MENTAL HEALTH AND WELLBEING ACT 2022

Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 3

Definitions

(1) In this Act—

"acceptance form", in relation to a nominated support person, means the form signed by the person under section 63;

"acting chairperson" means, in relation to the Centre Board, the acting chairperson appointed under section 654;

"acting Director" means, in relation to the Centre, an acting Director appointed under section 660;

"Adult Parole Board" means the Adult Parole Board established by section 61 of the Corrections Act 1986 ;

"advance statement of preferences" means a statement of a kind referred to in section 57;

"Ambulance Service"— Victoria has the same meaning as in the Ambulance Services Act 1986 ;

appropriate supports has the meaning given by section 6 ;

"assessment change" means a change of assessment under a community court assessment order in accordance with section 170(1) or an inpatient court assessment order in accordance with section 170(2);

"assessment order" means an order made under section 144 ;

"assessment patient" means a person who is subject to an assessment order;

"authorised investigator "means a person authorised by the Mental Health and Wellbeing Commission under section 493;

"authorised mental health practitioner" means—

(a) a person who is employed or engaged by a designated mental health service as a—

(i) registered psychologist; or

(ii) registered nurse; or

(iii) social worker; or

(iv) registered occupational therapist; or

(b) a member of a prescribed class of person;

"authorised officer" means a person appointed by the chief psychiatrist under section 275;

"authorised person" means—

(a) a police officer; or

(b) a registered paramedic employed by an ambulance service as defined in section 3(1) of the Ambulance Services Act 1986 ; or

(d) a registered medical practitioner employed or engaged by a designated mental health service; or

(e) an authorised mental health practitioner; or

(f) a member of a prescribed class of person;

"authorised psychiatrist "means a person appointed by the governing body of a designated mental health service under section 328 ;

"bodily restraint" means physical restraint, or mechanical restraint, of a person;

capacity to give informed consent has the meaning given by section 87;

"carer" has the same meaning as in section 3 of the Carers Recognition Act 2012 but does not include a parent if the person to whom care is provided is under the age of 16 years;

"Centre" means the Victorian Collaborative Centre for Mental Health and Wellbeing established by section 640;

"Centre Board" means the Board of the Centre established under section 647;

"Chair of the Mental Health and Wellbeing Commission "means the Chair of the Mental Health and Wellbeing Commission appointed under section 420 ;

"chairperson", in relation to the Centre Board, means the chairperson appointed under section 653;

"chemical restraint" means the giving of a drug to a person for the primary purpose of controlling the person's behaviour by restricting their freedom of movement but does not include the giving of a drug to a person for the purpose of treatment or medical treatment;

"Chief Officer" means the Chief Officer for Mental Health and Wellbeing employed under section 260;

"chief psychiatrist "means the psychiatrist employed as the chief psychiatrist under section 265;

"clinical mental health service provider" means—

(a) a designated mental health service; or

(b) a mental health and wellbeing service provider that provides mental health and wellbeing services in a custodial setting; or

"clinical review report "means a report prepared by the chief psychiatrist under section 288;

"Code of Practice" means a Code of Practice under Division 2 of Part 17.5;

"community advisory committee" means a community advisory committee established by a regional mental health and wellbeing board under section 316;

"community assessment order" means an assessment order referred to in section 145(1)(a);

community court assessment order has the meaning given by section 90(2) of the Sentencing Act 1991 ;

"community temporary treatment order" means a temporary treatment order referred to in section 181(1)(a);

"community treatment order" means a treatment order referred to in section 194(1)(a);

"community visitor" means a community visitor appointed under section 395;

"Community Visitors Mental Health Board" means the Community Visitors Mental Health Board established by section 404;

"complainant" means a person who makes a complaint;

"complaint" means a complaint made to the Mental Health and Wellbeing Commission under Part 9.2;

"complaint data review" means a review conducted under section 528 ;

"complaint data review report" means a report prepared under section 530;

"complaint handling standards" means the standards made under section 465;

"complaint resolution process" means a process referred to in section 451(1)(a) that the Mental Health and Wellbeing Commission may use to resolve a complaint;

"compliance notice" means a compliance notice served under section 502;

"compulsory assessment criteria" means the criteria set out in section 142;

"compulsory treatment criteria" means the criteria set out in section 143;

"conciliation" means a conciliation under Division 3 of Part 9.2;

"consumer" means a person who—

(a) has received mental health and wellbeing services from a mental health and wellbeing service provider; or

(b) is receiving mental health and wellbeing services from a mental health and wellbeing service provider; or

(d) sought or is seeking mental health and wellbeing services from a mental health and wellbeing service provider and was not or is not provided with those services;

"corresponding law" means—

(a) in Chapter 13, a law that is declared to be a corresponding law for the purposes of that Chapter by an Order under section 593; or

(b) in Chapter 17, the law of another State or a Territory corresponding, or substantially corresponding, to this Act;

"corresponding order", in Chapter 13, means an order that is declared to be a corresponding order for the purposes of that Chapter by an Order under section 593;

"court assessment order" has the same meaning as in section 3(1) of the Sentencing Act 1991 ;

"court assessment patient" means a person who is subject to a court assessment order;

"court secure treatment order" means an order within the meaning of section 94A of the Sentencing Act 1991 ;

"custodial setting" means a place where a person is held—

(a) in a prison within the meaning of the Corrections Act 1986 ; or

(b) in a remand centre, youth residential centre or youth justice centre; or

(d) in a prescribed location;

"decision making principles for treatment and interventions" means the principles set out in Part 3.1;

"declared operator "means an entity declared to be a declared operator under section 704;

"Department "means the Department of Health;

"Deputy President" means the Deputy President of the Mental Health Tribunal appointed under section 338;

S. 3(1) def. of designated mental health service amended by No. 20/2023 s. 3(1).

"designated mental health service" means—

(a) a prescribed public hospital within the meaning of section 3(1) of the Health Services Act 1988 ; or

(b) a prescribed public health service within the meaning of section 3(1) of the Health Services Act 1988 ; or

(d) a prescribed privately-operated hospital within the meaning of section 3(1) of the Health Services Act 1988 ; or

(e) a prescribed private hospital within the meaning of section 3(1) of the Health Services Act 1988 that is registered as a health service establishment under Part 4 of that Act; or

(f) the Institute; or

* * * * *

(h) a service temporarily declared to be a designated mental health service under section 257; or

(i) a declared operator;

"designated place" has the same meaning as in the Victoria Police Act 2013 ;

"device" includes belt, screen, bed rails, tray table and furniture;

"DFFH Secretary" means the Secretary to the Department of Families, Fairness and Housing;

"Director" means, in relation to the Centre, a Director employed under section 659;

"domestic partner" of a person means—

(a) a person who is in a registered domestic relationship with a person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

"duty of candour", in relation to the provision of mental health and wellbeing services—

(a) by a mental health and wellbeing service provider other than the Institute, is the duty of candour specified in Division 9 of Part 5A of the Health Services Act 1988 ; and

(b) by the Institute, is the duty of candour specified in Part 14.4;

"electroconvulsive treatment" means the application of electric current to specific areas of a person's head to produce generalised seizure;

"electronic health information system" means the system referred to in section 727;

"eligible patient" means—

(a) a temporary treatment patient; or

(b) a treatment patient; or

(d) a forensic patient;

"emergency service provider" means—

(a) Ambulance Service—Victoria; and

(b) any other prescribed entity or prescribed class of entity;

"enrolled nurse" means a person who is registered in Division 2 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law (other than as a student);

"family violence" has the same meaning as in section 5 of the Family Violence Protection Act 2008 ;

"follow up investigation" means an investigation conducted under section 484;

"follow up investigation report" means a report prepared under section 487;

Forensic Leave Panel has the meaning given in section 569;

forensic patient has the meaning given in section 569;

"guardian" has the same meaning as in the Guardianship and Administration Act 2019 ;

"health information" has the same meaning as in section 3(1) of the Health Records Act 2001 ;

"health information statement "means a statement prepared under section 740;

"Health Secretary" means the Secretary to the Department;

"health service provider" has the same meaning as in the Health Records Act 2001 ;

"health services" has the same meaning as in the Health Records Act 2001 ;

"HPP" has the same meaning as in the Health Records Act 2001 ;

"HPV "means Health Purchasing Victoria established by section 129 of the Health Services Act 1988 ;

"HPV direction" has the same meaning as in the Health Services Act 1988 ;

"identifier" has the same meaning as in the Health Records Act 2001 ;

"information sharing agreement", other than in Chapter 9, means an agreement entered into under section 258;

"information sharing principles" means the principles set out in Division 1 of Part 17.1;

"inpatient" means a patient who is detained in a designated mental health service;

"inpatient assessment order" means an assessment order referred to in section 145(1)(b);

"inpatient court assessment order" means an order within the meaning of section 90(3) of the Sentencing Act 1991 ;

"inpatient temporary treatment order" means a temporary treatment order referred to in section 181(1)(b);

"inpatient treatment order" means a treatment order referred to in section 194(1)(b);

"inquiry "means an inquiry conducted under section 505;

"inquiry report" means a report prepared under section 507 ;

"Institute" means the Victorian Institute of Forensic Mental Health established by section 610;

"Institute Board" means the board of directors of the Institute;

"instructional directive" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;

"intensive monitored supervision" means providing mental health and wellbeing services to a person while—

(a) confining the person to a supervision unit from which the person cannot leave; and

(b) limiting the person's contact with others;

"intensive monitored supervision order" means an order referred to in section 577;

"interim clinical review report "means a written report prepared by the chief psychiatrist under section 289;

"interim funding statement "has the same meaning as in the Health Services Act 1988 ;

"interstate authority", for an interstate mental health facility, means a person performing a similar or corresponding function to an authorised psychiatrist in relation to that facility;

"interstate mental health facility", in Chapter 13, means a hospital or other facility to which a person in a participating State or Territory may be compulsorily admitted under a corresponding law in that State or Territory;

"interstate transfer of treatment order" means an order made by the Mental Health Tribunal under section 601;

"interstate transfer order" means an order made by the Mental Health Tribunal under section 602;

"investigation of a complaint" means an investigation conducted under section 476;

"investigation hearing" means a hearing of the Mental Health and Wellbeing Commission conducted under section 490(2);

"investigation notice" means a notice given under section 480(1) ;

"investigation report" means a report prepared under section 481 ;

"Justice Secretary" means the Secretary to the Department of Justice and Community Safety;

"mechanical restraint" means the use of a device to prevent or restrict a person's movement;

"medical treatment" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 , but does not include treatment within the meaning of this Act;

"medical treatment decision maker" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;

Note

See section 48 of the Medical Treatment Planning and Decisions Act 2016 which provides that Part 4 (Medical treatment decisions) of that Act does not apply in relation to treatment for mental illness (if the person being treated is a patient) or neurosurgery for mental illness.

"mental health advocate" means a person who is employed or engaged by a non-legal mental health advocacy service provider to perform the role described in section 45;

"Mental Health and Wellbeing Commission "means the Mental Health and Wellbeing Commission established by section 411;

"Mental Health and Wellbeing Commissioner "means a Mental Health and Wellbeing Commissioner appointed under section 420;

"mental health and wellbeing principles" means the principles set out in Part 1.5;

"mental health and wellbeing professional" means a person who performs duties in connection with the provision of mental health and wellbeing services and who is—

(a) a registered medical practitioner; or

(b) a registered psychologist; or

(d) a registered paramedic; or

(e) a registered occupational therapist; or

(f) a social worker of a prescribed class; or

(g) a counsellor of a prescribed class; or

(h) a person employed or engaged in a prescribed role that requires the person to have personal experience with mental illness or experience as a carer of a person who is living with mental illness; or

(i) a psychosocial support worker of a prescribed class; or

(j) an allied health professional of a prescribed class;

S. 3(1) def. of mental health and wellbeing service substituted by No. 20/2023 s. 3(2).

"mental health and wellbeing service" means—

(a) a service performed for the primary purpose of—

(i) improving or supporting a person's mental health and wellbeing; or

(ii) assessing, or providing treatment, care or support to, a person for mental illness or psychological distress; or

(iii) providing care or support to a person who is a family member, carer, or supporter, of a person with mental illness or psychological distress; or

(b) a service, or a service belonging to a class of service, that is prescribed to be a mental health and wellbeing service—

but does not include—

(d) a service, or a service belonging to a class of service, that is prescribed not to be a mental health and wellbeing service;

S. 3(1) def. of mental health and wellbeing service provider substituted by No. 20/2023 s. 3(3).

"mental health and wellbeing service provider" means an entity (other than an individual) that—

(a) receives funding from—

(i) the State for the primary purpose of providing mental health and wellbeing services; or

(ii) another entity (other than an individual), being funding that—

(A) was received by the other entity from the State for the primary purpose of providing mental health and wellbeing services; and

(B) is provided to the entity for a purpose that is consistent with the funding arrangement or agreement between the State and the other entity; and

(b) employs or engages a mental health and wellbeing professional in connection with providing the mental health and wellbeing services—

but does not include—

(c) an entity, or an entity belonging to a class of entity, that is prescribed not to be a mental health and wellbeing service provider;

"Mental Health Tribunal" means the Mental Health Tribunal established under section 330;

Mental Health Workforce Safety and Wellbeing Committee means the Mental Health Workforce Safety and Wellbeing Committee established by the Health Secretary under section 327A;

"mental illness" has the meaning given by section 4;

"Ministerial agreement", in Chapter 13, means an agreement made under section 594;

"National Board" has the same meaning as in the Health Practitioner Regulation National Law;

"neurosurgery for mental illness" means—

(a) any surgical technique or procedure by which a lesion is created in a person's brain for the purpose of treatment; or

(b) the use of intracerebral electrodes to create a lesion in a person's brain for the purpose of treatment; or

(c) the use of intracerebral electrodes to stimulate a person's brain without creating a lesion for the purpose of treatment;

"nominated support person" means a nominated support person under Part 2.6;

non-legal advocacy protocols for mental health and wellbeing service providers means the protocols referred to in section 42(2);

"non-legal mental health advocacy services" means services provided by a non-legal mental health advocacy service provider;

"non-legal mental health advocacy service provider" includes—

(a) the primary non-legal mental health advocacy service provider; and

(b) any non-legal mental health advocacy service provider designated under section 41(1)(b);

"nurse in charge" has the same meaning as in the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 ;

"nurse practitioner" means a registered nurse who is endorsed under the Health Practitioner Regulation National Law to practise as a nurse practitioner;

"objectives of this Act" means the objectives set out in Part 1.3;

"opt-out register" means the register established by the primary non-legal mental health advocacy service provider under section 51 ;

"outcome report "means a report prepared by the chief psychiatrist under section 280;

"own initiative investigation" means an investigation conducted under section 478;

S. 3(1) def. of parent inserted by No. 20/2023 s. 3(4).

"parent", in relation to a person under the age of 18 years, includes the following—

(a) a person who has custody or daily care and control of the person;

(b) a person who has all of the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which by law parents have in relation to their children;

"participating State or Territory", in Chapter 13, means a State or a Territory—

(a) in which a corresponding law is in force; and

(b) a Minister of which has made an agreement with the Minister under section 594;

"party "for the purposes of Part 9.2, in relation to a complaint, means—

(a) the complainant; or

(b) the consumer in relation to the complaint if the consumer—

(i) is not the complainant; and

(ii) has not notified the Mental Health and Wellbeing Commission that the consumer does not wish to be a party to the complaint; or

"patient" means—

(a) an assessment patient; or

(b) a court assessment patient; or

(d) a treatment patient; or

(e) a security patient; or

(f) a forensic patient;

"personal information" has the same meaning as in section 3 of the Privacy and Data Protection Act 2014 ;

"physical restraint" means the use by a person of their body to prevent or restrict another person's movement but does not include the giving of physical support or assistance to a person in the least restrictive way that is reasonably necessary to—

(a) enable the person to be supported or assisted to carry out daily activities; or

(b) redirect the person because they are disoriented;

"prescribed premises", in Chapter 8, means the premises of—

(a) a designated mental health service; or

(b) a mental health and wellbeing service provider that provides residential services and 24 hour nursing care to persons who have mental illness; or

(c) a prescribed mental health and wellbeing service provider or a prescribed class of mental health and wellbeing service provider that provides residential services to persons who have mental illness;

"President" means the President of the Mental Health Tribunal appointed under section 337;

"primary non-legal mental health advocacy service provider" means the non-legal mental health advocacy service provider designated by the Health Secretary under section 41(1)(a);

"principal registrar" means the principal registrar of the Mental Health Tribunal employed under section 351(b);

"protective services officer" means a protective services officer within the meaning of the Victoria Police Act 2013 who is on duty at, or in the vicinity of, a designated place;

"psychiatrist" means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the specialty of psychiatry (other than as a student);

"Public Advocate" has the same meaning as in the Guardianship and Administration Act 2019 ;

"public entity" means—

(a) the Mental Health and Wellbeing Commission; or

(b) a regional mental health and wellbeing board; or

(d) the Institute; or

(e) the Community Visitors Mental Health Board; or

(f) the Centre, to the extent that it performs functions and exercises powers under this Act;

(g) Youth Mental Health and Wellbeing Victoria;

"public sector body" has the same meaning as in the Public Administration Act 2004 ;

"public sector employee" has the same meaning as in the Public Administration Act 2004 ;

"public service body" has the same meaning as in the Public Administration Act 2004 ;

"purchasing policy" has the same meaning as in the Health Services Act 1988 ;

"referred investigation" means an investigation conducted under section 477;

"regional mental health and wellbeing board "means a board established under section 305;

"regional multiagency panel" means a panel appointed under section 318;

"registered nurse" means a person who is registered in Division 1 of the Register of Nurses kept by the Nursing and Midwifery Board of Australia under the Health Practitioner Regulation National Law (other than as a student);

"registered occupational therapist" means a person who is registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student);

"registered paramedic" means a person who is registered under the Health Practitioner Regulation National Law to practise in the paramedicine profession (other than as a student);

"registered psychologist" means a person who is registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

"relevant child protection order" means—

(a) a therapeutic treatment (placement) order within the meaning of the Children, Youth and Families Act 2005 ; or

(b) a family reunification order within the meaning of the Children, Youth and Families Act 2005 ; or

(d) a long-term care order within the meaning of the Children, Youth and Families Act 2005 ;

"remand centre" has the same meaning as in the Children, Youth and Families Act 2005 ;

"responsible designated mental health service" means a designated mental health service that is specified in—

(a) an assessment order as being responsible for assessing the person who is subject to the order; or

(b) a temporary treatment order as being responsible for treating the person who is subject to the order; or

"restrictive intervention" means seclusion, bodily restraint or chemical restraint;

"Royal Commission into Victoria's Mental Health System" means the Royal Commission into Victoria's Mental Health System established by Her Excellency the Honourable Linda Dessau AC, the Governor of the State of Victoria on 22 February 2019;

"Rules Committee" means the Rules Committee of the Mental Health Tribunal established under section 389;

"seclusion" means the sole confinement of a person to a room or any other enclosed space from which it is not within the control of the person confined to leave;

"secure treatment order" means an order within the meaning of section 534;

"security patient" means a person who is not subject to an assessment order, a court assessment order, a temporary treatment order or a treatment order but is—

(a) detained in a designated mental health service irrespective of whether the person is absent with or without leave from the designated mental health service; and

(b) subject to—

(i) a court secure treatment order; or

(ii) a secure treatment order;

"senior available next of kin" means—

(a) in relation to a deceased child—

(i) if a parent of the child is available, a parent of the child; or

(ii) if a parent of the child is not available, a brother or sister of the child who has attained 18 years of age and who is available; or

(iii) if no person referred to in subparagraph (i) or (ii) is available, a person who was the guardian of the child immediately before the death of the child and who is available;

(b) in relation to any other deceased person—

(i) if the person, immediately before the person's death, had a spouse or domestic partner and that spouse or domestic partner is available, that spouse or domestic partner; or

(ii) if the person, immediately before the person's death, did not have a spouse or domestic partner or the spouse or domestic partner is not available, a son or daughter of the person who has attained 18 years of age and who is available; or

(iii) if no person referred to in subparagraph (i) or (ii) is available but a parent of the person is available, that parent; or

(iv) if no person referred to in subparagraph (i), (ii) or (iii) is available, a brother or sister of the person who has attained 18 years of age and is available;

"service agreement" means an agreement referred to in section 703 ;

"specified service provider" means—

(a) the provider of alcohol and drug treatment services funded by the State; or

(b) the provider of public or community housing services funded by the State; or

statement of rights has the meaning given by section 36 ;

"statewide panel" means the panel appointed under section 324 ;

"supervision unit "means a space that includes—

(a) bathroom facilities; and

(b) a space for sleeping; and

(d) any other prescribed kind of feature, furnishing or space;

"support person" has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016 ;

"temporary treatment order" means an order made under section 180;

"temporary treatment patient" means a person who is subject to a temporary treatment order;

S. 3(1) def. of transfer order inserted by No. 20/2023 s. 3(4).

"transfer order" means—

(a) an interstate transfer order; or

(b) an interstate transfer of treatment order—

as the case may be;

"treatment" has the meaning given by section 5;

"treatment order" means an order made under section 192(2)(a);

"treatment patient" means a person who is subject to a treatment order;

"Tribunal member" means a member of the Mental Health Tribunal;

"unique identifier" has the same meaning as in the Victorian Data Sharing Act 2017 ;

"values directive" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;

"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;

"witness summons" means a summons issued under section 385 ;

"young patient" means a patient who is under the age of 18 years;

"young person "means—

(a) in Chapter 3, a person under 18 years of age; and

(b) in Chapter 16, means a person who is at least 12, but not more than 25 years of age;

"youth justice centre" has the same meaning as in the Children, Youth and Families Act 2005 ;

"Youth Mental Health and Wellbeing Board" in relation to Youth Mental Health and Wellbeing Victoria, means the Board of directors of Youth Mental Health and Wellbeing Victoria established by section 679;

"youth mental health and wellbeing service", in Chapter 16," "means a mental health and wellbeing service that provides mental health and wellbeing services to young persons;

"Youth Mental Health and Wellbeing Victoria "means Youth Mental Health and Wellbeing Victoria established by section 673;

"youth residential centre" has the same meaning as in the Children, Youth and Families Act 2005 .

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008 ; and

(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

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