Australian Health Practitioner Regulation Agency means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law; Australian legal practitioner has the same meaning as it has in the Legal Profession Act 2004; Australian lawyer has the same meaning as it has in the Legal Profession Act 2004; authorised officer means an authorised officer appointed under section 146; authorised person means— (a) a police officer; or (b) an ambulance paramedic; or (c) a registered medical practitioner employed or engaged by a designated mental health service; or (d) a mental health practitioner; or (e) a member of a class of prescribed persons; authorised psychiatrist means a person appointed as an authorised psychiatrist for a designated mental health service under section 150; authorised witness means— (a) a registered medical practitioner; or (b) a mental health practitioner; or (c) a person who may witness the signing of a statutory declaration under section 107A of the Evidence (Miscellaneous Provisions) Act 1958;
board of directors means the board of directors of the Victorian Institute of Forensic Mental Health; bodily restraint means a form of physical or mechanical restraint that prevents a person having free movement of his or her limbs, but does not include the use of furniture (including beds with cot sides and chairs with tables fitted on their arms) that restricts the person's ability to get off the furniture; capacity to give informed consent has the meaning given in section 68; care relationship has the meaning given in section 4 of the Carers Recognition Act 2012; 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; S. 3(1) def. of Chief of Police amended by No. 26/2014 s. 456(a). Chief Commissioner of Police means the Chief Commissioner of Police appointed under the Victoria Police Act 2013; chief psychiatrist means the person appointed as chief psychiatrist under section 119; close a complaint means refuse to deal with a complaint or cease dealing with a complaint; Commissioner means the person appointed as Mental Health Complaints Commissioner under section 226; Community Assessment Order means an Order within the meaning of section 28(2);
Temporary Treatment Order means an Order within the meaning of section 45; treatment has the meaning given in section 6; treatment criteria has the meaning given in section 5; Treatment Order means an Order within the meaning of section 52; Tribunal means the Mental Health Tribunal established under section 152. (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. 4 What is mental illness? (1) Subject to subsection (2), mental illness is a medical condition that is characterised by a significant disturbance of thought, mood, perception or memory. (2) A person is not to be considered to have mental illness by reason only of any one or more of the following— (a) that the person expresses or refuses or fails to express a particular political opinion or belief;
(ii) give the person a copy of the Order and a copy of the relevant statement of rights; and Note See Division 1 of Part 3 in relation to the statement of rights. (iii) explain the purpose and effect of the Order to the person. (2) As soon as practicable after being notified under subsection (1) that the Assessment Order is made, the authorised psychiatrist must ensure that reasonable steps are taken— (a) to inform the following persons in relation to the person who is subject to the Order that the Order has been made— (i) the nominated person; (ii) a guardian; (iii) a carer, if the authorised psychiatrist is satisfied that assessing the person will directly affect the carer and the care relationship; (iv) a parent, if the person is under the age of 16 years; (v) the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order; and (b) to give the persons referred to in paragraph (a) a copy of the Order and the relevant statement of rights. 33 Person subject to an Inpatient Assessment Order to be taken to a designated mental health service
61 Revocation of Temporary Treatment Order or Treatment Order if treatment criteria do not apply An authorised psychiatrist who determines that the treatment criteria for making a Temporary Treatment Order or Treatment Order do not apply in relation to a person who is subject to such an Order must immediately revoke the Order. 62 Expiry of Temporary Treatment Order or Treatment Order if certain other Orders made A Temporary Treatment Order or Treatment Order to which a person is subject expires at the sooner of the following— (a) in the case of a Temporary Treatment Order, 28 days after it is made; (b) in the case of a Treatment Order, at the end of the period specified in the Order; (c) the person— (i) is made subject to a Secure Treatment Order or Court Secure Treatment Order; or (ii) is detained in a designated mental health service under section 30(2) or 30A(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. 63 Notification requirements for expired or revoked Temporary Treatment Orders and Treatment Orders If a Temporary Treatment Order or Treatment Order expires or is revoked, the authorised psychiatrist must notify the Tribunal (unless the Tribunal revoked the Order) and ensure that reasonable steps are taken as soon as practicable—
93 Application to Tribunal to perform electroconvulsive treatment on a patient who is not a young person (1) An authorised psychiatrist may make an application to the Tribunal to perform a course of electroconvulsive treatment on a patient who is not a young person if— (a) the patient does not have the capacity to give informed consent to the performance of a course of electroconvulsive treatment on himself or herself; and (b) the authorised psychiatrist is satisfied in the circumstances that there is no less restrictive way for the patient to be treated. (2) In determining under subsection (1)(b) whether there is no less restrictive way for a patient to be treated, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following— (a) the views and preferences of the patient in relation to electroconvulsive treatment and any beneficial alternative treatments that are reasonably available and the reasons for those views or preferences, including any recovery outcomes the patient would like to achieve; (b) the views and preferences of the patient expressed in his or her advance statement; (c) the views of the patient's nominated person; (d) the views of a guardian of the patient; (e) the views of a carer of the patient, if authorised psychiatrist is satisfied that the decision to perform a course of electroconvulsive treatment will directly affect the carer and the care relationship;
his or her powers, duties or functions under this Act. 144 Power of chief psychiatrist to delegate The chief psychiatrist may by instrument delegate any power, duty or function of the chief psychiatrist, other than this power of delegation, to a person who is a psychiatrist and who— (a) is referred to in section 142; or (b) has entered into an agreement or arrangement under section 143 with the 145 Reports submitted by the chief psychiatrist (1) As soon as practicable after the end of each financial year but no later than the following 31 October, the chief psychiatrist must submit to the Secretary an annual report containing— (a) information on the operations and activities undertaken by the chief psychiatrist during the financial year; and (b) an analysis of the data and information reported to the chief psychiatrist during the financial year; and (c) a summary of any amendments made during the financial year to the standards, guidelines or practice directions issued by the chief psychiatrist that may impact on the performance of electroconvulsive treatment on young persons; and "(d) the number of young persons (irrespective of whether the young persons were patients) who received one or more courses of electroconvulsive treatment at a designated mental health service during the financial year.
(2) The quorum of the Rules Committee is half of the number of members who make up the Committee. (3) In all other respects the Rules Committee may regulate its own proceedings. 212 Validity of decisions A decision of the Rules Committee is not invalid only because of a vacancy in the office of a member. __________________ 213 Definition In this Part— prescribed premises means the premises of— (a) a designated mental health service; or (b) a mental health service provider in which residential services and 24 hour nursing care is provided for persons who have mental illness; or (c) a prescribed mental health service provider or prescribed class of mental health service providers in which residential care is provided for persons who have mental illness. 214 Appointment of community visitors (1) The Governor in Council may, on the recommendation of the Public Advocate, appoint as many community visitors as are necessary for the purpose of fulfilling their functions under this Act.
(1) As soon as practicable after the end of each financial year but not later than the following 30 September, the Community Visitors Mental Health Board must submit to the Minister an annual report on the activities of community visitors during the 12 months ending on the preceding 30 June. (2) The Minister must cause the annual report of the Community Visitors Mental Health Board to be laid before the Legislative Council and the Legislative Assembly before the expiration of the fourteenth sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the annual report has been received by the Minister. 225 Secrecy provision (1) A person who is, or has been, a community visitor must not, directly or indirectly, make a record of, disclose or communicate to any person, any information acquired in the performance of functions or duties or the exercise of powers under this Act, unless— (a) it is necessary to do so for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act; or (b) the person to whom the information relates gives written consent to the making of the record, disclosure or communication. Penalty: 60 penalty units. (2) Subsection (1) does not prevent a person from producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this Act or divulging or communicating to a court, in the course of any
(1) The Governor in Council may, on the recommendation of the Minister, remove the Commissioner from office if the Minister is satisfied as to any of the following grounds— (a) the Commissioner becomes an insolvent under administration; (b) the Commissioner is charged with an indictable offence; (c) the Commissioner fails to disclose a conflict of interest; (d) the Commissioner engages in any paid employment outside the duties of office without the consent of the Minister; (e) the Commissioner is unable to perform his or her duties under this Act; (f) the Commissioner has been found to have neglected his or her duties under this Act; (g) the Commissioner has been found to have engaged in misconduct. (2) The Commissioner may resign his or her office as Commissioner in writing signed by that person and delivered to the Governor in Council. 228 Functions of the Commissioner The Commissioner has the following functions— (a) to accept, assess, manage and investigate complaints relating to mental health service providers; (b) to endeavour to resolve complaints in a timely manner using formal and informal dispute resolution as appropriate, including conciliation; (c) to issue compliance notices;
relates and the person is under the age of 16 years; (k) the disclosure is made to the Secretary to the Department of Human Services and the person to whom the health information relates is the subject of a custody to Secretary order or a guardianship to Secretary order; (l) the disclosure is reasonably required in connection with the performance of a duty or the exercise of a power by the Minister, the Secretary, the Commissioner, the chief psychiatrist or an authorised officer under this Act or the regulations; (m) the disclosure is required in connection with a proceeding before the Tribunal, VCAT or the Panel; (n) the disclosure is required by a court in connection with a proceeding under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; (o) the disclosure is made to a guardian of the person to whom the health information relates and the disclosure is reasonably required in connection with the performance of a duty or the exercise of a power by the guardian; (p) the disclosure is made to the agent of the person to whom the health information relates and the disclosure is reasonably required in connection with the performance of a duty or the exercise of a power by the agent in accordance with an appointment under the Medical Treatment Act 1988; (q) the disclosure is required in connection with a notification, claim or possible claim to a
(ii) the sedation to be administered is necessary to prevent serious and imminent harm to the person or to another person. (2) Subsection (1)(b) does not limit the power of a registered nurse or ambulance paramedic to administer sedation within the ordinary scope of his or her practice. S. 351 (Heading) amended by No. 55/2014 s. 175(1). 351 Apprehension of person by police officer or protective services officer S. 351(1) amended by No. 55/2014 s. 175(2). (1) A police officer, or a protective services officer on duty at a designated place, may apprehend a person if the police officer or the protective services officer is satisfied that— (a) the person appears to have mental illness; and (b) because of the person's apparent mental illness, the person needs to be apprehended to prevent serious and imminent harm to the person or to another person. S. 351(2) amended by No. 55/2014 s. 175(3). (2) A police officer or a protective services officer is not required for the purposes of subsection (1) to exercise any clinical judgement as to whether the person has mental illness. S. 351(3) amended by No. 55/2014 s. 175(3). (3) A police officer or a protective services officer exercising the powers conferred by this section may be accompanied by a registered medical practitioner or a mental health practitioner. S. 351(4) amended by No. 55/2014 s. 175(4). (4) A person apprehended under this section is subject to the custody of the police officer or the protective services officer, as the case may be, until released from that custody in accordance with this section.
Division 1—Sentencing Act 1991 429 Definitions (1) In section 3(1) of the Sentencing Act 1991— (a) the definition of approved mental health service is repealed; (b) for the definition of authorised psychiatrist substitute— "authorised psychiatrist has the same meaning as in the Mental Health Act 2014;"; (c) in the definition of chief psychiatrist, for "Mental Health Act 1986" substitute "Mental Health Act 2014"; (d) the definition of hospital security order is repealed; (e) the definition of involuntary patient is repealed; (f) for the definition of Mental Health Review Board substitute— "Mental Health Tribunal means the Mental Health Tribunal established by section 152 of the Mental Health Act 2014;"; (g) in the definition of mental illness, for "Mental Health Act 1986" substitute "Mental Health Act 2014"; (h) the definition of restricted involuntary treatment order is repealed; (i) in the definition of security patient, for "Mental Health Act 1986" substitute "Mental Health Act 2014". (2) In section 3(1) of the Sentencing Act 1991 insert the following definitions—
In section 67 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 omit "approved under section 25 of the Mental Health Act 1986". 450 Transfer of persons from a participating State to Victoria (1) In the note at the foot of section 73E(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "an approved" substitute "a designated". (2) In section 73E(4)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "an approved" substitute "a designated". (3) In section 73E(4)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997— (a) for "an approved" substitute "a designated"; (b) for "the approved" substitute "the designated". 451 Warrant to arrest person who absconds to Victoria In section 73J(1)(d)(ii) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "section 93K of the Mental Health Act 1986" substitute "section 326 of the Mental Health Act 2014". 452 Interim disposition order In section 73K(8)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "an approved" substitute "a designated". 453 New Part 7C inserted
"(g) the Mental Health Complaints Commissioner within the meaning of the Mental Health Act 2014.". 4 Co-operative Housing Societies Act 1958 4.1 In section 48(11)(b), for "Mental Health Act 1986" substitute "Mental Health Act 2014". 5 Coroners Act 2008 5.1 In section 3(1), in the definition of person placed in custody or care, for paragraph (i) substitute— "(i) a patient detained in a designated mental health service within the meaning of the Mental Health Act 2014; or". 5.2 In section 4(2)(d), for "Mental Health Act 1986" substitute "Mental Health Act 2014". 5.3 In section 12(2), for "an approved mental health service within the meaning of the Mental Health Act 1986" substitute "a designated mental health service within the meaning of the Mental Health Act 2014". 6 Corrections Act 1986 6.1 In section 3(1)— (a) insert the following definition— "Court Secure Treatment Order means an Order within the meaning of section 94A of the Sentencing Act 1991;"; (b) the definition of hospital security order is repealed. 6.2 For section 9AA(1)(b)(iii) substitute—
7.1 In section 50(1), in the definition of residential facility, for paragraph (a) substitute— "(a) a designated mental health service within the meaning of the Mental Health Act 2014; or". 7.2 In section 464(2)— (a) the definition of approved mental health service is repealed; (b) insert the following definition— "designated mental health service has the same meaning as in the Mental Health Act 2014;"; (c) in the definition of detained or protected person, for paragraph (d) substitute— "(d) a patient within the meaning of the Mental Health Act 2014;"; (d) in the definition of security patient, for "Mental Health Act 1986" substitute "Mental Health Act 2014". 7.3 In section 464B(1)(a), for subparagraphs (iii) and (iv) substitute— "(iii) a forensic patient or a security patient within the meaning of the Mental Health Act 2014; and". 7.4 In section 464ZF(3)(b), for "an approved" substitute "a designated". 7.5 In section 464ZFA(1)(a), for "approved" substitute "designated". 8 Criminal Procedure Act 2009