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; consumer means a person who— (a) has received mental health services from a mental health service provider; or s. 3 (b) is receiving mental health services from a mental health service provider; or (c) was assessed by an authorised psychiatrist and was not provided with treatment; or
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; Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; Secretary to the Department of Human Services means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Human Services; Secretary to the Department of Justice means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Justice; Secure Treatment Order means an Order within the meaning of section 275; s. 3 security patient means a person who is not subject to an Order made under Part 4, but is detained in a designated mental health service and is subject to (irrespective of whether the person is absent with or without leave from the designated mental health service)— (a) a Court Secure Treatment Order; or (b) 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
(b) is satisfied that the treatment criteria apply to the person. (2) In determining whether the treatment criteria apply to the person, the authorised psychiatrist— (a) must, to the extent that is reasonable in the circumstances, have regard to all of the following— (i) the person's views and preferences about treatment of his or her mental illness and the reasons for those views and preferences, including any recovery outcomes that the person would like to achieve; (ii) the views and preferences of the person expressed in his or her advance statement; (iii) the views of the person's nominated person; (iv) the views of a guardian of the person; (v) the views of a carer of the person, if the authorised psychiatrist is satisfied that making a Temporary Treatment Order will directly affect the carer and the care relationship; (vi) the views of a parent of the person, if the person is under the age of 16 years; (vii) the views of 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) may consider other information communicated to the authorised psychiatrist by persons other than the person who was examined.
(3) Subject to subsection (4), as soon as practicable after the authorised psychiatrist is notified under subsection (2) about the use of seclusion of a person, the authorised psychiatrist must examine the person and determine if the continued use of seclusion of the person is necessary. (4) If the authorised psychiatrist is not reasonably available to examine a person under subsection (3), the authorised psychiatrist must ensure that a registered medical practitioner examines the person and determines whether the continued use of seclusion of the person is necessary as soon as practicable after the authorised psychiatrist is notified under subsection (2). (5) The authorised psychiatrist or registered medical practitioner, as the case may be, may authorise the continued use of seclusion if he or she is satisfied that the continued use of seclusion of the person is necessary. 112 Monitoring of person in seclusion s. 112 (1) A person receiving mental health services in a designated mental health service who is kept in seclusion must be monitored in accordance with this section. (2) A registered nurse or registered medical practitioner must clinically observe a person in seclusion as often as is appropriate, having regard to the person's condition, but not less frequently than every 15 minutes. (3) Subject to subsection (4), an authorised psychiatrist must examine a person kept in seclusion as frequently as the authorised psychiatrist is satisfied is appropriate in the
chief psychiatrist must ensure that reasonable steps are taken to notify the following— (a) the specified person; (b) the specified person's nominated person; (c) a guardian of the specified person; (d) a carer of the specified person, if the chief psychiatrist is satisfied that the direction will directly affect the carer and the care relationship; (e) a parent of the specified person, if the specified person is under the age of 16 years; (f) the Secretary, if the specified person is the subject of a custody to Secretary order or a guardianship to Secretary order. 130 Chief psychiatrist may conduct clinical reviews s. 130 (1) The chief psychiatrist may conduct a clinical review in respect of one or more specified mental health service providers to identify processes and practices that need to be changed to improve the quality and safety of the mental health services being provided. (2) A clinical review may be conducted in respect of any aspect of the mental health services provided by the specified mental health service provider. (3) The process for conducting a clinical review is at the discretion of the chief psychiatrist. 131 Chief psychiatrist to give notice of intention to conduct clinical review (1) The chief psychiatrist must give a written notice to the mental health service provider in respect of which a clinical review will be conducted. (2) A notice under subsection (1) must—
action that has been, is, or will be, taken in relation to the recommendations. (6) The chief psychiatrist may continue to monitor a mental health service provider after receiving a written response to the report prepared under this section. (7) For the purposes of subsection (6), the chief psychiatrist may— (a) request further information from the mental health service provider; and (b) conduct another clinical review of the mental health service provider. 133 Standards, guidelines or practice directions to address systemic issues identified in clinical review s. 133 The chief psychiatrist may prepare and issue standards, guidelines or practice directions to address any systemic issues identified during a clinical review and to improve the quality and safety of mental health services provided by mental health service providers. 134 Chief psychiatrist may conduct clinical practice audit (1) The chief psychiatrist may conduct a clinical practice audit of a specified practice or matter related to the mental health services provided by one or more mental health service providers to identify systemic issues or trends that need to be addressed to improve the quality and safety of the mental health services being provided. (2) The chief psychiatrist may conduct a clinical practice audit under this section— (a) on his or her own initiative; or (b) at the request of the Secretary. 135 Chief psychiatrist must make record
(1) The principal registrar may reject an application made to the Tribunal if the application— (a) is made by a person who is not entitled to make that application under this Act; or (b) is lodged after the time for making that application has expired; or (c) does not comply with requirements under this Act, the regulations or the rules. (2) The principal registrar must advise any person whose application is rejected under subsection (1) that the person may seek a review by the President of the principal registrar's decision under that subsection. (3) The President must review on the papers a decision of the principal registrar to reject an application under subsection (1) if the person who made the application seeks a review of that decision. (4) After conducting a review of a decision by the principal registrar under subsection (3), the President may— (a) confirm the principal registrar's decision to reject the application; or (b) direct the principal registrar to accept the application. (5) The principal registrar may refer an application specified in subsection (1) directly to the President for a determination by the President under subsection (4). (6) The President may decide to reject an application referred to it by the principal registrar under subsection (5) if the application— (a) is made by a person who is not entitled to make that application under this Act; or
(b) in the case of a person who is subject to a Secure Treatment Order, under section 280(1). (2) An authorised psychiatrist must notify the Tribunal (unless the Tribunal ordered that the person be discharged as a security patient) as soon as practicable after discharging a person as a security patent. (3) An authorised psychiatrist who has discharged a person as a security patient must ensure that reasonable steps are taken— (a) to notify the person that he or she has been discharged as a security patient and to explain to the person the purpose and effect of the discharge; and (b) to notify the following persons in relation to the person who is discharged that the person has been discharged— (i) the nominated person; (ii) a guardian; (iii) a carer, if the authorised psychiatrist is satisfied that the discharge 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 security patient is the subject of a custody to Secretary order or a guardianship to Secretary order. (3) As soon as practicable after the Secretary to the Department of Justice is notified under subsection (1), the Secretary to the Department of Justice must make the necessary arrangements to take the
(1) The board of directors must prepare, in consultation with the Secretary, a statement of priorities for the Institute for each financial year in accordance with subsection (4). (2) The board of directors must give a copy of the proposed statement of priorities to the Minister on or before 1 October in each year for approval. (3) If the board of directors and the Minister do not agree on a statement of priorities on or before 1 October, the Minister may make a statement of priorities for the relevant financial year in accordance with subsection (4). (4) A proposed statement of priorities must specify— (a) the services to be provided by the Institute and the funds to be provided to the Institute; and (b) the objectives, priorities and key performance outcomes to be met by the Institute; and (c) the performance indicators, targets or other measures against which the Institute's performance is to be assessed and monitored; and (d) how and when the Institute must report to the Minister and the Secretary on its performance in relation to the specified objectives, priorities and key performance outcomes; and (e) such other matters as, from time to time, are— (i) agreed by the Minister and the board of directors; or (ii) determined by the Minister.
(e) any member of the board or former member of the board of the mental health service provider. Penalty: 60 penalty units. (2) Subsection (1) does not apply in the following circumstances— (a) the person to whom the health information relates consents to its disclosure; (b) the person to whom the health information relates is deceased and the senior available next of kin of the person consents to its disclosure; (c) the disclosure is reasonably necessary for the mental health service provider to perform functions or exercise powers under this or any other Act; (d) the disclosure is permitted by an Act other than the Health Records Act 2001; (e) the disclosure is permitted by Health Privacy Principle 2.1, 2.2(a), (f), (g), (h) or (k) or 2.5; (f) the disclosure is required by another mental health service provider or a health service provider (within the meaning of section 3 of the Health Records Act 2001) to provide health services (within the meaning of section 3 of the Health Records Act 2001) to the person to whom the health information relates; (g) the disclosure is made in general terms to a friend, family member or carer of the person to whom the health information relates and the disclosure is not contrary to the views and preferences expressed by the person that the health information must not be disclosed to that friend, family member or carer; s. 346
public health service within the meaning of the Health Services Act 1988. S. 351(5) amended by No. 55/2014 s. 175(6). (5) As soon as practicable after apprehending a person under this section or being handed a person apprehended by a protective services officer under subsection (4A)(a), a police officer must arrange for the person to be taken to— (a) a registered medical practitioner or mental health practitioner; or (b) a public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988 to enable a registered medical practitioner or mental health practitioner— to examine the person in accordance with section 30 to determine whether to make an Assessment Order. S. 351(5A) inserted by No. 55/2014 s. 175(7). (5A) A person apprehended under this section by a protective services officer is released from the custody of the protective services officer when— (a) the person enters into the custody of a police officer; or (b) if subsection (4A)(b)(i) applies, the person is made subject to an Assessment Order; or (c) if subsection (4A)(b)(ii) applies, the person enters into the care of the public hospital, denominational hospital, privately-operated hospital or public health service within the meaning of the Health Services Act 1988. (6) A person apprehended under this section is released from the custody of the police officer when— s. 351
"(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— Sch. "(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 8.1 In section 3, in the definition of in detention, for paragraph (c) substitute—