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This is a Bill, not an Act. For current law, see the Acts databases.
MENTAL HEALTH (TREATMENT AND CARE) AMENDMENT BILL 2003 (NO 1)
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Mental
Health (Treatment and Care) Amendment Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Mental Health
(Treatment and Care) Amendment Bill 2004
A Bill for
An Act to amend the
Mental Health (Treatment
and Care) Act 1994
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Mental Health (Treatment and Care) Amendment Act
2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Mental Health (Treatment and Care) Act
1994.
4 Definitions
for ActSection 4, definition of care
coordinator
substitute
care coordinator means the care coordinator appointed under
section 120A.
5 Section
4, definition of community care order
substitute
community care order means an order made under section
36.
6 Section
4, definition of mental health order
substitute
mental health order means a psychiatric treatment order, a
community care order or a restriction order.
7 Section
4, definition of psychiatric treatment order
substitute
psychiatric treatment order means an order made under section
28.
8 Section
4, definition of restriction order
substitute
restriction order means an order made under section 30 or
section 36B.
9 Orders
for assessmentSection
16 (1) (b)
omit
section 36
substitute
section 36L
10 Determination
of ability to consentSection
16A
after
psychiatric
insert
or other
substitute
Division 4.3 Making of
orders—preliminary matters
23 Tribunal must consider
assessment
Before making a mental health order in relation to a person, the tribunal
must consider—
(a) an assessment of the person conducted under an order under section 16;
or
(b) another assessment of the person that the tribunal considers
appropriate.
24 Tribunal must hold inquiry
Before making a mental health order in relation to a person, the tribunal
must hold an inquiry into the matter.
25 Consultation by tribunal etc
(1) Before making a mental health order in relation to a person, the
tribunal must, as far as practicable, consult—
(a) if the person is a child—the people with parental responsibility
for the child under the C&YP Act; and
(b) if the person has a guardian under the Guardianship and Management
of Property Act 1991—the guardian; and
(c) the person most likely to be responsible for providing the treatment,
programs and other services proposed to be ordered.
(2) If the person has an attorney appointed under the Powers of
Attorney Act 1956, the tribunal must also consider consulting the
attorney.
(3) Before making a mental health order for the provision of a particular
treatment, program or other service (including an assessment) at a stated
facility or by a stated person, the tribunal must be satisfied that the
treatment, program or service can be provided or performed at that facility or
by that person.
26 What tribunal must take into
account
In making a mental health order in relation to a person, the
tribunal must take into account the following:
(a) whether the person consents, refuses to consent or has the capacity to
consent, to a proposed course of treatment, care or support;
(b) the views and wishes of the person, so far as they can be found
out;
(c) the views and wishes of the people responsible for the day-to-day care
of the person, so far as those views and wishes are made known to the
tribunal;
(d) the views of the people appearing at the proceeding;
(e) the views of the people consulted under section 25;
(f) that the person’s welfare and interests should be appropriately
protected;
(g) that the person’s rights should not be interfered with except to
the least extent necessary;
(h) that the person should be encouraged to look after himself or
herself;
(i) that, as far as possible, the person should live in the general
community and join in community activities;
(j) that any restrictions placed on the person should be the minimum
necessary for the safe and effective care of the person;
(k) the alternative treatments, programs and other services available,
including—
(i) the purposes of those treatments, programs and services; and
(ii) the benefits likely to be derived by the person from those
treatments, programs and services; and
(iii) the distress, discomfort, risks, side effects or other disadvantages
associated with those treatments, programs and services;
(l) any relevant medical history of the person;
(m) the religious, cultural and language needs of the person;
(n) for a person referred to the tribunal under section 15 or a mentally
ill or mentally dysfunctional offender—the nature and circumstances of the
offence in relation to which the person has been arrested, or may be or has been
charged;
(o) for a mentally ill or mentally dysfunctional offender—the nature
and extent of the person’s mental illness or mental dysfunction, including
the effect it is likely to have on the person’s behaviour in the
future;
(p) for a mentally ill or mentally dysfunctional offender—whether or
not, if the person is not detained—
(i) the person’s health or safety is, or is likely to be,
substantially at risk; or
(ii) the person is likely to do serious harm to others;
(q) anything else prescribed under the regulations for this
section.
27 Tribunal may not order particular drugs
etc
The tribunal may not make an order for the administration of a particular
drug or about the way a particular clinical procedure is to be carried
out.
Division 4.4 Psychiatric treatment
orders
28 Criteria for making psychiatric treatment order
The tribunal may make a psychiatric treatment order in relation to a person
if—
(a) the person has a mental illness; and
(b) the tribunal has reasonable grounds for believing that, because of the
illness, the person is likely to—
(i) do serious harm to himself, herself or someone else; or
(ii) suffer serious mental or physical deterioration;
unless subject to involuntary psychiatric treatment; and
(c) the tribunal is satisfied that psychiatric treatment is likely to
reduce the harm or deterioration (or the likelihood of harm or deterioration)
mentioned in paragraph (b) and result in an improvement in the person’s
psychiatric condition; and
(d) the treatment cannot be adequately provided in a way that would
involve less restriction of the freedom of choice and movement of the person
than would result from the person being an involuntary patient.
29 Content of psychiatric treatment order
(1) A psychiatric treatment order made in relation to a person may state 1
or more of the following:
(a) a health facility to which the person may be taken;
(b) that the person must do either or both of the following:
(i) undergo psychiatric treatment, other than convulsive therapy or
psychiatric surgery;
(ii) undertake a counselling, training, therapeutic or rehabilitation
program;
(c) that limits may be imposed on communication between the person and
other people.
(2) A psychiatric treatment order may not include any requirement
mentioned in section 31 (Content of restriction order).
(3) A psychiatric treatment order made in relation to a person must
include a statement that the person—
(a) has the capacity to consent to the order, and consents; or
(b) has the capacity to consent to the order, but refuses to do so;
or
(c) does not have the capacity to consent to the order.
30 Criteria for making restriction
order
In addition to making a psychiatric treatment order in relation to a
person, the tribunal may make a restriction order in relation to the person if
satisfied that it is in the interests of the person’s health or safety or
public safety to do so.
31 Content of restriction order
A restriction order made under section 30 in relation to a person may state
either or both of the following:
(a) that the person must—
(i) live (but not be detained) at a stated place; or
(ii) be detained at a stated place;
(b) that the person must not approach a stated person or stated place or
undertake stated activities.
32 Role of chief psychiatrist
(1) The chief psychiatrist is responsible for the treatment and care of a
person to whom a psychiatric treatment order applies.
(2) Within 5 working days after the day the order is made, the chief
psychiatrist must determine, in writing—
(a) the times when and the place where the person is required to attend to
receive treatment, care or support, or undertake a counselling, training,
therapeutic or rehabilitation program, in accordance with the order;
and
(b) the nature of the psychiatric treatment to be given to the
person.
Note If a form is approved under s 146A for a determination, the
form must be used.
(3) The chief psychiatrist must also determine, in writing, the place
where the person must live if—
(a) the tribunal has not made a restriction order requiring the person to
live at a stated place; and
(b) the chief psychiatrist considers that the person should live at a
place other than the place where the person usually lives.
(4) Before making a determination, the chief psychiatrist must, if
practicable, consult—
(a) the person; and
(b) if the person has a guardian under the Guardianship and Management
of Property Act 1991—the guardian; and
(c) if the person has an attorney appointed under the Powers of
Attorney Act 1956—the attorney.
(5) For subsection (2) (b), the chief psychiatrist must not determine
treatment that has, or is likely to have, the effect of subjecting the person to
whom it is given to undue stress or deprivation, having regard to the benefit
likely to result from the treatment.
(6) As soon as practicable after making a determination, the chief
psychiatrist must give a copy of the determination to the tribunal and the
community advocate.
(7) The chief psychiatrist may also give a copy of the determination
to—
(a) any guardian consulted under subsection (4) (b); and
(d) any attorney consulted under subsection (4) (c).
33 Treatment to be explained
(1) Before treatment is given to a person under a psychiatric treatment
order, the chief psychiatrist must explain to the person the nature and effects
(including any side effects) of the treatment.
(2) The explanation must be given in the language or way of communicating
that the person is most likely to understand.
34 Action if psychiatric treatment order no longer
appropriate
(1) This section applies if the chief psychiatrist is satisfied
that—
(a) a person subject to a psychiatric treatment order is no longer a
person in relation to whom the tribunal could make a psychiatric treatment
order; or
(b) if the person is also subject to a restriction order—it is no
longer necessary for the person to be subject to the restriction
order.
(2) The chief psychiatrist must tell the tribunal and the community
advocate in writing.
Note The tribunal must review the order within 72 hours after being
notified under this section (see s 36L (2)).
35 Powers in relation to detention, restraint etc
(1) This section applies if a psychiatric treatment order has been made in
relation to a person.
(2) If the chief psychiatrist considers that it is necessary for the
treatment and care of the person to detain the person at certain premises, the
chief psychiatrist may—
(a) take, or authorise someone else to take, the person to the premises
and for that purpose—
(i) use the force and assistance that is necessary and reasonable to
apprehend the person and take the person to the premises stated by the chief
psychiatrist; and
(ii) if there are reasonable grounds for believing that the person is at
particular premises—enter those premises using the force and assistance
that is necessary and reasonable; and
(b) keep the person at the premises in the custody that the chief
psychiatrist considers appropriate; and
(c) subject the person to the confinement or restraint that is necessary
and reasonable—
(i) to prevent the person from causing harm to himself, herself or someone
else; or
(ii) to ensure that the person remains in custody under the order;
and
(d) subject the person to involuntary seclusion if satisfied that it is
the only way in the circumstances to prevent the person from causing harm to
himself, herself or someone else.
(3) In acting under this section, the chief psychiatrist must have regard
to the matters stated in section 7 (Objectives of Act) and section 9
(Maintenance of freedom, dignity and self-respect).
(4) If the chief psychiatrist subjects a person to involuntary restraint
or seclusion, the chief psychiatrist must—
(a) enter in the person’s record the fact of and the reasons for the
involuntary restraint or seclusion; and
(b) tell the community advocate in writing within 24 hours after the
person is subjected to the involuntary restraint or seclusion; and
(c) keep a register of the involuntary restraint or seclusion.
Division 4.5 Community care
orders
36 Criteria for making community care order
The tribunal may make a community care order in relation to a person
if—
(a) the person is mentally dysfunctional; and
(b) the tribunal has reasonable grounds for believing that, because of the
mental dysfunction, the person is likely to—
(i) do serious harm to himself, herself or someone else; or
(ii) suffer serious mental or physical deterioration;
unless subject to involuntary treatment, care or support; and
(c) the tribunal is satisfied that treatment, care or support is likely to
reduce the harm, or the likelihood of harm, mentioned in paragraph (b);
and
(d) the tribunal is satisfied that, in the circumstances, a psychiatric
treatment order should not be made; and
(e) the treatment, care or support cannot be adequately provided in a way
that would involve less restriction of the freedom of choice and movement of the
person than would result from the person being an involuntary patient.
36A Content of community care order
(1) A community care order made in relation to a person may state 1 or
more of the following:
(a) that the person is to be given treatment, care or support;
(b) that the person may be given medication for the treatment or
amelioration of the person’s mental dysfunction that is prescribed by a
doctor;
(c) that the person is to undertake a counselling, training, therapeutic
or rehabilitation program;
(d) that limits may be imposed on communication between the person and
other people.
(2) A community care order may not include any requirement mentioned in
section 36C (Content of restriction order).
(3) A community care order made in relation to a person must include a
statement that the person—
(a) has the capacity to consent to the order, and consents; or
(b) has the capacity to consent to the order, but refuses to do so;
or
(c) does not have the capacity to consent to the order.
36B Criteria for making restriction order
In addition to making a community care order in relation to a person, the
tribunal may make a restriction order in relation to the person if satisfied
that it is in the interests of the person’s health or safety or public
safety to do so.
36C Content of restriction order
A restriction order made under section 36B in relation to a person may
state either or both of the following:
(a) that the person must—
(i) live (but not be detained) at a stated community care facility or
another stated place; or
(ii) be detained at a stated community care facility;
(b) that the person must not approach a stated person or stated place or
undertake stated activities.
36D Role of care coordinator
(1) The care coordinator is responsible for coordinating the provision of
treatment, care and support for a person to whom a community care order
applies.
(2) Within 5 working days after the day the order is made, the care
coordinator must determine, in writing, the times when and the place where the
person is required to attend to receive treatment, care or support, or undertake
a counselling, training, therapeutic or rehabilitation program, in accordance
with the order.
Note If a form is approved under s 146A for a determination, the
form must be used.
(3) Before making a determination, the care coordinator—
(a) must consult—
(i) the tribunal; and
(ii) the community advocate; and
(iii) if the person has a guardian under the Guardianship and
Management of Property Act 1991—the guardian; and
(b) if practicable, must consult—
(i) the person; and
(ii) if the person has an attorney appointed under the Powers of
Attorney Act 1956—the attorney; and
(c) may consult any other service provider the care coordinator considers
relevant.
(4) After making a determination, the care coordinator must record whether
the person was consulted and—
(a) if the person was consulted—what the person’s views were;
or
(b) if the person was not consulted—the reasons why.
(5) As soon as practicable after making a determination, the care
coordinator must give a copy of the determination to—
(a) the tribunal; and
(b) the community advocate; and
(c) any guardian consulted under subsection (3) (a) (iii);
and
(d) any attorney consulted under subsection
(3) (b) (ii).
(6) The care coordinator may also give a copy of the determination
to—
(a) anyone consulted under subsection (3) (c); and
(b) anyone providing treatment to the person.
36E Treatment to be explained
(1) Before treatment is given to a person under a community care order,
the care coordinator must ensure that the nature and effects (including any side
effects) of the treatment are explained to the person.
(2) The explanation must be given in the language or way of communicating
that the person is most likely to understand.
36F Action if community care order no longer
appropriate
(1) This section applies if the care coordinator is satisfied
that—
(a) a person subject to a community care order is no longer a person in
relation to whom the tribunal could make a community care order; or
(b) if the person is also subject to a restriction order—it is no
longer necessary for the person to be subject to the restriction
order.
(2) The care coordinator must tell the tribunal and the community advocate
in writing.
Note The tribunal must review the order within 72 hours after being
notified under this section (see s 36L (2)).
36G Powers in relation to detention, restraint etc
(1) Subsection (2) applies if a community care order has been made in
relation to a person and—
(a) a restriction order has also been made in relation to the person
requiring the person to be detained at a community care facility; or
(b) the care coordinator requires the person to be detained at a community
care facility under section 36K (Contravention of psychiatric treatment
order or community care order).
(2) The care coordinator may—
(a) take, or authorise someone else to take, the person to the premises
and, for that purpose—
(i) use the force and assistance that is necessary and reasonable to
apprehend the person and take the person to the premises; and
(ii) if there are reasonable grounds for believing that the person is at
particular premises—enter those premises using the force and assistance
that is necessary and reasonable; and
(b) keep the person at the premises in the custody that the tribunal
considers appropriate; and
(c) subject the person to the confinement or restraint that is necessary
and reasonable—
(i) to prevent the person from causing harm to himself, herself or someone
else; or
(ii) to ensure that the person remains in custody under the order;
and
(d) subject the person to involuntary seclusion if satisfied that it is
the only way in the circumstances to prevent the person from causing harm to
himself, herself or someone else; and
(3) If a community care order made in relation to a person authorises the
giving of medication for the treatment or amelioration of the person’s
mental dysfunction, the care coordinator may—
(a) approve the administration by appropriately trained people of
medication prescribed by a doctor in accordance with the order; and
(b) for that purpose, use (or authorise someone else to use) the force and
assistance that is necessary and reasonable.
(4) In acting under subsection (2) or (3), the care coordinator must have
regard to the matters stated in section 7 (Objectives of Act) and section 9
(Maintenance of freedom, dignity and self-respect).
(5) If the care coordinator subjects a person to involuntary restraint or
seclusion, or the involuntary administration of medication prescribed by a
doctor, the care coordinator must—
(a) enter in the person’s record the fact of and the reasons for the
involuntary restraint, seclusion or administration of medication; and
(b) tell the tribunal and the community advocate in writing within 24
hours after the person is subjected to the involuntary restraint, seclusion or
administration of medication; and
(c) keep a register of the involuntary restraint, seclusion or
administration of medication.
Division 4.6 Limits on
communication
36H Limits on communication
(1) This section applies if—
(a) a mental health order is made in relation to a person; and
(b) the tribunal orders that limits may be imposed on communication
between the person and other people; and
(c) the relevant official has reasonable grounds for believing that it is
necessary, in the interests of the effective treatment of the person, that
communication between the person and other people be limited.
(2) The relevant official may, subject to the order mentioned in
subsection (1) (b), impose limits on communication by the person with other
people that are necessary and reasonable to avoid prejudicing the effectiveness
of the treatment.
(3) As soon as practicable after imposing limits on communication by a
person, the relevant official must explain to the person—
(a) the nature of the limits; and
(b) the period for which the limits will be in effect; and
(c) the reasons for imposing the limits.
(4) The explanation must be given in the language or way of communicating
that the person is most likely to understand
(5) Limits must not be imposed for a period longer than 7 days.
(6) Subsection (5) does not prevent further limits being imposed
immediately after the limits previously imposed cease to have effect.
(7) This section has effect despite part 6 (Rights of mentally
dysfunctional or mentally ill persons) but subject to section 36I.
(8) In this section:
relevant official, in relation to a person subject to a
mental health order, means—
(a) if the person is subject to a psychiatric treatment order—the
chief psychiatrist; and
(b) if the person is subject to a community care order—the care
coordinator.
36I Communication with community advocate and
person’s lawyer
(1) The relevant official must ensure that, during any period of limited
communication imposed on a person under section 36H, the person
has—
(a) access to facilities, and adequate opportunity, to contact the
community advocate and the person’s lawyer; and
(b) on request by the community advocate or the person’s
lawyer—the assistance necessary to enable the community advocate or the
lawyer to have access to the person.
(2) In this section:
relevant official—see section 36H (8).
Division 4.7 Duration, contravention and
review of orders
36J Duration of orders
(1) Unless sooner revoked—
(a) a psychiatric treatment order or community care order has effect
for—
(i) 6 months; or
(ii) if a shorter period is stated in the order—the shorter period;
and
(b) a restriction order has effect for—
(i) 3 months; or
(ii) if a shorter period is stated in the order—the shorter
period.
(2) This section does not apply to an order made in relation to a mentally
ill or mentally dysfunctional offender.
36K Contravention of psychiatric treatment order or
community care order
(1) This section applies if—
(a) a mental health order (but not a restriction order) is in force in
relation to a person; and
(b) the person contravenes the order.
(2) This section also applies if—
(a) a restriction order is in force in relation to a person; and
(b) the relevant official tells the tribunal that the relevant official
considers that the person has contravened the order; and
Note The tribunal must review the order
within 72 hours after being notified under this section (see s 36L (2)).
(c) the tribunal authorises the relevant official to act under this
section.
(3) The relevant official may—
(a) orally tell the person that failure to comply with the order may
result in the person being apprehended and being taken to an approved mental
health facility for treatment or care; and
(b) if the noncompliance continues after the taking of action under
paragraph (a)—tell the person in writing that failure to comply with the
order will result in the person being apprehended and being taken to an approved
mental health facility for treatment or care; and
(c) if the noncompliance continues after the taking of action under
paragraph (b)—require the person to be detained in an approved mental
health facility to ensure compliance with the order.
(4) If the relevant official requires the detention of a person under
subsection (3) (c), he or she must tell the tribunal and the community
advocate—
(a) the name of the person detained; and
(b) the reasons for requiring the detention; and
(c) the name and address of the approved mental health facility where the
person is detained.
(5) If a person is required to be detained under subsection (3) (c),
a police officer, mental health officer or doctor may apprehend the person and
take the person to an approved mental health facility.
(6) For subsection (5), a police officer, mental health officer or
doctor—
(a) may use the force and assistance that is necessary and reasonable to
apprehend the person and take the person to the facility; and
(b) if there are reasonable grounds for believing that the person is at
particular premises—may enter those premises using the force and
assistance that is necessary and reasonable.
(7) If a person is detained under subsection (3) (c), the relevant
official must tell the tribunal and the community advocate within 72
hours.
(8) In this section:
relevant official—see section 36H (8).
36L Review, variation and revocation of orders
(1) The tribunal may, on application or on its own initiative, review a
mental health order in force in relation to a person.
(2) If the tribunal receives notice under section 34, section 36F or
section 36K (2) in relation to a person, the tribunal must review the
mental health orders in force in relation to the person within
72 hours.
(3) Subsection (2) has effect despite section 94 (Notice of
proceedings).
(4) If the tribunal is satisfied that a person subject to a psychiatric
treatment order or community care order is no longer a person in relation to
whom the tribunal could make a psychiatric treatment order or community care
order, the tribunal must revoke all the mental health orders in force in
relation to the person.
(5) In any other case, the tribunal may, if appropriate to do
so—
(a) vary or revoke any of the mental health orders in force in relation to
the person; or
(b) make additional mental health orders in relation to the person;
or
(c) make an order for another assessment under section 16 in relation to
the person.
12 Approved
facilitiesSection
48 (1) (a)
omit
under section 26 (1) or 37
substitute
under a psychiatric treatment order mentioned in section 29 (1) or
under section 37
omit
section 32A
substitute
section 36K
14 Definitions
for pt 5ASection 48B, definition of
custodial order
substitute
custodial order means a psychiatric treatment order.
15 Meaning
of responsible personSection 49,
definition of responsible person, paragraph (c)
substitute
(c) in relation to any other mental health institution or community care
facility conducted by the Territory—the chief executive of the
administrative unit responsible for the conduct of the institution or
facility.
16 Statement
of rightsSection
50 (1)
after
mental health facility
insert
or community care facility
17 Information
to be providedSection
51
after
mental health facility
insert
or community care facility
18 New
section 51 (d) (va)
insert
(va) the care coordinator;
renumber subparagraphs when Act next republished under Legislation
Act
20 CommunicationSection
52
after
mental health facility
insert
or community care facility
21 Restriction
on useSection 55 (2) and
(3)
omit
a person in respect of whom a mental health order of the kind described in
section 26 (1) is in force
substitute
a person in relation to whom a psychiatric treatment order is in
force
22 Duration
of appointmentSection
81 (3) (f)
substitute
(f) a member who is the subject of a psychiatric treatment order or a
community care order.
23 Constitution
for exercise of powersSection
83 (2) (b)
omit
section 36
substitute
section 36L
24 Notice
of proceedingsNew section
94 (ga)
insert
(ga) the care coordinator;
renumber paragraphs when Act next republished under Legislation
Act
26 Service
of ordersNew section 105 (fa) and
(fb)
insert
(fa) if the order is a psychiatric treatment order, or a restriction order
in relation to a person subject to a psychiatric treatment order—the chief
psychiatrist; and
(fb) if the order is a community care order, or a restriction order in
relation to a person subject to a community care order—the care
coordinator; and
renumber paragraphs when Act next republished under Legislation
Act
insert
Part 10A Care
coordinator
120A Care coordinator
(1) The Minister must appoint a public servant as care
coordinator.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) The Minister may only appoint a person as care coordinator if
satisfied that the person has the training, experience and personal qualities
necessary to exercise the care coordinator’s functions.
(3) An appointment is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
120B Functions
The care coordinator has the following functions:
(a) to coordinate the provision of treatment, care and support to mentally
dysfunctional people in accordance with community care orders made by the
tribunal;
(b) to coordinate the provision of appropriately trained people for the
treatment, care and support of mentally dysfunctional people who are subject to
community care orders;
(c) to coordinate the provision of appropriate residential or detention
facilities for mentally dysfunctional people who are subject to community care
orders and to restriction orders mentioned in section 36C (a);
(d) to coordinate the provision of medication and anything else required
to be done for mentally dysfunctional people in accordance with community care
orders and restriction orders made by the tribunal;
(e) to make reports and recommendations to the Minister about matters
affecting the provision of treatment, care, control, accommodation, maintenance
and protection for mentally dysfunctional people.
120C Termination of appointment
(1) The Minister may terminate the appointment of the care coordinator for
misbehaviour or physical or mental incapacity.
(2) The Minister must terminate the appointment of the care coordinator if
the care coordinator ceases to be eligible to be appointed as the care
coordinator.
120D Delegation by care coordinator
(1) The care coordinator may delegate the care coordinator’s
functions under this Act to anyone else.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
(2) However, the care coordinator may only delegate a function to a person
if the care coordinator is satisfied that the person has the training,
experience and personal qualities necessary to exercise the function.
(3) A delegation is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
120E Care coordinator’s annual
report
A report prepared by the care coordinator under the Annual Reports
(Government Agencies) Act 2004 for a financial year must include statistics
in relation to people who have a mental dysfunction during the year.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
substitute
142 Relationship with Guardianship and Management of
Property Act
(1) Despite anything in the Guardianship and Management of Property Act
1991 or an order appointing a guardian, a guardian appointed for a person
under that Act—
(a) is not entitled to give consent to treatment for mental illness,
convulsive therapy or psychiatric surgery; and
(b) if the person is subject to a community care order—is not
entitled to decide anything for the person contrary to any determinations or
decisions made in relation to the person by the care coordinator under the
community care order (or any related restriction order).
(2) Despite anything in the Guardianship and Management of Property Act
1991, section 70, the guardianship tribunal—
(a) is not entitled to make an order in relation to any consent to
treatment for mental illness, convulsive therapy or psychiatric surgery;
and
(b) is not entitled to make an order in relation to a person contrary to
any community care order (or restriction order) made in relation to the
person.
143 Relationship with Powers of Attorney
Act
Despite anything in the Powers of Attorney Act 1956 or an instrument
creating a power of attorney, an attorney of a person appointed under a power of
attorney under that Act—
(a) is not entitled to give consent to treatment for mental illness,
convulsive therapy or psychiatric surgery; and
(b) if the person is subject to a community care order—is not
entitled to decide anything for the person contrary to any determinations or
decisions made in relation to the person by the care coordinator under the
community care order (or any related restriction order).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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