Mental Health Act 1990 Regulation relating to records of involuntary patients (1992-18) [GG No 7 of 17.1.1992] (NSW)

1992—No. 18

MENTAL HEALTH ACT 1990—REGULATION

(Relating to records of involuntary patients)

NEW SOUTH WALES

[Published in Gazette No. 7 of 17 January 1992]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Mental Health Act 1990, has been pleased to

make the Regulation set forth hereunder.

JOHN HANNAFQRD

Minister for Health and Community Services.

Commencement

1. This Regulation commences on 20 January 1992.

Amendment

2. The Mental Health Regulation 1990 is amended:

(a)

by omitting clause 44 and by inserting instead the following Involuntary admissions to be reported to Tribunal

44. (1) The medical superintendent of a hospital must report to

the Tribunal particulars of each person (other than a forensic patient or an informal patient) admitted to the hospital as a patient and each person who is detained as a patient after being an informal patient.
(2) The report is to be to the effect of Form 29 and is to be made as soon as practicable (but not later than 21 days) after the occurrence of the first of any of the following events in relation to a patient or detained person:

(a) the conclusion of a Magistrate’s inquiry in respect of a

patient;

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(b) the discharge of a patient by the hospital;

(c) a patient becoming an informal patient after being detained in the hospital as a temporary patient or continued treatment patient;

(d) a person ceasing to be detained in the hospital.
(3) A report is not required to be made by the medical

superintendent of a hospital about any temporary patient or continued treatment patient transferred to the hospital from another hospital.

(b) by omitting Form 29 from Schedule 1 and by inserting instead the following form:

FORM 29

(C1. 44)

MENTAL HEALTH ACT 1990

Section 302 (2) (m)

PSYCHIATRIC ADMISSIONS

(Advice to Mental Health Review Tribunal)

INSTRUCTIONS

Follow the instructions set out below to fill out this form. Tick the

boxes provided or write in the information required.

For patients reclassified from informal patients to involuntary patients

Fill out Sections A, B and D only of this form.

For other patients (not being forensic patients or informal patients) detained in the hospital

Fill out Sections A, C and D only of this form.

When to fill out the form

The form should be filled out as soon as practicable after the occurrence of the first of any of the following events in relation to a patient or detained person:

• conclusion of Magistrate’s inquiry in respect of a patient
• discharge of a patient

1992—No. 18

a temporary patient or continued treatment patient being
reclassified as an informal patient

a person ceasing to be detained in the hospital

Where to send the form

This form is to be sent not later than 21 days after the first event occurs

to:

The Registrar

Mental Health Review Tribunal

P.O. Box B19

BORONIA PARK NSW 2111 Fax No. [phone]

Should you have any questions about the form contact the Registrar or

Deputy Registrar of the Tribunal on [phone].

SECTION A. INVOLUNTARY

To be completed for all involuntary patients.

Hospital
Medical Record Number
Date of Birth
Sex
Country of Birth

Interpreter required Yes [ ] No [ ] Language

SECTION B. RECLASSIFICATION

To be completed for all Patients reclassified from informal to involuntary and for all patients presenting voluntarily but who are scheduled at the admission office.

Q7. If the patient was reclassified to involuntary, when was this done?

SECTION C. INITIAL ADMISSION

To be completed for patients taken to hospitals only.

Q8.

Date taken to hospital

Q9.

Method of referral (Tick one box)

[ ] Certificate of Medical Practitioner	s. 21
[ ] Request by Relative/Friend	s. 23
[ ] Apprehension by Police	s. 24

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[ ] Order under s. 33 Mental Health (Criminal

Procedure Act) 1990 s. 25

[ ] Welfare Officer or Welfare Officer with

police assistance s. 26

[ ] Authorised medical practitioner’s certificate ss. 21, 27

[ ] Breach of Community Treatment Order s.142

Q10. After examination, was the patient admitted?

[ ] yes [ ] No

Q11. On admission was the patient classified as

[ ] Informal
[ ] Involuntary, mentally ill

[ ] Involuntary, mentally disordered

Q12. Was patient discharged by hospital before Magistrate’s inquiry?

[ ] yes [ ] No

If yes, when?

SECTION D. INVOLUNTARY

To be completed for all involuntary patients.

Q13.	Was the patient presented to a Magistrate? [ ] Yes [ ] No
Q14.	If yes to Q13, what was the date of the inquiry?
(If inquiry Completed, proceed with Q16.)
Q15.	Was the case adjourned? [ ] Yes [ ] No If yes, until when? (N.B. If the patient was then presented again at a resumed hearing, proceed with Q16.)
Q16.	At the first or resumed hearing, what was the Magistrate’s decision?

Discharge
Defer discharge. For how long?
Classify patient as Temporary Patient.
Until when?
Make a Community Treatment Order

Make a Community Counselling Order

Any other order (please specify)

1992—No. 18

EXPLANATORY NOTE

The object of this Regulation is to prescribe a form for the provision to the Mental Health Review Tribunal of information about psychiatric patients admitted to hospitals.