Australian Health Practitioner Regulation Agency means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law; S. 3(1) def. of Australian legal practitioner repealed by No. 26/2014 s. 457. * * * * * S. 3(1) def. of Australian lawyer repealed by No. 26/2014 s. 457. * * * * * 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
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); Community Court Assessment Order means an Order within the meaning of section 90(2) of the Sentencing Act 1991; Community Temporary Treatment Order means an Order within the meaning of section 45(2); Community Treatment Order means an Order within the meaning of section 52(2); Community Visitors Mental Health Board means the body referred to in section 221; compliance notice means a notice served on a mental health service provider under section 260; compulsory patient means a person who is subject to— (a) an Assessment Order; or (b) a Court Assessment Order; or (c) a Temporary Treatment Order; or (d) a Treatment Order; consent, in relation to health information, has the same meaning as it has in section 3(1) of the Health Records Act 2001;
registered nurse means a person who is registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student) and is in the registered nurses division of that profession; 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 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); restrictive intervention means seclusion or bodily restraint; rules, in Part 8, means rules made by the Rules Committee of the Tribunal; 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; S. 3(1) def. of Secretary amended by No. 15/2015 s 4(b). Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services; S. 3(1) def. of Secretary to the Department of Human Services repealed by No. 15/2015 s 4(c). * * * * *
(d) a Treatment Order. (2) Subject to subsection (3), an Order to which this section applies has no effect while a person who is subject to the Order is detained in custody. (3) An Order to which this section applies expires at the time it would otherwise have expired under this Act despite any period during which it has no effect by virtue of subsection (2). (4) For the purposes of this section, a person is detained in custody if the person is held in— (a) a prison; or (b) a remand centre, youth justice centre or youth residential centre within the meaning of the Children, Youth and Families Act 2005; or (c) a police gaol within the meaning of the Corrections Act 1986; or (d) immigration detention within the meaning of section 5 of the Migration Act 1958 of the Commonwealth, unless the person is assessed or receives treatment as an inpatient. Division 1—Capacity and informed consent 68 Capacity to give informed consent under this Act (1) A person has the capacity to give informed consent under this Act if the person—
investigation into the provision of mental health services by a mental health service provider if the chief psychiatrist or the Secretary (as the case may be) is of the opinion that the health, safety or wellbeing of a person is or was endangered as a result of those services. (2) In conducting an investigation, the chief psychiatrist may— (a) assess the quality and safety of mental health services provided by the mental health service provider; and (b) determine whether the mental health services are being provided in accordance with— (i) the standards, guidelines and practice directions issued by the chief psychiatrist; and (ii) this Act and the regulations and any Codes of Practice made under this Act. (3) An investigation conducted under this section may be in relation to— (a) any aspect of the mental health services provided by the mental health service provider, including any practice, procedure, restrictive intervention or treatment; or (b) the mental health services that are provided to a specified person. (4) The chief psychiatrist must give written notice of the investigation to the mental health service provider within a reasonable time before commencing the investigation. (5) Despite subsection (4), the chief psychiatrist may, if he or she is satisfied that it is necessary in the circumstances, dispense with giving notice of the investigation to the mental health service provider.
psychiatrist is satisfied that this is necessary for the forensic patient's treatment. (2) The chief psychiatrist must not make a direction under subsection (1) in respect of a forensic patient detained under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth but may recommend to the Attorney-General for the Commonwealth the making of an order under section 20BJ(2) or 20BM(7) of that Act varying the designated mental health service in which the forensic patient is detained. (3) In determining to make a direction under subsection (1), the chief psychiatrist must, to the extent that is reasonable in the circumstances, have regard to the matters referred to in section 307(3). 309 Role of authorised psychiatrist in transferring forensic patient (1) As soon as practicable after making a direction under section 307 or receiving a direction under section 308, the authorised psychiatrist must ensure that reasonable steps are taken— (a) to inform the forensic patient of the direction to take the forensic patient to another designated mental health service and to explain its purpose and effect; and (b) to notify the following persons in relation to the forensic patient of the direction— (i) the nominated person; (ii) a guardian; (iii) a carer, if the authorised psychiatrist is satisfied that the direction will directly affect the carer and the care relationship;
(b) a registered medical practitioner may administer sedation to the person or direct a registered nurse or ambulance paramedic to administer sedation to the person if— (i) all reasonable and less restrictive options have been tried or considered and have been found to be unsuitable; and (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.
(b) if the Mental Health Review Board reviewed the involuntary treatment order during the period starting on 1 January 2014 and ending on 30 June 2014, 6 months and 2 weeks after the date on which the Board conducted the review. (3) In relation to a person who is under the age of 18 years, an Inpatient Treatment Order referred to in subsection (1) is taken to come into force on 1 July 2014 and to remain in force, unless the Order is revoked or expires in accordance with section 55, 61 or 62, for 28 days. 395 Leave of absence for security patients granted under section 51 of 1986 Act (1) On and after 1 July 2014, an application for leave of absence for a security patient that, immediately before that day, is made under section 51 of the 1986 Act but not granted or refused to be granted, is taken to be an application for monitored leave made under section 285 of the 2014 Act. (2) On and after 1 July 2014, a leave of absence for a security patient that is granted immediately before that day under section 51 of the 1986 Act is taken to be a monitored leave granted under section 285 of the 2014 Act. (3) A monitored leave under section 285 of the 2014 Act that is referred to in subsection (1) is taken— (a) to have started on the day that the leave of absence granted under the 1986 Act started and to end on the day that the leave of absence granted under the 1986 Act would have ended; and (b) to be subject to the same conditions to which the leave of absence granted under the 1986 Act is subject.