MENTAL HEALTH ACT 2014

Western Australian Current Acts

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MENTAL HEALTH ACT 2014

TABLE OF PROVISIONS

PART 1 -- Preliminary matters

1. Short title
2. Commencement
3. Act binds Crown

PART 2 -- Terms and concepts

Division 1 -- Definitions and notes

4. Terms used
5. Notes and examples not part of Act

Division 2 -- Mental illness

6. When person has a mental illness

Division 3 -- Best interests of a person

7. Matters relevant to decision about person’s best interests

Division 4 -- Wishes of a person

8. Matters relevant to ascertaining person’s wishes

Division 5 -- Communicating with a person

9. Language, form of communication and terms to be used

PART 3 -- Objects

10. Objects

PART 4 -- Charter of Mental Health Care Principles

11. Regard to be had to Charter
12. Compliance with Charter by mental health services

PART 5 -- Decision making capacity and informed consent

Division 1 -- Decision making capacity generally

13. Capacity of adult to make decisions
14. Capacity of child to make decisions
15. Determining capacity to make decisions

Division 2 -- Informed consent to treatment

16. Requirements for informed consent
17. People who can give informed consent
18. Determining capacity to make treatment decision
19. Explanation of proposed treatment must be given
20. Sufficient time for consideration

PART 6 -- Involuntary patients

Division 1 -- When a person will be an involuntary patient

21. Involuntary patient
22. Inpatient treatment order
23. Community treatment order
24. Making involuntary treatment order
25. Criteria for involuntary treatment order

Division 2 -- Referrals for examination

Subdivision 1 -- Person suspected of needing involuntary treatment order

26. Referral for examination at authorised hospital or other place
27. Person to be taken to authorised hospital or other place as soon as practicable
28. Detention to enable person to be taken to authorised hospital or other place
29. Making transport order
30. Effect of referral on community treatment order
31. Revoking referral

Subdivision 2 -- Voluntary inpatient admitted by authorised hospital

32. Application of this Subdivision
33. Effect of admission on community treatment order
34. Person in charge of ward may order assessment
35. Revoking order for assessment
36. Referral for examination at authorised hospital
37. Revoking referral

Subdivision 3 -- Requirements for referral

38. Application of this Subdivision
39. No referral without assessment
40. Time limit for making referral
41. Form of referral
42. Providing information contained in referral to person referred
43. Copy of referral must be filed
44. Period of referral made under s. 26(2) or (3)(a)
45. Extending referral made outside metropolitan area
46. Changing place where examination will be conducted

Subdivision 4 -- Conduct of assessment

47. Application of this Subdivision
48. How assessment must be conducted
49. Information to which practitioner may have regard
50. Assessment of person of Aboriginal or Torres Strait Islander descent

Division 3 -- Examinations

Subdivision 1 -- Examination at authorised hospital

51. Application of this Subdivision
52. Detention for examination on referral made under s. 26(2)
53. Detention for examination on referral made under s. 36(2)
54. Conducting examination
55. What psychiatrist must do on completing examination
56. Effect of order for continuation of detention

Subdivision 2 -- Examination at place that is not authorised hospital

57. Application of this Subdivision
58. Detention for examination
59. Detention at place outside metropolitan area
60. Conducting examination
61. What psychiatrist must do on completing examination
62. Detention to enable person to be taken to hospital
63. Making transport order

Subdivision 3 -- Inpatient treatment order authorising detention at general hospital

64. Application of this Subdivision
65. Treating psychiatrist must report regularly to Chief Psychiatrist
66. Transfer from general hospital to authorised hospital
67. Making transport order
68. Confirmation of inpatient treatment order

Subdivision 4 -- Order for further examination at authorised hospital

69. Application of this Subdivision
70. Detention at authorised hospital
71. Conducting examination at authorised hospital
72. What psychiatrist must do on completing examination

Subdivision 5 -- Examination without referral

73. Application of this Subdivision
74. Conducting examination
75. What psychiatrist may do on completing examination
76. Confirmation of community treatment order

Subdivision 6 -- Conduct of examination

77. Application of this Subdivision
78. Referring psychiatrist cannot conduct examination
79. How examination must be conducted
80. Information to which examiner may have regard
81. Examination of person of Aboriginal or Torres Strait Islander descent

PART 7 -- Detention for examination or treatment

Division 1 -- Preliminary matters

82. Application of this Part

Division 2 -- Detention at authorised hospital or other place for examination

83. Detention authorised

Division 3 -- Detention at hospital under inpatient treatment order

84. Application of this Division
85. Terms used
86. Detention authorised
87. Period that must be specified in inpatient treatment order
88. Period for which detention is authorised
89. Examination before end of each detention period
90. Changing involuntary inpatient’s status
91. Transfer between authorised hospitals
92. Making transport order
93. Involuntary inpatient to be advised of expiry

Division 4 -- Release from hospital or other place

94. Application of this Division
95. Person must be allowed to leave
96. Delivery into custody under another law

Division 5 -- Absence without leave from hospital or other place

97. Persons who are absent without leave
98. Making apprehension and return order
99. Operation of apprehension and return order
100. Period of apprehension and return order
101. Revocation of apprehension and return order
102. Return of person to place where apprehended

Division 6 -- Leave of absence from detention at hospital under inpatient treatment order

Subdivision 1 -- Preliminary matters

103. Application of this Division
104. Term used: leave of absence

Subdivision 2 -- Grant, extension, variation or cancellation of leave

105. Granting leave
106. Extending or varying leave granted
107. Involuntary inpatient must comply with conditions of leave
108. Monitoring involuntary inpatient on leave
109. Changing involuntary inpatient’s status while inpatient on leave
110. Cancelling leave

Subdivision 3 -- Transport to and from hospital

111. Application of this Subdivision
112. Making transport order

PART 8 -- Community treatment orders

Division 1 -- Preliminary matters

113. Terms used

Division 2 -- Making order

114. Things psychiatrist must be satisfied of before making order
115. Terms of order

Division 3 -- Operation of order

116. Duration of order
117. Advice about when and where treatment to be provided
118. Monthly examination of patient
119. Supervising psychiatrist may request practitioner to examine involuntary community patient
120. What supervising psychiatrist may do after examination
121. Continuation order
122. Varying order
123. Making inpatient treatment order or revoking community treatment order
124. Confirmation of inpatient treatment order
125. Involuntary community patient to be advised of expiry

Division 4 -- Breach of order

126. When involuntary community patient will be in breach
127. What supervising psychiatrist must do if order breached
128. Order to attend if non-compliance continues
129. Making transport order
130. Detention at place specified in order to attend
131. Other action that may be taken if non-compliance

Division 5 -- Transport to hospital

132. Application of this Division
133. Making transport order

Division 6 -- Supervising psychiatrist and treating practitioner

134. Supervising psychiatrist
135. Change of supervising psychiatrist
136. Treating practitioner
137. Change of treating practitioner

PART 9 -- Notifiable events

Division 1 -- Preliminary matters

138. Application of this Part

Division 2 -- Notification of carers, close family members and other personal support persons

139. Right of any carer, close family member or other personal support person to be notified
140. Person responsible required to notify any carer, close family member or other personal support person
141. Reasonable efforts to notify carer, close family member or other personal support person
142. Notification not in person’s best interests
143. Advising carer, close family member or other personal support person of decision
144. Revocation of decision

Division 3 -- Notification of other persons and bodies

145. Making, revocation or expiry of involuntary treatment order

Division 4 -- Notification of Mental Impairment Review Tribunal about absence of supervised persons

145A. Notification about absence of supervised persons

PART 10 -- Transport orders

146. Application of this Part
147. Transport officers
148. Making transport order
149. Operation of transport order
150. Period of transport order
151. Extension of transport order made under s. 29(1) if referral extended
152. Extension of other transport orders
153. Revocation of transport order if referral revoked
154. Revocation of transport order if no longer needed
155. Return of person if transport order expires or is revoked

PART 11 -- Apprehension, search and seizure powers

Division 1 -- Apprehension powers

156. Apprehension by police officer of person suspected of having mental illness
157. Assessment of person arrested
158. Police must be notified when person leaves
159. Apprehension of other persons

Division 2 -- Search and seizure powers

160. Term used: approved form
161. Authorised persons
162. Search of person while detained or admitted
163. Conduct of search
164. Seizure of articles
165. Record of search and seizure
166. Dealing with articles seized when person apprehended
167. Return of articles given to or seized by mental health service
168. Return of articles given to medical practitioner or authorised mental health practitioner
169. Approval of forms for use by police officers under this Division

PART 12 -- Exercise of certain powers

Division 1 -- Detention powers

170. Principles relating to detention

Division 2 -- Ancillary powers: reasonable assistance and force and directions

171. Term used: prescribed provision
172. Reasonable assistance and reasonable force authorised
173. Duty to obey directions
174. Other written laws not affected

PART 13 -- Provision of treatment generally

Division 1 -- Voluntary patients

175. Informed consent necessary
176. Informed consent must be filed

Division 2 -- Involuntary patients and supervised persons

177. Application of this Division
178. Informed consent not necessary
179. Patient’s psychiatrist must ensure regard had to patient’s wishes
180. Requirements for ascertaining patient’s wishes
181. Record of treatment to be filed
182. Further opinion may be requested
183. Request for additional opinion may be refused
184. Chief Psychiatrist may request reconsideration of treatment

Division 3 -- Treatment, support and discharge planning

185. Application of this Division
186. Treatment, support and discharge plan
187. Preparation and review of plan
188. Involvement in preparation and review of plan

Division 4 -- Provision of treatment to patients of Aboriginal or Torres Strait Islander descent

189. Provision of treatment to patient of Aboriginal or Torres Strait Islander descent

Division 5 -- Compliance with standards and guidelines

190. Mental health service must comply with standards
191. Mental health service must take guidelines into account

PART 14 -- Regulation of certain kinds of treatment and other interventions

Division 1 -- Electroconvulsive therapy

192. Electroconvulsive therapy (ECT): meaning
193. ECT offence
194. ECT on child under 14 years prohibited
195. ECT on child over 14 years who is voluntary patient
196. ECT on child over 14 years who is involuntary patient or supervised person
197. ECT on adult voluntary patient
198. ECT on adult involuntary patient or supervised person
199. Emergency ECT on adult involuntary patient or supervised person
200. Report to Mental Impairment Review Tribunal
201. Statistics about ECT

Division 2 -- Emergency psychiatric treatment

202. Emergency psychiatric treatment: meaning
203. Informed consent not required
204. Record of emergency psychiatric treatment

Division 3 -- Psychosurgery

205. Psychosurgery: meaning
206. Psychosurgery offence
207. Psychosurgery on child under 16 years prohibited
208. Psychosurgery on adult or child over 16 years old
209. Report to Chief Psychiatrist and Mental Impairment Review Tribunal

Division 4 -- Deep sleep and insulin coma therapy

210. Deep sleep and insulin coma therapy prohibited

Division 5 -- Seclusion

211. Terms used
212. Seclusion: meaning
213. Seclusion must be authorised
214. Giving oral authorisation
215. Making seclusion order
216. Criteria for authorising seclusion
217. Treating psychiatrist (if any) to be informed
218. Extending seclusion order
219. Revoking seclusion order
220. Release of person on revocation or expiry of seclusion order
221. Record of seclusion order expiring
222. Requirements relating to seclusion
223. Examination of person released from seclusion
224. Report to Chief Psychiatrist and Mental Impairment Review Tribunal
225. Reasonable assistance and force authorised

Division 6 -- Bodily restraint

226. Terms used
227. Bodily restraint: meaning
228. Principles relating to use of bodily restraint
229. Bodily restraint must be authorised
230. Giving oral authorisation
231. Making bodily restraint order
232. Criteria for authorising bodily restraint
233. Treating psychiatrist (if any) must be informed
234. Varying bodily restraint order
235. Revoking bodily restraint order
236. Release of person on revocation or expiry of bodily restraint order
237. Record of bodily restraint order expiring
238. Requirements relating to bodily restraint
239. Examination of person when released
240. Report to Chief Psychiatrist and Mental Impairment Review Tribunal

PART 15 -- Health care of people in hospitals

Division 1 -- Examination to assess person’s physical condition

241. Physical examination on arrival at hospital

Division 2 -- Urgent non-psychiatric treatment for involuntary inpatients and supervised persons

242. Provision of urgent non-psychiatric treatment: report to Chief Psychiatrist

PART 16 -- Protection of patients’ rights

Division 1 -- Patients’ rights generally

Subdivision 1 -- Explanation of rights

243. Application of this Subdivision
244. Rights to be explained to person
245. Person’s rights to be explained to another person
246. Person responsible for ensuring explanation is provided

Subdivision 2 -- Access to records about patients and former patients

247. Term used: relevant document
248. Right to access medical record and other documents
249. Restrictions on access
250. Providing access to medical practitioner or legal practitioner
251. Disclosure by medical practitioner or legal practitioner

Subdivision 3 -- Duties of staff of mental health services toward patients

252. Term used: mental health service
253. Duty not to ill-treat or wilfully neglect patients
254. Duty to report certain incidents

Division 2 -- Additional rights of inpatients in hospitals

Subdivision 1 -- Admission of voluntary inpatients by authorised hospitals

255. Admission by medical practitioner
256. Confirmation of admission by psychiatrist
257. Reasons for refusing to admit or confirm admission

Subdivision 2 -- Rights of inpatients generally

258. Application of this Subdivision
259. Personal possessions
260. Interview with psychiatrist
261. Freedom of lawful communication
262. Restrictions on freedom of communication

Division 3 -- Nominated persons

Subdivision 1 -- Purpose and effect of nomination

263. Role of nominated person
264. Effect of nomination

Subdivision 2 -- Right to information, and to be involved in matters, relating to patient’s treatment and care

265. Application of this Subdivision
266. Rights of nominated person
267. Responsibility of patient’s psychiatrist
268. Contacting nominated person
269. Provision of information or involvement not in patient’s best interests
270. Advising nominated person of decision
271. Revocation of decision
272. Rights in another capacity not affected

Subdivision 3 -- Making and ending nomination

273. Who can make nomination
274. Who can be nominated
275. Formal requirements
276. Only one nominated person
277. Revocation of nomination
278. Resignation of nominated person
279. Notification of revocation or resignation

PART 17 -- Recognition of rights of carers and families

Division 1 -- Role of carers and families

280. Carers
281. Close family members
282. Acknowledgment of and respect for role of carers and close family members
283. More than one carer or close family member

Division 2 -- Information about and involvement in patient’s treatment and care

284. Application of this Division
285. Rights of carers and close family members
286. Voluntary patient with capacity to consent
287. Voluntary patient with no capacity to consent
288. Involuntary patient or supervised person with capacity to consent
289. Involuntary patient or supervised person with no capacity to consent
290. Responsibility of patient’s psychiatrist
291. Contacting carer or close family member
292. Provision of information or involvement not in patient’s best interests
293. Advising carer or close family member of decision
294. Revocation of decision
295. Rights in another capacity not affected

Division 3 -- Identifying carer or close family member

296. When being admitted or received
297. While being provided with treatment or care
298. Person can withdraw consent, or can consent, at any time

PART 18 -- Children who have a mental illness

299. Best interests of child is a primary consideration
300. Child’s wishes
301. Views of child’s parent or guardian
302. Child who is a voluntary patient
303. Segregation of children from adult inpatients
304. Off-label treatment provided to child who is involuntary patient

PART 19 -- Complaints about mental health services

Division 1 -- Preliminary matters

305. Terms used
306. Making complaint to service provider or Director of Complaints Office
307. Divisions 3 and 4 to be read with Health and Disability Services (Complaints) Act 1995

Division 2 -- Complaints to service providers

308. Service provider must have complaints procedure
309. Prescribed service providers must provide Director with information about complaints

Division 3 -- Complaints to Director of Complaints Office

Subdivision 1 -- Preliminary matters

310. Parties themselves may resolve complaint
311. Things done by or in relation to complainant

Subdivision 2 -- Director of Complaints Office

312. Functions of Director
313. Directions by Minister
314. Minister to have access to specified information about Director’s functions

Subdivision 3 -- Right to complain

315. Who may complain
316. Representative of person with mental illness or carer
317. Representative must not be paid
318. Service provider may complain on behalf of person with mental illness or carer
319. Registration board may complain on behalf of person with mental illness or carer
320. Who and what can be complained about
321. Time for complaining

Subdivision 4 -- Initial procedures

322. How to complain
323. Referral of complaint about excluded mental health service
324. Withdrawal of complaint
325. Complainant should try to resolve matter
326. Complaint that is not to be dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)
327. Complaint that is being dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)
328. Preliminary decision by Director
329. Rejection, deferral or referral of complaints
330. Response by respondent

Subdivision 5 -- Negotiated settlements and conciliation

331. Resolving complaints by negotiation
332. Conciliation of complaints

Subdivision 6 -- Investigations

333. Conduct generally
334. Power to require information and records
335. Warrant to enter and inspect premises
336. Conciliator cannot investigate

Subdivision 7 -- Consequences of investigation

337. What Director must do on completing investigation
338. Respondent or other person to report on remedial action
339. Report not provided or remedial action not taken: report to Parliament

Subdivision 8 -- Other matters relating to investigations

340. Director to stop if other proceedings begun
341. Minister may refer matters for investigation
342. Confidentiality

Division 4 -- Miscellaneous matters

343. Reports to Parliament
344. False or misleading information or documents
345. Person must not be penalised because of complaint or investigation
346. Registers: complaints, matters directed to be investigated
347. Delegation by Director

PART 20 -- Mental health advocacy services

Division 1 -- Preliminary matters

348. Terms used

Division 2 -- Mental health advocates: appointment or engagement, functions and powers

Subdivision 1 -- Appointment or engagement, functions and powers

349. Chief Mental Health Advocate
350. Other mental health advocates
351. Functions of Chief Mental Health Advocate
352. Functions of mental health advocates
353. Powers generally
354. Directions to Chief Mental Health Advocate about general matters
355. Directions to Chief Mental Health Advocate to report on particular issues

Subdivision 2 -- Contacting identified person or person with sufficient interest

356. Request to contact identified person
357. Duty to contact identified person
358. Contact on mental health advocate’s own initiative

Subdivision 3 -- Specific powers of mental health advocates

359. Specific powers of mental health advocates
360. Documents to which access is restricted
361. Disclosure by mental health advocate
362. Interfering with exercise of powers
363. Issues arising out of inquiries and investigations

Division 3 -- Terms and conditions of appointment or engagement

Subdivision 1 -- Chief Mental Health Advocate

364. Terms and conditions of appointment
365. Remuneration
366. Resignation
367. Removal from office
368. Acting Chief Mental Health Advocate

Subdivision 2 -- Other mental health advocates

369. Terms and conditions of engagement
370. Remuneration
371. Resignation
372. Removal from office

Division 4 -- Other matters relating to mental health advocates

373. Conflict of interest
374. Delegation by Chief Mental Health Advocate

Division 5 -- Staff and facilities

375. Advocacy services staff
376. Use of government staff and facilities

Division 6 -- Annual reports

377. Annual report: preparation
378. Annual report: tabling

PART 21 -- Mental Health Tribunal

Division 1 -- Preliminary matters

379. Terms used

Division 2 -- Establishment, jurisdiction and constitution

380. Establishment
381. Jurisdiction
382. Constitution specified by President
383. Constitution generally
384. Constitution for psychosurgical matters
385. Contemporaneous exercise of jurisdiction

Division 3 -- Involuntary treatment orders: review

386. Initial review after order made
387. Periodic reviews while order in force
388. Involuntary patient for continuous period
389. Review period may be extended
390. Application for review
391. Review on Tribunal’s own initiative
392. Suspending order pending review
393. Parties to proceeding
394. Things to which Tribunal must have regard
395. What Tribunal may do on completing review
396. Review of direction given to psychiatrist

Division 4 -- Involuntary treatment orders: validity

397. Application of this Division
398. Declaration about validity of treatment order
399. Consequences of declaring treatment order in force to be invalid
400. Application for declaration
401. Parties to proceeding
402. Failure to comply with this Act
403. Discretion not to decide on validity of treatment order no longer in force

Division 5 -- Review of admission of long-term voluntary inpatients

404. Application of this Division
405. Application for review
406. Parties to proceeding
407. Things to which Tribunal must have regard
408. What Tribunal may do on completing review

Division 6 -- Electroconvulsive therapy approvals

409. Application of this Division
410. Application for approval
411. Parties to proceeding
412. Things Tribunal must be satisfied of
413. Tribunal must have regard to Chief Psychiatrist’s guidelines
414. Other things to which Tribunal must have regard
415. Decision on application

Division 7 -- Psychosurgery approvals

416. Application of this Division
417. Application for approval
418. Parties to proceeding
419. Things Tribunal must be satisfied of
420. Things to which Tribunal must have regard
421. Decision on application

Division 8 -- Compliance notices for non-clinical matters

422. Terms used
423. Tribunal may issue service provider with compliance notice
424. Application for service of compliance notice
425. Parties to proceeding
426. Compliance notices to be reported on in annual report

Division 9 -- Review of orders restricting freedom of communication

427. Application for review
428. Parties to proceeding
429. Decision on application

Division 10 -- Jurisdiction in relation to nominated persons

430. Application for decision
431. Declaration about validity of nomination
432. Revocation of nomination
433. Parties to proceeding

Division 11 -- Review of decisions affecting rights

434. Application for review
435. Parties to proceeding
436. What Tribunal may do on completing review

Division 12 -- Procedural matters

Subdivision 1 -- Proceedings generally

437. Lodgment of documents
438. Sittings
439. Conduct of proceedings
440. Presiding member
441. Deciding questions in proceedings
442. Assistance from persons with relevant knowledge or experience
443. No fees payable
444. Each party to bear own costs
445. Frivolous, vexatious or improper proceedings

Subdivision 2 -- Notice of proceedings

446. Notice of applications
447. Notice of hearings
448. Tribunal may request information from SAT about person’s guardian

Subdivision 3 -- Appearance and representation

449. Party is an adult
450. Party is a child with capacity to consent
451. Party is a child with no capacity to consent
452. Tribunal may make arrangements for representation
453. Legal representation of person with mental illness
454. Representative must not be paid

Subdivision 4 -- Hearings and evidence

455. Nature of review proceedings
456. Closed hearings
457. Conduct of hearing in absence of party
458. Person chosen by person concerned may be present
459. Right to be heard
460. Evidence generally
461. Oral evidence about restricted information
462. Summons to give evidence or produce documents
463. Self-incrimination
464. Powers in relation to documents produced
465. Offences relating to evidence and documents
466. Evidence and findings in other proceedings
467. Hearings to be recorded
468. Publication of information about proceedings

Subdivision 5 -- Decisions in proceedings

469. Reasons for decision
470. Extension of time to request reasons
471. Giving effect to Tribunal’s decisions

Division 13 -- Rules

472. Power to make
473. Content
474. Publication and tabling

Division 14 -- Tribunal members

475. President of Tribunal
476. Other members
477. Terms and conditions of appointment
478. Remuneration
479. Resignation
480. Removal from office
481. Acting members
482. Delegation by President

Division 15 -- Registrar and other staff

483. Registrar
484. Functions of registrar
485. President may give registrar directions
486. Registry staff
487. Delegation by registrar

Division 16 -- Annual reports

488. Annual report: preparation
489. Annual report: tabling

Division 17 -- Miscellaneous matters

490. Seal
491. Judicial notice of certain matters
492. Meetings of members

PART 22 -- Review by State Administrative Tribunal

Division 1 -- Preliminary matters

493. Terms used

Division 2 -- Jurisdiction

494. Review of decisions of Mental Health Tribunal
495. Determination of questions of law before Mental Health Tribunal

Division 3 -- Constitution

496. Constitution generally
497. Constitution for psychosurgical matters
498. Constitution for determining questions of law

Division 4 -- Procedural matters

499. No fees payable
500. Appearance and representation
501. Closed hearings
502. Publication of information about proceedings

Division 5 -- Appeals to Supreme Court

503. Appeals against SAT’s decisions
504. Grounds of appeal
505. Time for appeal or leave to appeal
506. Certain parties must be represented

PART 23 -- Administration

Division 1 -- Preliminary matters

507. Term used: mental health service

Division 2 -- Chief Psychiatrist

Subdivision 1 -- Appointment, terms and conditions

508. Appointment
509. Terms and conditions of appointment
510. Remuneration
511. Resignation
512. Removal from office
513. Acting Chief Psychiatrist

Subdivision 2 -- Functions and powers generally

514. Functions generally
515. Responsibility for treatment and care
516. Directions by Minister
517. Minister may request report about any matter
518. CEO of Health Department may request report about treatment and care of patients
519. Powers generally

Subdivision 3 -- Specific powers relating to treatment and care

520. Review of treatment
521. Visits to mental health services
522. Offence to interfere with visit to mental health service
523. Directions to mental health services to disclose information

Subdivision 4 -- Notifiable incidents

524. Application of this Subdivision
525. Term used: notifiable incident
526. Reporting notifiable incidents
527. Action that Chief Psychiatrist may take
528. Notification of decision to take action
529. Chief Psychiatrist’s powers of investigation
530. Notification of outcome of investigation

Subdivision 5 -- Staff and facilities

531. Chief Psychiatrist’s staff
532. Use of government staff and facilities

Subdivision 6 -- Annual reports

533. Annual report: preparation
534. Annual report: tabling

Subdivision 7 -- Miscellaneous matters

535. Request for information about patient or person detained
536. Request for list of certain supervised persons
537. Delegation by Chief Psychiatrist

Division 3 -- Mental health practitioners and authorised mental health practitioners

538. Mental health practitioners
539. Authorised mental health practitioners
540. Register of authorised mental health practitioners

Division 4 -- Authorised hospitals

541. Authorised hospital: meaning
542. Authorisation of public hospitals
543. Patients to be transferred if hospital no longer authorised

Division 5 -- Mental health services approved for electroconvulsive therapy

544. Chief Psychiatrist to approve mental health services

Division 6 -- Approved forms

545. Chief Psychiatrist to approve forms
546. Publication of approved forms and related guidelines

Division 7 -- Guidelines and standards

547. Publication of guidelines and standards
548. Application, adoption or incorporation of other documents
549. Publication on Agency’s website

Division 8 -- Miscellaneous matters

550. Delegation by Minister or CEO

PART 24 -- Interstate arrangements

Division 1 -- Preliminary matters

551. Terms used

Division 2 -- Intergovernmental agreements

552. Agreements with other States and Territories
553. Agreement must be in place
554. Performance of functions under corresponding laws or intergovernmental agreements

Division 3 -- Transfer to or from interstate mental health service

555. Transfer from hospital to interstate mental health service
556. Making transport order
557. Transfer from interstate mental health service to hospital
558. Transport of interstate inpatient to hospital

Division 4 -- Community treatment orders

559. Treatment interstate under State order
560. Making transport order
561. Treatment in State under interstate order
562. Supervision in State under interstate order

PART 25 -- Ministerial inquiries

563. Appointment of person to conduct inquiry
564. Powers of investigation
565. Interfering with investigation
566. Conduct of inquiry generally
567. Evidence generally
568. Summons to give evidence or produce documents
569. Self-incrimination
570. Powers in relation to documents produced
571. Offences relating to evidence and documents

PART 26 -- Information

Division 1 -- Voluntary disclosure of information by public authorities and mental health services

572. Powers of Agency’s CEO
573. Powers of CEOs of prescribed State authorities
574. Powers of CEOs of mental health services
575. Delegation by CEO of prescribed State authority

Division 2 -- Miscellaneous matters

576. Confidentiality
577. Authorised recording, disclosure or use of information
578. Receipt and storage of, and access to, information disclosed

PART 27 -- Miscellaneous matters

579. Restrictions on powers of medical practitioners and mental health practitioners
580. Obstructing or hindering person performing functions
581. Amendment of referrals and orders
582. Medical record to be kept by mental health services
583. Protection from liability when performing functions
584. Protection from liability when detaining person with mental illness
585. Relationship with Freedom of Information Act 1992
586. Regulations
587. Review of this Act after 5 years

PART 28 -- Repeals

588. Acts repealed
589. Regulations repealed

PART 29 -- Transitional matters for Mental Health Act 2014

Division 1 -- Preliminary matters

590. Terms used

Division 2 -- Administrative provisions

Subdivision 1 -- Chief Psychiatrist

591. First Chief Psychiatrist (1996 Act s. 8)
592. Review of psychiatrists’ decisions about involuntary patients (1996 Act s. 12)
593. Inspections of relevant premises (1996 Act s. 13)
594. Records of Chief Psychiatrist

Subdivision 2 -- Authorised practitioners

595. Authorised mental health practitioners (1996 Act s. 20)

Subdivision 3 -- Authorised hospitals

596. Authorisation of public hospitals (1996 Act s. 21)

Subdivision 4 -- Registrar and staff of Mental Health Review Board

597. Registrar (1996 Act s. 22(a))
598. Other staff (1996 Act s. 22(b))

Division 3 -- Involuntary patients

Subdivision 1 -- Referral for examination

599. Referral for examination of person (1996 Act s. 29)
600. Referral for examination of voluntary inpatient (1996 Act s. 30)
601. Personal examination for referral (1996 Act s. 31 and 32)
602. Transport to authorised hospital or other place (1996 Act s. 34)

Subdivision 2 -- Examination at authorised hospital

603. Detention of person who is referred at authorised hospital (1996 Act s. 36)
604. Detention of voluntary inpatient admitted to authorised hospital
605. Examination of person who is referred (1996 Act s. 37 including as applied by s. 30(5))
606. Order made in respect of person who is referred (1996 Act s. 37 including as applied by s. 30(5))

Subdivision 3 -- Examination at place other than authorised hospital

607. Receival of person at place other than authorised hospital
608. Examination for purposes of referral made under 1996 Act s. 29(2)(b)
609. Detention of person for assessment at authorised hospital (1996 Act s. 39 and 40)
610. Assessment because of order made under 1996 Act s. 39(1)
611. Order made in respect of person detained for assessment (1996 Act s. 40(1)(b))
612. Transport to authorised hospital (1996 Act s. 41)

Subdivision 4 -- Detention in authorised hospital

613. Transfer to another authorised hospital (1996 Act s. 46)
614. Period of detention specified in order (1996 Act s. 48)
615. Examination of patient within detention period (1996 Act s. 49(1) and 50(1))
616. Order made on examination within detention period (1996 Act s. 49(3) including as applied by s. 50(2))
617. Order made at any time (1996 Act s. 52)

Subdivision 5 -- Absence without leave and leave of absence

618. Absence without leave (1996 Act s. 57)
619. Apprehension of person absent without leave (1996 Act s. 58)
620. Grant of leave (1996 Act s. 59)
621. Monitoring of involuntary inpatient on leave (1996 Act s. 62)
622. Release of involuntary inpatient while on leave (1996 Act s. 63)

Subdivision 6 -- Treatment of involuntary patient in community

623. Community treatment order made under general power (1996 Act s. 67)
624. Confirmation of community treatment order (1996 Act s. 69)
625. Order made on revocation of community treatment order (1996 Act s. 70)
626. Transport to authorised hospital (1996 Act s. 71)
627. Review by supervising psychiatrist (1996 Act s. 75)
628. Extension of community treatment order (1996 Act s. 76)
629. Examination and report by authorised medical practitioner (1996 Act s. 77)
630. Variation of community treatment order (1996 Act s. 79)
631. Notice of breach (1996 Act s. 81)
632. Order to attend if breach continues (1996 Act s. 82)
633. Order for police assistance (1996 Act s. 84)

Division 4 -- Treatment of patients

634. Informed consent (1996 Act Pt. 5 Div. 2)
635. Psychosurgery: approval already given (1996 Act s. 101)
636. Psychosurgery: application for approval pending (1996 Act s. 102)
637. Electroconvulsive therapy: course of treatment commenced before commencement day
638. Electroconvulsive therapy: recommendation referred to Mental Health Review Board (1996 Act s. 106)
639. Other medical treatment that is not psychiatric treatment (1996 Act s. 110)
640. Second opinion requested (1996 Act s. 111)
641. Dissatisfaction with second opinion (1996 Act s. 112)
642. Seclusion (1996 Act s. 119)
643. Mechanical bodily restraint (1996 Act s. 123)

Division 5 -- Mental Health Review Board

Subdivision 1 -- President and other members of Board

644. Appointment to Mental Health Tribunal (1996 Act s. 126 and Sch. 1)

Subdivision 2 -- Reviews and inquiries

645. Initial review after commencement day (1996 Act s. 138)
646. First periodic review after commencement day (1996 Act s. 139)
647. Application for review pending before commencement day (1996 Act s. 142)
648. Suspension of order or restraint of action pending review (1996 Act s. 143)
649. Board initiated review (1996 Act s. 144)
650. Order that community treatment order be made (1996 Act s. 145(2)(b))
651. Complaints to Board (1996 Act s. 146)
652. Enquiries directed by Minister (1996 Act s. 147)
653. Final report about activities of Mental Health Review Board (1996 Act s. 148)
654. Records and proceedings of Mental Health Review Board

Subdivision 3 -- Applications to State Administrative Tribunal

655. Applications for review or determination of questions of law (1996 Act Pt. 6 Div. 2A)

Subdivision 4 -- Appeals from State Administrative Tribunal

656. Appeals to Supreme Court (1996 Act Pt. 6 Div. 3)

Division 6 -- Protection of patient’s rights

657. Interview with psychiatrist requested by patient (1996 Act s. 164)
658. Personal possessions left at authorised hospital (1996 Act s. 165(3))
659. Order restricting or denying patient’s rights (1996 Act s. 169)
660. Application for review of order restricting or denying patient’s right (1996 Act s. 170)

Division 7 -- Community support services

661. Funding and services agreements (1996 Act s. 174)

Division 8 -- Council of Official Visitors

662. Matters generally
663. Request for visit by official visitor (1996 Act s. 189)
664. Exercise of powers by official visitors and panels (1996 Act s. 190)
665. Reports requested by Minister (1996 Act s. 192(2))
666. Final report about activities of official visitors (1996 Act s. 192(3))
667. Records of Council of Official Visitors

Division 9 -- Other matters under 1996 Act

668. Person taken into protective custody (1996 Act s. 195)
669. Examination of person arrested (1996 Act s. 196)
670. Things seized by police officer (1996 Act s. 197)
671. Review of determination of capacity to vote (1996 Act s. 203)
672. Records of patients (1996 Act s. 204)
673. Request for information about patient or person detained (1996 Act s. 205)
674. Inquiries (1996 Act Pt. 10 Div. 5)
675. Rectification of referrals and orders (1996 Act s. 212)

Division 10 -- Miscellaneous matters

676. Transitional regulations
677. Interpretation Act 1984 not affected

PART 30 -- Transitional matters for Criminal Law (Mental Impairment) Act 2023

678. Terms used
679. Functions in respect of Board
680. Duty to contact identified person
SCHEDULE 1 -- Charter of Mental Health Care Principles
SCHEDULE 2 -- Notifiable events

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