S. 3(1) def. of approved mental health service inserted by No. 98/1995 s. 4(b), amended by No. 77/1997 s. 3, substituted by No. 76/2003 s. 29. approved mental health service means premises or a service— (a) proclaimed to be an approved mental health service under section 94, including the Victorian Institute of Forensic Mental Health; or (b) declared to be an approved mental health service under section 94A; S. 3(1) def. of approved psychiatric hospital repealed by No. 98/1995 s. 4(a). * * * * * s. 3 S. 3(1) def. of assessment order inserted by No. 76/2003 s. 4(1)(d). assessment order means an order made under section 90 of the Sentencing Act 1991; S. 3(1) def. of authority to transport inserted by No. 76/2003 s. 4(1)(d). authority to transport means an authority to transport under section 9A(1)(c); authorized psychiatrist means the person appointed as authorized psychiatrist under section 96; Board means the Mental Health Review Board established under section 21;
S. 3(1) def. of Chief General Manager substituted by No. 42/1993 s. 25(a), amended by No. 55/1996 s. 4(1)(a)(i), repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of chief psychiatrist amended by No. 32/1990 s. 33(a). chief psychiatrist means the person appointed as chief psychiatrist under section 105; S. 3(1) def. of community treatment order inserted by No. 42/1988 s. 4(1), amended by No. 98/1995 s. 4(c), substituted by No. 76/2003 s. 4(1)(a). community treatment order means an order made under section 14; s. 3 community visitor means a community visitor appointed under section 108; S. 3(1) def. of Correctional Services inserted by No. 7/2002 s. 36(1). Correctional Services Commissioner means the Commissioner referred to in section 8A of the Corrections Act 1986; S. 3(1) def. of Department amended by Nos 42/1993 s. 25(b), 55/1996 s. 4(1)(a)(ii). Department means the Department of Human Services;
S. 3(1) def. of mental illness inserted by No. 98/1995 s. 4(b). mental illness has the meaning given in section 8; S. 3(1) def. of Panel inserted by No. 65/1997 s. 86(1)(b). Panel means Forensic Leave Panel established under section 59 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; S. 3(1) def. of patient amended by Nos 98/1995 s. 4(e), 65/1997 s. 86(1)(c). patient means— (a) a forensic patient; or (b) an involuntary patient; or (c) a security patient; prescribed means prescribed by the regulations; President means the President of the Board appointed under section 21; S. 3(1) def. of primary carer amended by No. 98/1995 s. 4(f). primary carer means any person who is primarily responsible for providing support or care to a person other than wholly or substantially on a commercial basis; S. 3(1) def. of private hospital amended by No. 68/1996 s. 37. private hospital has the same meaning as in the Health Services Act 1988; s. 3 S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 37. protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958; S. 3(1) def. of psychiatric service repealed by No. 98/1995 s. 4(a). * * * * *
S. 3(1) def. of security patient amended by Nos 49/1991 s. 119(7) (Sch. 4 item 14.2), 98/1995 s. 4(g), 65/1997 s. 86(1)(d)(i)(ii), 67/1998 s. 16, 76/2003 s. 4(1)(c), substituted by No. 69/2005 s. 7(1)(e). security patient means— (a) a person detained in an approved mental health service under a hospital security order or a restricted hospital transfer order; or (b) a person detained in an approved mental health service while serving a sentence of imprisonment within the meaning of the International Transfer of Prisoners Act 1997 of the Commonwealth— including a person who is on leave of absence or special leave of absence or is absent without leave; S. 3(1) def. of senior available next of kin inserted by No. 27/2001 s. 6(Sch. 4 item 6). senior available next of kin has the same meaning as in the Human Tissue Act 1982; S. 3(1) def. of senior officer amended by No. 42/1988 s. 4(3), substituted by No. 98/1995 s. 4(h). senior officer, in relation to an approved mental health service, means the person appointed as the senior officer of that service under section 87A; S. 3(1) def. of treatment inserted by No. 98/1995 s. 4(b). treatment, in relation to a mental disorder, means things done in the course of the exercise of professional skills to— s. 3 (a) remedy the mental disorder; or (b) lessen its ill effects or the pain and suffering which it causes; S. 3(1) def. of treatment plan inserted by No. 76/2003 s. 4(1)(d). treatment plan for a patient, means the patient's treatment plan under section 19A;
(c) the provision of treatment and care should be designed to assist people with a mental disorder to, wherever possible, live, work and participate in the community; (d) the provision of treatment and care for people with a mental disorder should promote and assist self reliance; (e) people with a mental disorder should be provided with appropriate and comprehensive information about their mental disorder, proposed and alternative treatments, including medication, and services available to meet their needs; (f) people with a mental disorder should be treated near their homes or the homes of relatives or friends wherever possible; s. 6A (g) when receiving treatment and care the gender-related, religious, cultural, language and other special needs of people with a mental disorder should be taken into consideration; (h) the prescription of medication should meet the best health needs of the person with a mental disorder and should be given only for therapeutic or diagnostic purposes and never as a punishment or for the convenience of others; (i) treatment and care should be provided by appropriately qualified people and within a multi-disciplinary framework;
health practitioners for the purposes of this Part; prescribed person means— (a) a member of the police force; or (b) an ambulance officer; or (c) a person who is a member of a class prescribed as a class of prescribed persons for the purposes of this Part; prescribed registered medical practitioner means a registered medical practitioner of a class prescribed as a class of registered medical practitioners for the purposes of this Part. Division 2—Involuntary patients S. 8 (Heading) inserted by No. 76/2003 s. 6(1). 8 Criteria for involuntary treatment s. 8 S. 8(1) amended by Nos 42/1988 s. 4(5), 98/1995 s. 11(1), 41/2002 s. 30(a), substituted by No. 76/2003 s. 6(2). (1) The criteria for the involuntary treatment of a person under this Act are that— (a) the person appears to be mentally ill; and (b) the person's mental illness requires immediate treatment and that treatment can be obtained by the person being subject to an involuntary treatment order; and (c) because of the person's mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person's physical or mental condition or otherwise) or for the protection of members of the public; and
S. 10(8) inserted by No. 67/2003 s. 10(2). (8) If an arrangement is made under this section to have a person examined by a registered medical practitioner, a registered medical practitioner may examine the person for the purposes of section 9. S. 10(9) inserted by No. 67/2003 s. 10(2). (9) Nothing in this section limits— (a) any other powers of a registered medical practitioner or mental health practitioner in relation to that person under this Act; or (b) any other powers of a member of the police force in relation to that person. S. 10(10) inserted by No. 67/2003 s. 10(2), repealed by No. 76/2003 s. 8(b). * * * * * 11 Persons incapable of caring for themselves s. 11 (1) Where a member of the police force or any other person has reasonable grounds for believing that a person who appears to be mentally ill is because of mental illness incapable of caring for herself or himself the member of the police force or that other person may give the information upon oath to a magistrate. S. 11(2) amended by No. 23/1994 s. 118(Sch. 1 item 38.5). (2) A magistrate may upon that information authorize and direct a member of the police force accompanied by a registered medical practitioner to visit and examine that person. (3) An authorization and direction under subsection (2) is to be in the form of a special warrant in the prescribed form. (4) A member of the police force acting under a special warrant may with such assistance as is required— (a) enter any premises; and
(c) the authorised psychiatrist or the chief psychiatrist (as the case requires) is satisfied on reasonable grounds that there is a significant risk of deterioration in the person's mental or physical condition because of the non-compliance. S. 15D(2) amended by No. 69/2005 s. 11(3)(a)(i). (2) If the authorised psychiatrist or the chief psychiatrist revokes a restricted community treatment order— S. 15D(2)(a) amended by No. 69/2005 s. 11(3)(a)(ii). (a) the authorised psychiatrist or the chief psychiatrist (as the case requires) must make reasonable efforts to inform the person that the order has been revoked and that the person must go to an approved mental health service; and S. 15D(2)(b) amended by No. 69/2005 s. 11(3)(a)(iii). (b) the person remains an involuntary patient under the person's restricted involuntary treatment order who is taken to be absent without leave from an approved mental health service. Note Section 43 provides for the apprehension of involuntary patients absent without leave. S. 15E inserted by No. 76/2003 s. 15. 15E Effect of person's detention etc. on restricted community treatment orders s. 15E S. 15E(1) amended by No. 69/2005 s. 11(3)(b). (1) A restricted involuntary treatment order or restricted community treatment order has no effect while a person subject to it is in custody under a sentence of imprisonment or under any order of a court requiring the person to be held in custody. S. 15E(2) repealed by No. 69/2005 s. 11(3)(c). * * * * *
S. 49(2) amended by No. 98/1995 s. 30(1)(3). (2) Where a security patient is transferred to another approved mental health service any documents relevant to the detention and future treatment of the patient must be forwarded at the same time to that approved mental health service. S. 49(3) amended by Nos 98/1995 s. 30(1), 45/1996 s. 18(Sch. 2 item 10.12). (3) The chief psychiatrist must notify the Secretary to the Department of Justice that a security patient has been transferred to another approved mental health service under subsection (1). S. 49(4) inserted by No. 42/1988 s. 14(3). (4) A security patient subject to a transfer order under subsection (1) may appeal to the Board against the transfer. S. 49(5) inserted by No. 42/1988 s. 14(3). (5) On an appeal under subsection (4), the Board must consider whether the transfer— S. 49(5)(a) amended by No. 32/1990 s. 33(d). (a) will be of benefit to the patient; or S. 49(5)(b) amended by Nos 32/1990 s. 33(b), 98/1995 s. 30(2). (b) is necessary for the patient's treatment. S. 49(6) inserted by No. 42/1988 s. 14(3). (6) On an appeal under subsection (4), the Board may— (a) confirm the decision of the chief psychiatrist to transfer the patient; or (b) direct that the patient— S. 49(6)(b)(i) amended by No. 98/1995 s. 30(1). (i) continue to be detained in the same approved mental health service; or
S. 49(6)(b)(ii) amended by No. 98/1995 s. 30(1). (ii) if the patient has already been transferred, be returned to the approved mental health service from which the patient was transferred. 50 Automatic discharge as a security patient at expiration of sentence s. 50 S. 50(1) amended by No. 42/1988 s. 14(4), substituted by No. 32/1990 s. 17, amended by Nos 98/1995 s. 31, 69/2005 s. 24(a). (1) A person detained in an approved mental health service as a security patient ceases to be a security patient immediately upon— (a) the person being granted bail; or (b) the person being released from custody by a court; or S. 50(1)(c) amended by Nos 69/1992 s. 36(b), 69/2005 s. 24(b), 48/2006 s. 42(Sch. item 27.5). (c) the expiry of the person's sentence of imprisonment or detention in a youth residential centre or youth justice centre; or S. 50(1)(d) inserted by No. 69/2005 s. 24(c). (d) the expiry of the person's hospital security order. S. 50(2) amended by Nos 42/1988 s. 14(4), 69/1992 s. 36(b), 45/1996 s. 18(Sch. 2 item 10.13), 48/2006 s. 42(Sch. item 27.5). (2) The Secretary to the Department of Justice must notify the chief psychiatrist when the sentence of imprisonment or detention in a youth residential centre or youth justice centre of a patient is to expire.
(b) any other person authorized to that effect by that person. 60 Procedure of Psychosurgery Review Board s. 60 (1) The Psychosurgery Review Board— (a) must, in hearing any matter, act according to equity and good conscience without regard to technicalities or legal forms; and (b) is bound by the rules of natural justice; and (c) is not required to conduct any proceedings in a formal manner. (2) The Psychosurgery Review Board is not bound by rules or practice as to evidence but may inform itself in relation to any matter in such manner as it thinks fit. (3) Evidence before the Psychosurgery Review Board— (a) may be given orally or in writing or partly orally and partly in writing; and (b) may be given— (i) on oath or affirmation; or (ii) by declaration instead of an oath where permitted by law. (4) A member of the Psychosurgery Review Board may administer an oath or take an affirmation or declaration for the purposes of this Division. (5) Evidence given before the Psychosurgery Review Board is not to be used in any civil or criminal proceedings other than proceedings for an offence against this Act or for perjury. s. 60 (6) The Psychosurgery Review Board may of its own motion or on the application of any party to the application before it cause to be served upon any person a summons to appear before the
(1) The consent of the Psychosurgery Review Board under section 64(a) must specify the following— S. 66(1)(a) amended by No. 23/1994 s. 118(Sch. 1 item 38.11(a) (b)). (a) the name of the registered medical practitioner or registered medical practitioners authorized to perform the psychosurgery; (b) the nature of the psychosurgery to be performed; S. 66(1)(c) amended by No. 98/1995 s. 37(4). (c) the service, hospital or clinic in which the psychosurgery is to be performed; (d) the period within which the psychosurgery is to be performed. (2) A consent of the Psychosurgery Review Board expires on the day specified in the consent unless before that expiry the Psychosurgery Review Board grants an application for an extension. (3) The Psychosurgery Review Board must cause notice of the consent to be given to— (a) the applicant; and (b) the person in respect of whom the application is made; and (c) the legal representative and advocate if any of the person in respect of whom the application is made. 67 Notice of refusal of consent s. 67 S. 67(1) amended by No. 32/1990 s. 33(e). (1) Where the Psychosurgery Review Board refuses to give its consent under section 64(1)(b) the Psychosurgery Review Board must give its reasons in writing for refusing to give its consent. (2) The Psychosurgery Review Board must cause notice of its refusal of consent to be given to— (a) the applicant; and
(ii) to prevent the person from causing injury to himself or herself or any other person; or S. 81(1)(a)(iii) amended by No. 98/1995 s. 43(1)(c). (iii) to prevent the person from persistently destroying property; and s. 80 (b) if the use and form of restraint has been— (i) approved by the authorized psychiatrist; or S. 81(1)(b)(ii) amended by No. 98/1995 s. 43(1)(d)(i)(ii). (ii) in the case of an emergency, authorized by the senior registered nurse on duty and notified to a registered medical practitioner without delay; and (c) for the period of time specified in the approval or authorization under paragraph (b). S. 81(1A) inserted by No. 98/1995 s. 43(2). (1A) In this section mechanical restraint, in relation to a person, means the application of devices (including belts, harnesses, manacles, sheets and straps) on the person's body to restrict his or her movement, 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 capacity to get off the furniture. S. 81(1B) inserted by No. 98/1995 s. 43(2). (1B) In the circumstances referred to in subsection (1)(b)(ii) the senior registered nurse must notify the authorised psychiatrist of the application of mechanical restraint as soon as practicable. S. 81(1C) inserted by No. 98/1995 s. 43(2). (1C) It is not necessary to obtain a person's consent to the application of mechanical restraint to him or her. S. 81(1D) inserted by No. 98/1995 s. 43(2). (1D) If mechanical restraint is applied to a person, he or she must— s. 81
S. 85(3) inserted by No. 42/1988 s. 15(9)(c), amended by No. 42/1993 s. 30(4)(b), substituted by No. 98/1995 s. 45(6). (3) It is the duty of the authorised psychiatrist to ensure that the prescribed details in relation to a major non-psychiatric treatment are entered in the register as soon as practicable after the treatment is performed. S. 86 amended by Nos 32/1990 s. 33(f), 98/1995 s. 46, 52/1998 s. 311(Sch. 1 item 61.6), 40/1999 s. 26(3)–(5), repealed by No. 41/2002 s. 41. * * * * * Division 5—Annual examination s. 87 87 Annual examination of patients (1) Every patient must at least once every year be examined as to the patient's mental and general health. (2) The authorized psychiatrist must submit a report of the examination made under subsection (1) to the chief psychiatrist. Pt 5 Div. 6 (Heading and ss 88–93) substituted by No. 42/1988 s. 16. Division 6—Patient's money
S. 88(3)(b) repealed by No. 98/1995 s. 48(1)(d). * * * * * (c) any expenses necessarily incurred in making or as a result of any investment, and any loss incurred on the realisation of any investment of money in the Account. S. 88(4) repealed by No. 98/1995 s. 48(1)(e). * * * * * S. 89 substituted by No. 42/1988 s. 16, amended by Nos 98/1995 s. 48(2)(a)(i)(ii), 104/1995 s. 6(Sch. 1 item 18). s. 89 89 Investment Money standing to the credit of the Patients Trust Account of an approved mental health service that is not immediately required for use by patients of the approved mental health service may be invested in any manner in which trust funds may be invested under the Trustee Act 1958. S. 90 substituted by No. 42/1988 s. 16, amended by No. 98/1995 s. 48(2)(b)(i). 90 Financial management information system The senior officer of an approved mental health service must maintain the following accounts relating to money in the Patients Trust Account— S. 90(a) amended by No. 98/1995 s. 48(2)(b)(ii). (a) an account for each patient of the approved mental health service for whom or on whose behalf any money is held in the Patients Trust Account; S. 90(b) repealed by No. 98/1995 s. 48(2)(b)(iii). * * * * *
S. 93(d) repealed by No. 98/1995 s. 48(2)(e). * * * * * _______________ Pt 5A (Headings and ss inserted by No. 55/1996 s. 3. Division 1—Introductory S. 93A inserted by No. 55/1996 s. 3. s. 93A 93A Definitions In this Part— corresponding law means a law that, under an Order in force under section 93B, is declared to be a corresponding law for the purposes of this Part; corresponding order means an order that, under an Order in force under section 93B, is declared to be a corresponding order for the purposes of this Part; interstate mental health facility means a hospital or other facility to which a person in a participating State may be involuntarily admitted under a corresponding law in that State; interstate authority, for an interstate mental health facility, means a person performing a similar or corresponding function to an authorised psychiatrist in relation to that facility; participating State means a State— (a) in which a corresponding law is in force; and
S. 93G inserted by No. 55/1996 s. 3. 93G Transfer of patients from this State s. 93G (1) An authorised psychiatrist or the chief psychiatrist may, by order, transfer an involuntary patient to an interstate mental health facility if— S. 93G(1)(a) repealed by No. 76/2003 s. 26(3)(b). * * * * * (b) the authorised psychiatrist or chief psychiatrist is satisfied that the transfer will be of benefit to the patient or is necessary for the patient's treatment; and (c) the transfer is permitted by or under a corresponding law; and (d) the interstate authority for the interstate mental health facility agrees to the transfer. (2) The authorised psychiatrist or chief psychiatrist must send a copy of a transfer order to the Board for review under this section. (3) The Board must review a transfer order without delay, and— (a) if the Board considers that the transfer— (i) would be of benefit to the patient; or (ii) is necessary for the patient's treatment— it may confirm the transfer order; or S. 93G(3)(b) substituted by No. 76/2003 s. 26(3)(c). (b) otherwise, it must refuse to confirm the transfer order.
(4) For the purposes of a review under this section, sections 31 to 35 apply as if the review were a review under section 30. (5) A transfer order does not take effect unless and until it has been confirmed by the Board. S. 93G(6) amended by No. 76/2003 s. 26(3)(d). (6) A person who is transferred under this section ceases to be an involuntary patient on admission to the interstate mental health facility or on being made subject to a corresponding order. (7) A person who is transferred under this section may be taken to the interstate mental health facility by— S. 93G(7)(a) substituted by Nos 7/2002 s. 45(1), 76/2003 s. 26(3)(e). (a) a prescribed person; or S. 93G(7)(b) substituted by No. 7/2002 s. 45(1). (b) an authorized psychiatrist or any person authorized by an authorized psychiatrist; or S. 93G(7)(c) inserted by No. 7/2002 s. 45(1). (c) an employee of the Department authorized by the chief psychiatrist; or s. 93G S. 93G(7)(d) inserted by No. 7/2002 s. 45(1). (d) a person who, under the corresponding law, is authorized to take the person to the interstate mental health facility. S. 93G(8) amended by No. 76/2003 s. 26(3)(f). (8) Section 9B applies to a person being taken to an interstate mental health facility under this section as if that person were a person to whom a recommendation relates being taken to an appropriate approved mental health service. S. 93G(9) inserted by No. 76/2003 s. 26(4). (9) This section does not apply to an involuntary patient who is subject to a hospital transfer order,
(3) Division 2 of Part 3 applies to a person referred to in subsection (1) and, for that purpose— (a) any document that authorises the transfer under the corresponding law is taken to be a request and recommendation under section 9; and S. 93H(3)(b) amended by No. 76/2003 s. 26(6)(b)(i). (b) if there is no such document, the person may be detained in the approved mental health service for the minimum time reasonably necessary to allow a request and recommendation to be completed in respect of the person under section 9. S. 93H(3)(c) repealed by No. 76/2003 s. 26(6)(b)(ii). * * * * * Division 3—Community treatment orders S. 93I inserted by No. 55/1996 s. 3. 93I Extra-territoriality s. 93I A community treatment order— (a) may be made under section 14 even though the person to whom it relates does not reside in this State; and (b) may provide for the person to live in a participating State and to receive treatment in that State. S. 93J inserted by No. 55/1996 s. 3. 93J Interstate officers may perform functions under an interstate CTO A person who is authorised to perform functions or exercise powers under a corresponding order
S. 93K(4) amended by No. 76/2003 s. 26(6)(d). (4) Section 9B applies to a person being taken to an interstate mental health facility under this section as if that person were a person to whom a recommendation relates being taken to an appropriate approved mental health service. S. 93K(5) inserted by No. 7/2002 s. 45(5), amended by No. 76/2003 s. 26(6)(e). (5) Despite subsection (3), a person who is apprehended under subsection (1) may be detained in an approved mental health service under Division 2 of Part 3 pending his or her return to the participating State. Note to s. 93K(5) inserted by No. 76/2003 s. 26(6)(f). Note A person detained under subsection (5) is an involuntary patient (see section 3(1)) and is to be treated for his or her mental illness (see section 12AD). S. 93K(6) inserted by No. 7/2002 s. 45(5). (6) For the purposes of this section, a person is taken to be absent without lawful authority from an interstate mental health facility if the person did not return to the facility when required to do so under a corresponding law. S. 93L inserted by No. 55/1996 s. 3. 93L Escort of Victorian patients apprehended interstate s. 93L A patient absent without leave from an approved mental health service who is apprehended in a participating State may be taken back to the approved mental health service by— (a) a person who, under a corresponding law in that State, is authorised to take the person to an interstate mental health facility in that State; or S. 93L(b) substituted by Nos 7/2002 s. 45(6), 76/2003 s. 26(6)(g). (b) a prescribed person; or S. 93L(c) inserted by No. 7/2002 s. 45(6). (c) the authorized psychiatrist or any person authorized by the authorized psychiatrist; or
S. 97(2) amended by Nos 68/1992 s. 114(Sch. 7 item 2.4 (a)–(c)), 59/1996 s. 10(Sch. 2 item 14), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 132.1). (2) A person or class of persons whose services are made available under subsection (1) to a person, association or organization remains subject to the Public Administration Act 2004 but may be subject to the direction and control of the person, association or organization for the purposes of duty in the assigned role to the extent and subject to any conditions determined and agreed to by the Secretary which cannot be less favourable than under the Public Administration Act 2004. Pt 6 Div. 3 (Heading and ss 98–104) amended by Nos 42/1988 s. 18, 32/1990 s. 23(1), 31/1994 s. 3(Sch. 1 items 42.1, 42.2), 98/1995 s. 46/1998 s. 7(Sch. 1), substituted as Pt 6 Div. 3 (Heading and ss 98–100) by No. 29/1999 s. 8. Division 3—Community support services S. 98 substituted by No. 29/1999 s. 8. 98 Definitions s. 98 In this Division— agency has the same meaning as in Division 1 of Part 3 of the Health Services Act 1988; community support services means services funded by the Secretary to provide care or support designed to assist people with a mental disorder, wherever possible, to live, work and participate in the community and includes psychiatric disability support services.
S. 123 substituted by No. 32/1990 s. 26(1). 123 Registered medical practitioner to specify facts s. 123 S. 123(1) amended by Nos 23/1994 s. 118(Sch. 1 item 38.20), 98/1995 s. 58(2), 76/2003 s. 27(5)(b)(i). (1) A registered medical practitioner who signs any recommendation or certificate in connection with the making of an involuntary treatment order or the admission of any person to an approved mental health service must— (a) specify the facts upon which the opinion that the person to whom the recommendation or certificate relates is mentally ill is based; and (b) distinguish the facts personally observed from— (i) facts not personally observed; and S. 123(1)(b)(ii) amended by No. 23/1994 s. 118(Sch. 1 item 38.20). (ii) facts communicated to the registered medical practitioner by any other person. S. 123(2) amended by Nos 23/1994 s. 118(Sch. 1 item 38.20), 98/1995 s. 58(2), 76/2003 s. 27(5)(b)(ii). (2) A person may be made subject to an involuntary treatment order or admitted to an approved mental health service on a recommendation or certificate which relies upon facts not personally observed by the registered medical practitioner if the registered medical practitioner— (a) has reasonable grounds for relying on those facts; and (b) has— (i) personally observed some fact which supports the recommendation or certificate; or
S. 125 amended by Nos 23/1994 s. 118(Sch. 1 item 38.22), 98/1995 s. 58(2), 76/2003 s. 27(5)(c). 125 Persons prohibited from signing recommendation or certificate A recommendation or certificate in connection with the making of an involuntary treatment order or the admission of any person to an approved mental health service is not valid if it is signed by a registered medical practitioner who is— (a) a relative or guardian of that person; or (b) the person by whom the request is made. 126 Offences in relation to recommendations or certificates S. 126(1) amended by Nos 23/1994 s. 118(Sch. 1 item 38.23), 98/1995 s. 58(2), 76/2003 s. 27(5)(c), 39/2010 s. 126. s. 125 (1) A registered medical practitioner who wilfully and falsely states or certifies anything in a recommendation or certificate in connection with the making of an involuntary treatment order or the admission of any person to an approved mental health service is guilty of professional misconduct unless the registered medical practitioner satisfies the Medical Board of Australia that there were valid reasons for doing so. S. 126(2) amended by Nos 23/1994 s. 118(Sch. 1 item 38.24), 98/1995 s. 58(2), 76/2003 s. 27(5)(c). (2) Any person not being a registered medical practitioner who signs a recommendation or certificate in connection with the making of an involuntary treatment order or the admission of any person to an approved mental health service is guilty of an offence against this Act and liable to a penalty of not more than 25 penalty units. S. 127 amended by Nos 23/1994 s. 118(Sch. 1 item 38.25), 46/1998 s. 7(Sch. 1). 127 Payment for recommendation Where a registered medical practitioner makes a recommendation under section 9 and is not entitled to receive payment for making the recommendation other than under this section, the registered medical practitioner may apply to the Secretary for payment of the prescribed recommendation fee.
128 Special payments and grants S. 128(1) amended by Nos 98/1995 s. 58(3)(a)(b), 46/1998 s. 7(Sch. 1). (1) Where the Secretary is satisfied that it would be beneficial to the treatment of a person with a mental disorder for the person to be provided with specified services outside an approved mental health service the Secretary may make such payments as he or she considers appropriate to enable the provision of those services. S. 128(2) amended by Nos 31/1994 s. 3(Sch. 1 item 42.3), 46/1998 s. 7(Sch. 1). (2) The Secretary may having regard to the Department's objectives and functions under this Act make grants to self-help organizations out of money available for the purpose. S. 129 amended by No. 98/1995 s. 58(2). 129 Provisions relating to private patients Where a person is admitted to an approved mental health service as a private patient the following provisions apply— s. 128 (a) a private psychiatrist approved by the authorized psychiatrist may treat the patient and charge the patient for the services provided by the private psychiatrist; S. 129(b) amended by No. 98/1995 s. 58(4). (b) the private psychiatrist may use only treatment approved by the Department and which is in accordance with the treatment policies of the approved mental health service; (c) the private psychiatrist must attend the patient at such times as may be specified by the authorized psychiatrist; S. 129(d) amended by No. 98/1995 s. 58(4). (d) the approved mental health service may charge the private psychiatrist for the cost of services provided by the approved mental health service to the patient.
(3) A person may resign from the office of community visitor by writing signed by that person and delivered to the Governor in Council. Sch. 5 cl. 2(4) repealed by No. 42/1988 s. 26(a). * * * * * (5) If a community visitor— (a) becomes bankrupt; or (b) is convicted of an indictable offence or of an offence which, if committed in , would be an indictable offence; or (c) becomes incapable of performing the duties of the office of community visitor; or (d) is removed from office or resigns from office; or Sch. 5 cl. 2(5)(e) repealed by No. 42/1988 s. 26(b). * * * * * (f) dies— the office of that community visitor becomes vacant. _______________ Sch. 6 repealed by No. 124/1993 s. 24(b). * * * * * Sch. 5 __________________
Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 16) on 1.11.09: s. 2 : This information relates only to the provision/s amending the Mental Health Act 1986 Health Services Legislation Amendment Act 2008, No. 79/2008 Assent Date: 11.12.08 Commencement Date: S. 19 on 31.3.09: Government Gazette 19.2.09 p. 328 : The information relates only to the provision/s amending the Mental Health Act 1986 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 86) on 1.1.10: Government Gazette 10.12.09 p. 3215 : The information relates only to the provision/s amending the Mental Health Act 1986 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 38) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Mental Health Act 1986 Pharmacy Regulation Act 2010, No. 39/2010 Assent Date: 30.6.10 Commencement Date: S. 126 on 24.8.10: Government Gazette 12.8.10 p. 1759 : This information relates only to the provision/s amending the Mental Health Act 1986 Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011 Assent Date: 6.9.11 Commencement Date: Ss 37, 38 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 : This information relates only to the provision/s amending the Mental Health Act 1986 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes