Australian Capital Territory Numbered Acts
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MENTAL HEALTH ACT 2015 (NO. 38 OF 2015)
TABLE OF PROVISIONS
Long Title
CHAPTER 1--PRELIMINARY
1. Name of Act
2. Commencement
3. Dictionary
4. Notes
4A. Offences against Act—application of Criminal Code etc
CHAPTER 2--OBJECTS AND IMPORTANT CONCEPTS
CHAPTER 3--RIGHTS OF PEOPLE WITH MENTAL DISORDER OR MENTAL ILLNESS
CHAPTER 4--ASSESSMENTS
CHAPTER 5--MENTAL HEALTH ORDERS
CHAPTER 6--EMERGENCY DETENTION
39. Statement of action taken
41A. Notification of Magistrates Court about emergency detention or release from emergency
41AB. Treatment during detention
46. Order for release
47. Duty to release
CHAPTER 7--FORENSIC MENTAL HEALTH
CHAPTER 8--CORRECTIONAL PATIENTS
CHAPTER 9--ELECTROCONVULSIVE THERAPY AND PSYCHIATRIC SURGERY
PART 9.1--PRELIMINARY--CH 9
49. Definitions
50. Form of consent
PART 9.2--ELECTROCONVULSIVE THERAPY
Division 9.2.1--Administration of electroconvulsive therapy
51. When electroconvulsive therapy may be administered
52. Adult with decision-making capacity
53. Adult without decision-making capacity
54. Young person with decision-making capacity
55. Young person without decision-making capacity
55B. Offence—unauthorised administration of electroconvulsive therapy
Division 9.2.2--Electroconvulsive therapy orders
55C. Application for electroconvulsive therapy order
55D. Consultation by ACAT—electroconvulsive therapy order
55E. ACAT must hold hearing—electroconvulsive therapy order
55F. What ACAT must take into account—electroconvulsive therapy
55G. Making of electroconvulsive therapy order
55H. Content of electroconvulsive therapy order
55I. Person to be told about electroconvulsive therapy order
Division 9.2.3--Emergency electroconvulsive therapy orders
55J. Application for emergency electroconvulsive therapy order
55JA. What ACAT must take into account—emergency electroconvulsive therapy
55K. Making of emergency electroconvulsive therapy order
55L. Content of an emergency electroconvulsive therapy order
56. Effect of later order
Division 9.2.4--Records of electroconvulsive therapy
57. Doctor must record electroconvulsive therapy
58. Electroconvulsive therapy records to be kept for 5 years
PART 9.3--PSYCHIATRIC SURGERY
59. Performance on people subject to orders of ACAT
60. Psychiatric surgery not to be performed without approval or if person
61. Application for approval
62. Application to be considered by committee
63. Requirement for further information
64. Application to be decided in accordance with committee's
65. Consent of Supreme Court
66. Refusal of psychiatric surgery
67. Appointment of committee
CHAPTER 10--REFERRALS BY COURTS UNDER CRIMES ACT AND CHILDREN AND YOUNG PEOPLE ACT
CHAPTER 11--ACAT PROCEDURAL MATTERS
CHAPTER 12--ADMINISTRATION
CHAPTER 13--PRIVATE PSYCHIATRIC FACILITIES
PART 13.1--PRELIMINARY
123. Definitions—ch 13
PART 13.2--LICENCES
124. Meaning of eligible person—pt 13.2
125. Licence—requirement to hold
126. Licence—application
127. Licence—decision on application
128. Licence—term and renewal of licence
129. Licence—transfer of licence
130. Licence—amendment initiated by Minister
131. Licence—amendment on application by licensee
132. Licence—surrender
133. Licence—cancellation by notice
134. Licence—emergency cancellation
PART 13.3--PRIVATE PSYCHIATRIC FACILITIES--ENFORCEMENT
135. Appointment of inspectors
135A. Identity cards
135B. Powers of inspection
135C. Failing to comply with requirement of inspector
CHAPTER 14--MENTAL HEALTH ADVISORY COUNCIL
CHAPTER 15--INTERSTATE APPLICATION OF MENTAL HEALTH LAWS
PART 15.1--PRELIMINARY
139CA. Purpose—ch 15
139CB. Definitions—ch 15
139CC. Authority to enter into agreements
139CD. Authorised officer and interstate authorised person may exercise certain functions
139CE. Medication for person being transferred
PART 15.2--APPREHENSION OF PEOPLE IN BREACH OF CERTAIN ORDERS
139CF. Apprehension of interstate patient in breach of interstate involuntary treatment
139CG. Apprehension of person in breach of mental health order or forensic mental health
PART 15.3--TRANSFER OF CERTAIN PEOPLE FROM ACT
139CH. Interstate transfer—person under psychiatric treatment order or community care
139CI. Interstate transfer—person under forensic psychiatric treatment order or forensic
139CJ. Transfer to interstate mental health facility—emergency
139CK. Interstate transfer—when ACT order stops applying
PART 15.4--TRANSFER OF CERTAIN PEOPLE TO ACT
139CL. Transfer of interstate patient to approved mental health facility
139CM. Transfer of responsibility to provide treatment, care or support in the community for
139CN. Transfer of person apprehended in another State to approved mental health
PART 15.5--INTERSTATE OPERATION OF CERTAIN ORDERS
139CO. Mental health order relating to interstate person
139CP. Implementing interstate involuntary treatment order for temporary ACT
CHAPTER 16--NOTIFICATION AND REVIEW OF DECISIONS
CHAPTER 17--MISCELLANEOUS
CHAPTER 18--REPEALS AND CONSEQUENTIAL AMENDMENTS
148. Legislation repealed
149. Legislation amended—sch 2
CHAPTER 40--TRANSITIONAL
PART 40.1--GENERAL
400. Definitions—ch 40
401. Transitional regulations
402. Expiry—ch 40
PART 40.2--TRANSITIONAL--RIGHTS OF PEOPLE WITH MENTAL DISORDER OR MENTAL ILLNESS
403. Rights in relation to information and communication
PART 40.3--TRANSITIONAL--MENTAL HEALTH ORDERS
Division 40.3.1--Applications
404. Application by person with mental illness or mental dysfunction—unfinished
405. Application by chief psychiatrist or care coordinator—unfinished
406. Application by certain other people—unfinished applications
407. Application by referring officers—unfinished referrals
Division 40.3.2--Psychiatric treatment orders
408. Psychiatric treatment order—in force before commencement day
409. Restriction order with psychiatric treatment order—in force before commencement
410. Chief psychiatrist role—determination in force before commencement
411. Action if psychiatric treatment order no longer appropriate—notice given but not
Division 40.3.3--Community care orders
412. Community care order—in force before commencement day
413. Restriction order with community care order—in force before commencement
414. Care coordinator role—determination in force before commencement
415. Action if community care order no longer appropriate—notice given but not
Division 40.3.4--Other matters
416. Forensic mental health orders—people required to submit to ACAT jurisdiction before
PART 40.4--TRANSITIONAL--EMERGENCY DETENTION
417. Apprehension before commencement day
418. Authorisation of involuntary detention before commencement day
PART 40.5--TRANSITIONAL--INTERSTATE APPLICATION OF MENTAL HEALTH LAWS
419. Interstate agreements notified before commencement day
SCHEDULE 1
SCHEDULE 2
DICTIONARY
ENDNOTES
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