Australian Capital Territory Numbered Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 (NO. 44 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Mental Health (Treatment and Care) Act 1994.  
   2.      Commencement  
   3.      Application  
   4.      Interpretation  
   5.      Persons not to be regarded as mentally dysfunctional  
   6.      Proceeding relating to children  

   PART II--OBJECTIVES OBJECTIVES OF ACT

   7.      This Act has the following objectives:  
   8.      Objectives of Territory  
   9.      Maintenance of freedom, dignity and self-respect  

   PART III--MENTAL HEALTH TRIBUNAL ESTABLISHMENT

   10.     The Mental Health Tribunal is established.  
   11.     Functions  
   12.     Powers  

   PART IV--MENTAL HEALTH ORDERS

   13.     Mentally dysfunctional persons entitled to apply  
   14.     Applications by other persons  
   15.     Referrals  
   16.     (1) The Tribunal may make an order for an assessment of a person—  
   17.     Assessments to be conducted as soon as practicable  
   18.     Removal to conduct assessments  
   19.     Contact with other persons  
   20.     Community Advocate and person's lawyer to have access  
   21.     Person to be informed  
   22.     Copies of assessments to Tribunal  
   23.     The Tribunal shall not make a mental health order in respect of a person without having regard to—  
   24.     Inquiry to be held  
   25.     Matters to be taken into account  
   26.     Consent required  
   27.     Involuntary orders  
   28.     Powers to make orders  
   29.     Types of orders  
   30.     Duration of orders  
   31.     Tribunal not to prescribe drugs or clinical procedures  
   32.     Powers under custodial orders  
   33.     Restrictions on communication  
   34.     Communication with Community Advocate and person's lawyer  
   35.     Director to explain treatment  
   36.     Review, variation and revocation  

   PART V--EMERGENCY DETENTION AND CARE APPREHENSION

   37.     (1) Where a police officer believes on reasonable grounds that—  
   38.     Detention  
   39.     Statement of action taken  
   40.     Examination by doctor  
   41.     Involuntary detention may be authorised  
   42.     Certain persons to be notified  
   43.     Psychiatric examination  
   44.     Treatment during detention  
   45.     Communication during detention  
   46.     Orders for release  
   47.     Duty to release  
   48.     Approved facilities  

   PART VI--RIGHTS OF MENTALLY DYSFUNCTIONAL PERSONS

   49.     Interpretation  
   50.     Statement of rights  
   51.     Information to be provided  
   52.     Communication  
   53.     Failure by owner to comply  

   PART VII--CONVULSIVE THERAPY AND PSYCHIATRIC SURGERY

   54.     (1) For the purposes of this Part, a person gives informed consent to a procedure if the consent is given by the person after—  
   55.     (1) A person who is not a doctor shall not administer convulsive therapy to another person unless he or she is authorised to do so by a doctor.  
   56.     Withdrawal of consent  
   57.     Therapy to be recorded  
   58.     Records to be kept for 5 years  
   59.     Psychiatric surgery may be performed on a person under this Part despite any order of the Tribunal in force in relation to the person.  
   60.     Approval and consent required  
   61.     Application for approval  
   62.     Application to be considered by committee  
   63.     Director may require further information  
   64.     Director to act on committee's recommendation  
   65.     Consent of Supreme Court  
   66.     Refusal of surgery  
   67.     Committees  

   PART VIII--REFERRALS BY COURTS UNDER THE CRIMES ACT AND THE CHILDREN'S SERVICES ACT

   68.     Determination of fitness to plead  
   69.     Review of persons temporarily unfit to plead  
   70.     Recommendations about mentally dysfunctional persons  
   71.     Service of determinations and recommendations  
   72.     Periodic review of orders for detention  
   73.     Review of conditions of release  
   74.     Breach of conditions of release  
   75.     Limit on detention  

   PART IX--TRIBUNAL MEMBERSHIP AND PROCEDURE

   76.     The Tribunal shall consist of—  
   77.     Constitution for performance of certain functions  
   78.     Appointment  
   79.     Terms and conditions  
   80.     Expenses  
   81.     Resignation  
   82.     Acting members  
   83.     Staff  
   84.     Protection of members etc.  
   85.     Secrecy  
   86.     Annual report  
   87.     (1) An application and any accompanying documents shall be lodged with the Registrar.  
   88.     Sittings  
   89.     Appearance, representation and use of interpreters  
   90.     Summons to appear in person  
   91.     Person summoned in custody  
   92.     Arrest of persons failing to appear  
   93.     Directions to Registrar  
   94.     Notice of proceedings  
   95.     Proceedings to be in private  
   96.     Natural justice  
   97.     Evidence  
   98.     Admissibility of evidence in other proceedings  
   99.     Determination of questions  
   100.    Assistance for Tribunal  
   101.    Power to obtain information and documents  
   102.    Retention of documents  
   103.    Consultation  
   104.    Form of orders  
   105.    Service of orders  
   106.    Proof of orders  
   107.    Breach of orders  
   108.    Obtaining reasons for decisions  
   109.    Withdrawal of applications  
   110.    Costs  
   111.    Contempt of Tribunal  

   PART X--DIRECTOR OF MENTAL HEALTH AND MENTAL HEALTH OFFICERS

   112.    Director  
   113.    Functions  
   114.    Terms of appointment  
   115.    Resignation  
   116.    Termination of appointment  
   117.    Acting appointments  
   118.    Delegation  
   119.    Mental Health Officers  
   120.    Annual report  

   PART XI--MENTAL HEALTH COUNCIL APPOINTMENT

   121.    (1) The Minister may appoint 1 or more persons as the Mental Health Council.  
   122.    Functions  

   PART XII--PRIVATE PSYCHIATRIC INSTITUTIONS

   123.    In this Part—“licence” means a licence issued under this Part; “licensed premises” means the premises at which a psychiatric institution is, or is proposed to be, conducted and in respect of which a licence is issued; “licensee” means a person to whom a licence is issued under this Part; “psychiatric institution” means a hospital or other institution providing treatment, care, rehabilitation or accommodation for persons who have a psychiatric illness or are addicted to alcohol or another drug, other than—  
   124.    A person shall not conduct a psychiatric institution on his or her own behalf, or on behalf of another person, without a licence.  
   125.    Issue of licence  
   126.    Term and renewal of licence  
   127.    Variation and revocation of conditions  
   128.    Surrender of licence  
   129.    Cancellation of licence  
   130.    Emergency cancellation  
   131.    Effect of cancellation  
   132.    (1) The Minister may, by instrument, appoint persons to be inspectors for the purposes of this Part.  
   133.    Identity cards  
   134.    Powers of inspection  
   135.    Obstruction of inspectors  
   136.    Application for review  
   137.    Notice of decision  
   138.    A licensee is guilty of an offence if the licensee allows treatment for psychiatric illness to be given to a person at the licensed premises after the licensee receives notice that the person is the subject of an order of the Tribunal that does not authorise the giving of that treatment to that person at the psychiatric institution conducted at those premises.  
   139.    Service of documents  

   PART XIII--MISCELLANEOUS LEGAL EFFECT OF CERTAIN SECTIONS

   140.    Nothing in section 7 or 8 is to be taken to create any legal rights not in existence before the enactment of that section or to affect any legal rights in existence before that enactment or that would, but for that section, have come into existence after that enactment.  
   141.    Appeals from decisions of Tribunal  
   142.    Relationship with Guardianship and Management of Property Act 1991  
   143.    Relationship with Powers of Attorney Act 1956  
   144.    Relationship with Mental Health Act 1962  
   145.    Certain rights unaffected  
   146.    Determined fees  
   147.    Regulations