6 Corrections Act 1986 338 7 Crimes Act 1958 340 8 Criminal Procedure Act 2009 341 9 Duties Act 2000 341 10 Firearms Act 1996 341 11 Gambling Regulation Act 2003 341 12 Guardianship and Administration Act 1986 342 13 Health Services Act 1988 342 14 Human Services (Complex Needs) Act 2009 343 15 Information Privacy Act 2000 343 34D Referral of complaint to Mental Health Complaints Commissioner 343 16 International Transfer of Prisoners (Victoria) Act 1998 343 17 Juries Act 2000 344 18 Land Act 1958 344 19 Land Tax Act 2005 344 20 Magistrates' Court Act 1989 344 21 Ombudsman Act 1973 344 22 Payroll Tax Act 2007 345 23 Property Law Act 1958 345 24 Public Administration Act 2004 345 25 Residential Tenancies Act 1997 345 26 Serious Sex Offenders (Detention and Supervision) Act 2009 345 27 Sex Offenders Registration Act 2004 346 28 Summary Offences Act 1966 347 29 Supported Residential Services (Private Proprietors) Act 2010 347 30 Tobacco Act 1987 347 31 Transport Accident Act 1986 348 32 Trustee Act 1958 348 33 Victims of Crime Assistance Act 1996 348 34 Workplace Injury Rehabilitation and Compensation Act 2013 348 Division 2—Statute law revision 348 35 Disability Act 2006 348 36 Health Services Act 1988 348 37 Supported Residential Services (Private Proprietors) Act 2010 349 ═══════════════
S. 3(1) def. of designated place inserted by No. 55/2014 s. 174. designated place has the same meaning as in section 3(1) of the Victoria Police Act 2013; diverse means culturally, religiously, racially and linguistically diverse; domestic partner of a person means— (a) a person who is in a registered domestic relationship with the 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); electroconvulsive treatment means the application of electric current to specific areas of a person's head to produce a generalised seizure; entitled patient has the meaning given in section 78; forensic patient has the meaning given in section 305; guardian has the same meaning as it has in section 3(1) of the Guardianship and Administration Act 1986; guardianship to Secretary order has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005; health information has the same meaning as it has in section 3(1) of the Health Records Act 2001; s. 3 health practitioner means an individual who practises a health profession;
Health Privacy Principles means any of the Health Privacy Principles set out in Schedule 1 to the Health Records Act 2001; health profession has the same meaning as in section 5 of the Health Practitioner Regulation National Law; informed consent has the meaning given in section 69; inpatient means a patient who is detained in a designated mental health service; Inpatient Assessment Order means an Order within the meaning of section 28(3); Inpatient Court Assessment Order means an Order within the meaning of section 90(3) of the Sentencing Act 1991; Inpatient Temporary Treatment Order means an Order within the meaning of section 45(3); Inpatient Treatment Order means an Order within the meaning of section 52(3); Institute means the Victorian Institute of Forensic Mental Health continued under section 328; investigator means a member of staff or a contractor referred to in section 230 to whom the Commissioner has delegated his or her investigative functions; medical treatment has the meaning given in section 7; mental health practitioner means a person who is employed or engaged by a designated mental health service and is a— (a) registered psychologist; or (b) registered nurse; or s. 3
(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 s. 33
(d) a person appointed by the patient (before the patient became incapable of giving informed consent) as an enduring guardian within the meaning of the Guardianship and Administration Act 1986 with power to make decisions concerning the proposed medical treatment; (e) the authorised psychiatrist, subject to section 76. (2) If a patient who is under the age of 18 years does not have capacity to give informed consent to medical treatment, the medical treatment may be administered to the patient with the consent of— (a) a person who, in relation to the patient, has the legal authority to consent to medical treatment and who, in the circumstances, is reasonably available, willing and able to make a decision concerning the proposed treatment; or (b) the authorised psychiatrist, subject to section 76 and if a person specified under paragraph (a) is not reasonably available or not willing and able to make a decision concerning the proposed medical treatment. 76 Matters authorised psychiatrist must take into account if consenting to medical treatment of patient s. 76 (1) For the purposes of section 75, an authorised psychiatrist may consent to medical treatment being administered to a patient who does not have capacity to give informed consent if the authorised psychiatrist is satisfied that the medical treatment would benefit the patient.
(3) A notice given under this section must specify the reasons for the Commissioner's decision to close the complaint. 242 Referring a complaint with or without consent (1) The Commissioner may, with the consent of the consumer in relation to a complaint, refer the complaint, a part of the complaint or any matter arising from a complaint, to another body, organisation, agency or entity if the complaint raises issues that the Commissioner is satisfied would be more appropriately dealt with by that other body, organisation, agency or entity. (2) The Commissioner may refer a complaint, part of a complaint or any matter arising from a complaint, to another body, organisation, agency or entity without the consent of the consumer in relation to the complaint if the Commissioner is satisfied that— (a) the complaint raises issues that require investigation by that other body, organisation, agency or entity; and (b) it is in the public interest to refer the complaint to that other body, organisation, agency or entity. (3) If a complaint, part of a complaint or any matter arising from a complaint is referred to another body, organisation, agency or entity under subsection (1) or (2), the Commissioner may provide any information that the Commissioner has received in respect of the complaint to the body, organisation, agency or entity to which the complaint or matter has been referred. 243 Commissioner may accept complaints and undertakings s. 243 (1) If the Commissioner accepts a complaint, the Commissioner must advise by written notice, as
Division 5—Monitored leave 285 Monitored leave application and grant s. 285 (1) An application for monitored leave for a security patient may be made to the Secretary to the Department of Justice by the following persons— (a) the security patient; (b) the authorised psychiatrist for the designated mental health service in which the security patient is detained; (c) any person, at the request of the security patient; (d) a guardian of the security patient; (e) a parent of the security patient, if the patient is under the age of 16 years; (f) the Secretary to the Department of Human Services, if the security patient is the subject of a custody to Secretary order or a guardianship to Secretary order. (2) An application for monitored leave may be made and granted under this section more than once, but only one grant of monitored leave may be in force at any one time in respect of a security patient. (3) The Secretary to the Department of Justice may grant monitored leave for a period not exceeding 6 months if, on the evidence available, he or she is satisfied that the health and safety of the security patient or the safety of any other person will not be seriously endangered as a result, having regard to the purpose of the monitored leave. (4) The purposes for which the Secretary to the Department of Justice may grant monitored leave are one or more of the following purposes— (a) to rehabilitate the security patient;
See: Act No. 49/1991. Reprint No. 15 as at 30 September 2013 and amending Act Nos 32/2013, 46/2013, 70/2013 and 77/2013. LawToday: www. legislation. vic.gov.au (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— "Court Assessment Order means an Order within the meaning of section 90;
is taken on 1 July 2014 to be received at a designated mental health service as an international forensic patient.". Division 3—Amendments to other Acts 455 Consequential and other amendments to other Acts s. 455 An Act specified in the heading to an item in the Schedule is amended as set out in that item. 456 Amendments consequential on Victoria Police Act 2013 In section 3(1)— (a) in the definition of Chief Commissioner of Police, for "Police Regulation Act 1958" substitute "Victoria Police Act 2013"; (b) in the definition of police officer, for "Police Regulation Act 1958" substitute "Victoria Police Act 2013". 457 Amendments consequential on Legal Profession Uniform Law Application Act 2014 In section 3(1), the definitions of Australian lawyer and Australian legal practitioner are repealed. __________________ SCHEDULE Sch. Section 455 Division 1—Consequential amendments 1 Accident Compensation Act 1985
12.1 In section 18A(1)(d), for "Mental Health Act 1986" substitute "Mental Health Act 2014". 12.2 For section 18A(5)(d) substitute— "(d) a prescribed premises within the meaning of Part 9 of the Mental Health Act 2014;". 13 Health Services Act 1988 Sch. 13.1 In section 17AB, for "section 117B of the Mental Health Act 1986" substitute "section 328 of the Mental Health Act 2014". 13.2 In section 139(1), for "psychiatric services" substitute "mental health service providers". 13.3 In section 139(2)(a)— (a) for "psychiatric service" substitute "mental health service provider"; (b) for "psychiatric services" substitute "mental health service providers". 13.4 In section 139(2)(b), for "psychiatric services" substitute "mental health service providers". 13.5 In section 139(2A)— (a) insert the following definition— "mental health service provider has the same meaning as in section 3(1) of the Mental Health Act 2014;"; (b) the definition of psychiatric service is repealed. 14 Human Services (Complex Needs) Act 2009 14.1 In section 3, the definition of Mental Health Review Board is repealed. 14.2 In section 3—