parent, in relation to a person under the age of 18 years, includes the following— (a) a person who has custody or daily care and control of the person; (b) a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which by law parents have in relation to their children; (c) any other person who has the legal right to make decisions about medical treatment of the person; party in Part 10 means— (a) a person who makes a complaint; or (b) the consumer in relation to a complaint; or (c) the mental health service provider in relation to which a complaint is made; patient means— (a) a compulsory patient; or (b) a security patient; or (c) a forensic patient; S. 3(1) def. of police officer amended by No. 26/2014 s. 456(b). police officer means a member of the force within the meaning of the Victoria Police Act 2013; S. 3(1) def. of protective services officer inserted by No. 55/2014 s. 174. protective services officer has the same meaning as in section 3(1) of the Victoria Police Act 2013;
psychiatrist must not give consent to the medical treatment unless the delay in administering or performing the medical treatment could result in serious harm to, or deterioration in, the mental or physical health of the patient. 77 Urgent medical treatment (1) A health practitioner may perform medical treatment on a patient without obtaining the informed consent of the patient or a person specified in section 75 if the health practitioner is satisfied on reasonable grounds that the medical treatment is necessary, as a matter of urgency— (a) to save the patient's life; or (b) to prevent serious damage to the patient's health; or (c) to prevent the patient from suffering or continuing to suffer significant pain or distress. (2) A health practitioner who, in good faith, carries out, or supervises the carrying out, of medical treatment in the belief on reasonable grounds that the requirements of this section have been complied with is not— (a) guilty of assault or battery; or (b) guilty of professional misconduct or unprofessional conduct; or (c) liable in any civil proceedings for assault or battery. (3) Nothing in this section affects any duty of care owed by a health practitioner to a patient.
(2) A notice under subsection (1) must— (a) specify the scope and objectives of the investigation; and (b) specify the names of the investigators who will carry out the investigation; and (c) specify the expected date of commencement for the investigation and the expected length of the investigation. 254 Power of entry (1) The Commissioner, or at the direction of the Commissioner, an investigator, may enter the premises of a mental health service provider for the purposes of investigating a complaint. (2) The Commissioner or an investigator who enters the premises of a mental health service provider under subsection (1) may do any one or more of the following— (a) inspect, examine or make enquiries at the premises; (b) examine or inspect any thing, including a document or part of a document, at the premises; (c) bring any equipment or materials to the premises that may be required; (d) take any photographs or make any audio or visual recordings at the premises, including of a person at the premises provided the person has consented to having his or her photograph taken or the recording of him or her being made; (e) use any equipment at the premises; (f) make copies of, or take extracts from, any document kept at the premises;
1986, 373 Definitions (1) In this Part— 1986 Act means the Mental Health Act 1986; 2014 Act means the Mental Health Act 2014. (2) A word or expression that is defined in the 1986 Act and is used in this Part in relation to the 1986 Act has the same meaning as is given in the 1986 Act. 374 Mental Health Act 1986 repealed (1) The Mental Health Act 1986 is repealed. (2) Except as is expressly or by necessary implication provided in the 2014 Act, all persons, things and circumstances appointed or created by or under the 1986 Act or existing or continuing under the 1986 Act immediately before 1 July 2014 continue under and subject to the 2014 Act to have the same status, operation and effect as they would have had if the 1986 Act had not been repealed. (3) On and after 1 July 2014, any reference in any Act (other than the 2014 Act or regulation under the 2014 Act), regulation, subordinate instrument or other document whatsoever to the 1986 Act is to be construed as a reference to the 2014 Act, unless the contrary intention appears. (4) Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.
payment is taken to be an examination for the purposes of section 357 of the 2014 Act. 425 Constitution of the Mental Health Tribunal Despite anything to the contrary in section 179 of the 2014 Act, for a period starting on 1 July 2014 and ending on 30 June 2015, the President of the Mental Health Tribunal may, in relation to a proceeding in the general division of the Tribunal, determine that the Tribunal is determined by a legal member and a community member if the President is satisfied that a psychiatrist member or a registered medical practitioner member is not available. 426 President and members of the Mental Health Review Board (1) The person holding office as the President of the Mental Health Review Board under the 1986 Act immediately before 1 July 2014 is taken, on and after that day, to be the President of the Mental Health Tribunal until 1 June 2017, subject to Division 2 of Part 8 of the 2014 Act. (2) A person (except the President) holding office as a member of the Mental Health Review Board under the 1986 Act immediately before 1 July 2014 is taken to be an ordinary member of the Mental Health Tribunal on and after that day for remainder of his or her term of appointment, subject to Division 2 of Part 8 of the 2014 Act. (3) Despite subsection (2), a member of the Mental Health Review Board whose term of appointment expires on 25 July 2015 is taken to be an ordinary member of the Mental Health Tribunal until 24 February 2016, subject to Division 2 of Part 8 of the 2014 Act.