    Examination before application for an intensive monitored supervision order  
   580.    Information which must be provided with an application for an intensive monitored supervision order  
   581.    Application to Mental Health Tribunal for intensive monitored supervision order  
   582.    Mental Health Tribunal powers in respect of applications under this Chapter  
   583.    Intensive monitored supervision order  
   584.    Notice of making of order  
   585.    Facilities and supplies to be provided to patient subject to intensive monitored supervision order  
   586.    Intensive monitored supervision clinical committee  
   587.    Monitoring of patient subject to intensive monitored supervision order  
   588.    Intensive monitored supervision must end if patient no longer poses unacceptable risk  
   589.    Application for revocation of intensive monitored supervision order  
   590.    Review of use of intensive monitored supervision  
   591.    Report on use of intensive monitored supervision to be given to chief psychiatrist  
   592.    Immunity  

   PART 13.1--GENERAL

   593.    Corresponding laws and orders  
   594.    Ministerial agreements  
   595.    Victorian officers may exercise powers under corresponding laws  
   596.    Interstate officers may perform functions or exercise powers in Victoria  

   PART 13.2--ASSESSMENT UNDER VICTORIAN ORDERS INTERSTATE AND CORRESPONDING ORDERS IN VICTORIA

   597.    Assessment of person from Victoria at interstate mental health facility  
   598.    Assessment of interstate person in Victoria  

   PART 13.3--INTERSTATE TRANSFERS

   599.    Transfer out of Victoria of responsibility for treatment—with person's consent  
   600.    Interstate transfer of person—with person's consent  
   601.    Transfer out of Victoria of responsibility for treatment (interstate transfer of treatment order)—without person's consent  
   602.    Interstate transfer of person—without person's consent  
   603.    Information to be given to transferring patient  
   604.    Other entities to be notified of making of transfer order  
   606.    Transfer of a person to Victoria  

   PART 13.4--INTERSTATE APPLICATION OF VICTORIAN ORDERS

   607.    Interstate application of Victorian orders  

   PART 13.5--PERSONS ABSENT WITHOUT LEAVE WHO ARE INTERSTATE

   608.    Persons absent without leave from interstate facilities  
   609.    Persons absent without leave from designated mental health service  

   PART 14.1--PRELIMINARY

   610.    Victorian Institute of Forensic Mental Health  
   611.    Trading name  
   612.    Institute represents the Crown  
   613.    Functions of the Institute  
   614.    Powers of the Institute  
   615.    Consideration of mental health and wellbeing principles  

   PART 14.2--INSTITUTE BOARD

   616.    Institute Board  
   617.    Functions of Institute Board  
   618.    Constitution of Institute Board  
   619.    Appointment of directors  
   620.    Terms and conditions of appointment of directors  
   621.    Resignation and removal from office  
   622.    Protection from liability  
   623.    Validity of acts or decisions  
   624.    Procedure of Institute Board  
   625.    Guidelines of Minister  
   626.    Appointment of delegate to Institute Board  
   627.    Functions of delegate  
   628.    Obligations of Institute Board to delegate  

   PART 14.3--GENERAL

   629.    Chief executive officer  
   630.    Other employees  
   631.    Minister may issue directions to Institute  
   632.    Health Secretary may issue directions to Institute  
   633.    Strategic plan  
   634.    Statement of priorities  
   635.    Institute Board to give notice of significant events  

   PART 14.4--DUTY OF CANDOUR

   636.    Definitions  
   637.    Duty of candour  
   638.    Apology not admission of liability  
   639.    Non-compliance with duty of candour  

   PART 15.1--VICTORIAN COLLABORATIVE CENTRE FOR MENTAL HEALTH AND WELLBEING

           Division 1--Establishment, functions and powers

   640.    Establishment  
   641.    Official seal  
   642.    Centre represents the Crown  
   643.    Functions of the Centre  
   644.    Powers of the Centre  
   645.    Consideration of mental health and wellbeing principles  
   646.    Centre to enter into agreements with designated mental health service and academic institution  

           Division 2--Centre Board

   647.    Centre Board  
   648.    Functions of the Centre Board  
   649.    Remuneration  
   650.    Terms of office  
   651.    Resignation  
   652.    Removal from office  
   653.    Chairperson  
   654.    Acting chairperson  
   655.    Meetings of the Centre Board  
   656.    Establishment of committees  
   657.    Guidelines  
   658.    Delegation  

           Division 3--Directors and staff

   659.    Directors  
   660.    Acting Director  
   661.    Functions and powers of the Directors  
   662.    Delegation  
   663.    Staff  

           Division 4--Directions, guidelines, statements of priorities and strategic plans

   664.    Minister may issue directions  
   665.    Minister may issue guidelines  
   666.    Statement of priorities  
   667.    Strategic plan  

           Division 5--Reports

   668.    Annual report  
   669.    Reports to the Minister and the Health Secretary  
   670.    Reports to the Minister  

           Division 6--Information collection

   671.    Centre may collect information  

   PART 15.2--REVIEW OF OPERATION

   672.    Review of operation of Centre's governance model  

   PART 16.1--YOUTH MENTAL HEALTH AND WELLBEING VICTORIA

           Division 1--Establishment, functions and powers

   673.    Establishment  
   674.    Official seal  
   675.    Youth Mental Health and Wellbeing Victoria represents the Crown  
   676.    Functions of Youth Mental Health and Wellbeing Victoria  
   677.    Powers of Youth Mental Health and Wellbeing Victoria  
   678.    Consideration of mental health and wellbeing principles  

           Division 2--The Youth Mental Health and Wellbeing Board

   679.    Youth Mental Health and Wellbeing Board  
   680.    Constitution and appointment of Youth Mental Health and Wellbeing Board  
   681.    Functions of the Youth Mental Health and Wellbeing Board  
   682.    Remuneration  
   683.    Terms of office  
   684.    Resignation  
   685.    Removal from office  
   686.    Delegation  
   687.    Validity of acts or decisions  
   688.    Chairperson  
   689.    Procedure of the Youth Mental Health and Wellbeing Board  
   690.    Establishment of committees  
   691.    Guidelines  
   692.    Staff  

           Division 3--Delegates

   693.    Appointment of delegates  
   694.    Term of appointment  
   695.    Resignation and revocation of appointment  
   696.    Functions of delegate  
   697.    Obligations of the Youth Mental Health and Wellbeing Board to a delegate  

   PART 16.2--DIRECTIONS, GUIDELINES, STATEMENTS OF PRIORITIES, STRATEGIC PLANS AND SERVICE AGREEMENTS

   698.    Minister may issue directions  
   699.    Strategic plan  
   700.    Statement of priorities  
   701.    Notice to Minister and Health Secretary of matters of public concern or risk  
   702.    Health Secretary may issue directions to Youth Mental Health and Wellbeing Victoria  
   703.    Service agreements  

   PART 16.3--DECLARED OPERATORS PROVIDING YOUTH MENTAL HEALTH AND WELLBEING SERVICES

           Division 1--Declared operators

   704.    Declared operators  
   705.    Entities that are designated mental health services as a result of declaration under section 704  
   706.    Functions of a declared operator under a service agreement with Youth Mental Health and Wellbeing Victoria  
   707.    Statement of priorities with declared operators  

           Division 2--Suspension of services or appointment of administrator

   708.    Powers of Minister  
   709.    Suspension of admission of patients  
   710.    Appointment of administrator  
   711.    Administrator may recommend termination of service agreement  
   712.    Application for review by VCAT  
   713.    Displacement of other law—appointment of administrator provisions  

   PART 16.4--GENERAL

   714.    Youth Mental Health and Wellbeing Victoria may collect information  
   715.    Disclosure of information  
   716.    Mental health and wellbeing service provider may be audited  
   717.    Powers of auditors  
   718.    Confidentiality requirements  
   719.    Annual report  

   PART 17.1--DISCLOSURE OF HEALTH INFORMATION

           Division 1--Information sharing principles

   720.    Information sharing principles  
   721.    Entity to give proper consideration to information sharing principles  
   722.    Disclosure, collection and use of information principle  
   723.    Dignity of person paramount principle  
   724.    Aboriginal and Torres Strait Islander information principle  
   725.    Accessibility of information principle  
   726.    Accuracy of information principle  

           Division 2--Electronic health information system

   727.    Electronic health information system  
   728.    Information from electronic health information system  

           Division 3--Disclosure of health information

   729.    Disclosure of health information with consent of person  
   730.    Permitted disclosure of health information without consent of person  
   731.    Disclosure at key points of care  
   732.    Mental health and wellbeing service provider may refuse to disclose despite consent  

           Division 4--Information sharing between mental health and wellbeing service providers and specified service providers

   733.    Collection, use and disclosure of personal or health information  
   734.    Health information to be shared with emergency service providers  

           Division 5--Offences

   735.    Offence to use or disclose electronic health information system information without authorisation  
   736.    Offence to use electronic health information system in a manner unauthorised  
   737.    Offence to damage, destroy or remove electronic health information system information without authorisation  
   738.    Destroying or damaging information held by mental health and wellbeing service providers  

   PART 17.2--HEALTH INFORMATION STATEMENTS

   739.    Statement following health information refusal  
   740.    Health information statement  

   PART 17.3--NOTIFICATION OF REPORTABLE DEATHS

   741.    Chief psychiatrist to be notified of reportable deaths  
   742.    Notification of death of security patient or forensic patient  

   PART 17.4--MENTAL HEALTH AND WELLBEING SURCHARGE

   743.    Mental health and wellbeing surcharge—appropriation of Consolidated Fund  

   PART 17.5--MISCELLANEOUS PROVISIONS

           Division 1--General

   744.    Power to commence a proceeding  
   745.    Payment for examination  
   746.    Offence to give false or misleading information  
   747.    Destroying or damaging records  
   748.    Privilege against self-incrimination  
   749.    Validity of order if there is an error  
   750.    Defect in appointment or delegation  
   751.    Conflict of interest  
   752.    Service of documents  
   753.    Immunity—Part 17.1  

           Division 2--Codes of Practice

   754.    Purpose of Codes of Practice  
   755.    Making of Codes of Practice  
   756.    Commencement and availability of Codes of Practice  
   757.    Codes of Practice may apply, adopt or incorporate  

           Division 3--Review of this Act

   758.    Review of this Act   

           Division 4--Regulations

   759.    Regulations  
   760.     Fees  

   PART 18.1--REPEALS

   761.    Repeal of Mental Health Act 2014 and Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021  

   PART 18.2--SAVINGS AND TRANSITIONAL PROVISIONS

   762.    Application of Interpretation of Legislation Act 1984  
   763.    Mental Health Tribunal  
   764.    Rules Committee  
   765.    Chief psychiatrist and authorised officers  
   766.    Reportable deaths  
   767.    Victorian Collaborative Centre for Mental Health and Wellbeing  
   768.    Community visitors  
   769.    Right to communicate  
   770.    Advance statements  
   771.    Nominated persons  
   772.    Medical treatment  
   773.    Second psychiatric opinions  
   774.    Electroconvulsive treatment  
   775.    Neurosurgery for mental illness  
   776.    Seclusion and bodily restraint  
   777.    Victorian Institute of Forensic Mental Health  
   778.    Electronic health information system  
   779.    Assessment orders  
   780.    Court assessment orders  
   781.    Temporary treatment orders  
   782.    Treatment orders  
   783.    Regulations dealing with transitional matters  

   PART 19.1--CONSEQUENTIAL AMENDMENTS

           Division 1--Child Wellbeing and Safety Act 2005

   784.    Disclosure of information or documents  
   785.    Disclosures made in good faith  
   786.    Disclosing information to other authorities  
   787.    Schedule 1—Entities subject to Child Safe Standards  
   788.    Entities to which the reportable conduct scheme applies on and after commencement of Part 5A  

           Division 2--Children, Youth and Families Act 2005

   789.    Definitions  
   790.    Reporters and referrers protected  
   791.    Reporters protected  
   792.    Disclosure and use of information under this Act  
   793.    Disclosure of information in course of consultation by a community-based child and family service  
   794.    Protection of givers of information  

           Division 3--Co-operative Housing Societies Act 1958

   795.    Board of directors  

           Division 4--Commission for Children and Young People Act 2012

   796.    Definitions  
   797.    Disclosers protected  
   798.    Disclosing information to other authorities  

           Division 5--Coroners Act 2008

   799.    Definitions  
   800.    Reportable death  
   801.    General obligation to report death  

           Division 6--Corrections Act 1986

   802.    Agreements with the Chief Commissioner  
   803.    Prisoners rights  
   804.    Certain confidential letters and parcels may be inspected  
   805.    Legal custody of prisoners and detainees transferred to institutions and designated mental health services  
   806.    Release on parole after service of non-parole period  
   807.    Police custody officers to transport persons at Chief Commissioner's direction  
   808.    General power to authorise transfers of detained persons  
   809.    Definitions  
   810.    Authorisation to use or disclose information  

           Division 7--Crimes Act 1958

   811.    Definitions  
   812.    Protection of those who disclose under section 327  
   813.    Definitions  
   814.    Questioning or investigation of person already held for another matter  

           Division 8--Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

   815.    Definitions  
   816.    Warrant to arrest child breaching non-custodial supervision order who leaves Victoria  
   817.    Certificate of available services  
   818.    Suspension and revocation of extended leave  
   819.    Warrant to arrest person who absconds to Victoria  

           Division 9--Criminal Procedure Act 2009

   820.    Definitions  

           Division 10--Disability Act 2006

   821.    Definitions  

           Division 11--Disability Service Safeguards Act 2018

   822.    Definitions  

           Division 12--Duties Act 2000

   823.    Health centres and services  

           Division 13--Firearms Act 1996

   824.    Application to carry on business  
   825.    Immunity from liability  

           Division 14--Gambling Regulation Act 2003

   826.    Payments from the Mental Health Fund  

           Division 15--Guardianship and Administration Act 2019

   827.    Powers of inspection  

           Division 16--Health Complaints Act 2016

   828.    Definitions  

           Division 16A--Health Records Act 2001

   829.    Definitions  
   830.    Health Complaints Commissioner may issue, approve or vary guidelines  
   831.    Fees  

           Division 17--Health Services Act 1988

   832.    Definitions  
   833.    Public hospital services principles  
   834.    Definition—Division 1 of Part 3  
   835.    Definition—Division 1A of Part 3  
   836.    Definitions—Part 6B  
   837.    Quality assurance  

           Division 18--Human Services (Complex Needs) Act 2009

   838.    Definitions  
   839.    Who is an eligible person?  

           Division 19--Independent Broad-based Anti‑corruption Commission Act 2011

   840.    Definitions  

           Division 20--International Transfer of Prisoners (Victoria) Act 1998

   841.    Functions of the Minister  

           Division 21--Juries Act 2000

   842.    Persons ineligible to serve as jurors  

           Division 22--Land Tax Act 2005

   843.    Health centres and services  

           Division 23--Legal Aid Act 1978

   844.    Functions and powers  

           Division 24--Magistrates' Court Act 1989

   845.    Definitions  

           Division 25--Medical Treatment Planning and Decisions Act 2016

   846.    Purposes  
   847.    Definitions  
   848.    Application of Part  
   849.    Who is a person's medical treatment decision maker?  
   850.    Disclosure of health information to medical treatment decision maker or support person  

           Division 26--Ombudsman Act 1973

   851.    Letters by persons in custody etc. to be forwarded immediately to the Ombudsman and Schedule 3 amended  

           Division 27--Payroll Tax Act 2007

   852.    Victoria specific provisions  

           Division 28--Privacy and Data Protection Act 2014

   853.    Information Commissioner may refer complaint  

           Division 29--Property Law Act 1958

   854.    Conveyances on behalf of patients  
   855.    Power for Court to settle the beneficial interests of a represented patient  

           Division 30--Public Administration Act 2004

   856.    What are special bodies?  
   857.    Persons with functions of public service body Head  

           Division 31--Public Health and Wellbeing Act 2008

   858.    Disclosure of information held by a prescribed Consultative Council  

           Division 32--Residential Tenancies Act 1997

   859.    Definitions  

           Division 33--Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015

   860.    Application of ratios  

           Division 34--Sentencing Act 1991

   861.    Definitions  
   862.    Special reasons relevant to imposing minimum non‑parole periods  
   863.    Court powers following Court Assessment Order  
   864.    Effect and duration of Court Secure Treatment Order  

           Division 35--Serious Offenders Act 2018

   865.    Definitions  
   866.    Offenders' rights  
   867.    Search inside premises  
   868.    Sharing of information  
   869.    Sharing information with health care providers  

           Division 36--Sex Offenders Registration Act 2004

   870.    Definitions  

           Division 37--Summary Offences Act 1966

   871.    Scheduled public places  

           Division 38--Supported Residential Services (Community Visitors) Act 2010

   872.    Meaning of supported residential service  

           Division 39--Tobacco Act 1987

   873.    Enclosed workspaces: offence by smoker  

           Division 40--Transport Accident Act 1986

   874.    Definitions  

           Division 41--Trustee Act 1958

   875.    Power of appointing new or additional trustees  
   876.    Power of Court to appoint new trustees  
   877.    Vesting orders  
   878.    Vesting order in place of conveyance by minor or mentally ill mortgagee  

           Division 42--Victims of Crime Assistance Act 1996

   879.    Time for making application  
   880.    Reasonable time for reporting act of violence  

           Division 43--Victorian Inspectorate Act 2011

   881.    Definitions  

           Division 44--Voluntary Assisted Dying Act 2017

   882.    Definitions  
   883.    Eligibility criteria for access to voluntary assisted dying  

           Division 45--Workplace Injury Rehabilitation and Compensation Act 2013

   884.    Definitions  

   PART 19.2--REPEAL OF CHAPTER

   885.    Repeal of Chapter  
           ENDNOTES


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