Mental Health Amendment Act 2023 (ACT)
Mental Health Amendment Act 2023
A2023-44
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Contravention of mental health orderSection 77 (2) 2
5 Section 77 (3) 3
6 Section 77 (3) (b) 3
7 Section 77 (4) 3
8 Section 77 (5) 3
9 ApprehensionSection 80 (1) 4
10 New section 80 (2A) 4
11 Section 80 (3) 4
12 New section 80 (3A) 4
13 Contravention of forensic mental health orderSection 124 (2) 5
14 Section 124 (3) 5
15 Section 124 (4) 6
16 Contravention of forensic mental health order—absconding from facilitySection 125 (5) 6
17 Review of detention under court orderNew section 180 (3) (f) 6
18 Sections 180 (4) and 182 (5) 6
19 Mental health officersSection 201 (1) 7
20 Section 201, notes 1 to 3 7
21 New chapter 20 7
22 Dictionary, new definition of restraint 9
Mental Health Amendment Act 2023
A2023-44
An Act to amend the Mental Health Act 2015
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Mental Health Amendment Act 2023.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Mental Health Act 2015.
Contravention of mental health order
Section 77 (2)substitute
(2)The relevant official for the order or a mental health officer may take action to tell the person that failure to comply with the order may result in the person being apprehended and taken to an approved mental health facility or approved community care facility for treatment, care or support.
(2A)Action under subsection (2) must—
(a)be taken within 7 days of the contravention; and
(b)involve the taking of all reasonable steps to tell the person the information mentioned in subsection (2).
(2B)If the noncompliance continues after the taking of action under subsection (2), the relevant official or mental health officer may require the person to be detained at an approved mental health facility or approved community care facility to ensure compliance with the order.
NoteThe chief psychiatrist may make a determination requiring a person to be taken to a place for treatment, care or support (see s 62 (Role of chief psychiatrist—psychiatric treatment order)).
Section 77 (3)
omit
For subsection (2), a person complies with an order, if—
substitute
A person is taken to have complied with an order after the relevant official or mental health officer has taken action under subsection (2) if—
Section 77 (3) (b)
after
official
insert
or mental health officer
Section 77 (4)
omit
subsection (2) (c)
substitute
subsection (2B)
Section 77 (5)
omit
requires the detention of a person under subsection (2) (c), the relevant official
substitute
or mental health officer requires the detention of a person under subsection (2B), the relevant official or the mental health officer
Apprehension
Section 80 (1)omit
and take the person to an approved mental health facility
New section 80 (2A)
insert
(2A)A person apprehended under subsection (1) may be taken to an approved mental health facility by—
(a)the police officer or authorised ambulance paramedic who apprehended the person; or
(b)at the request of the police officer or authorised ambulance paramedic who apprehended the person—another police officer or authorised ambulance paramedic.
Section 80 (3)
omit
and take the person to an approved mental health facility
New section 80 (3A)
insert
(3A)A person apprehended under subsection (3) may be taken to an approved mental health facility by—
(a)the doctor or mental health officer who apprehended the person; or
(b)at the request of the doctor or mental health officer who apprehended the person—
(i)another doctor or mental health officer; or
(ii)a police officer; or
(iii)an authorised ambulance paramedic.
Contravention of forensic mental health order
Section 124 (2)substitute
(2)The relevant official for the order or a mental health officer may take action to tell the person that failure to comply with the order may result in the person being apprehended and taken to a relevant facility for treatment, care or support.
(2A)Action taken under subsection (2) must—
(a)be taken within 7 days of the contravention; and
(b)involve the taking of all reasonable steps to tell the person the information mentioned in subsection (2).
(2B)If the noncompliance continues after the taking of action under subsection (2), the relevant official or mental health officer may require the person to be detained at a relevant facility for treatment, care or support.
Section 124 (3)
omit
subsection (2) (c)
substitute
subsection (2B)
Section 124 (4)
after
official
insert
or mental health officer
Contravention of forensic mental health order—absconding from facility
Section 125 (5)after
official
insert
for the order
Review of detention under court order
New section 180 (3) (f)insert
(f)any information the chief psychiatrist or director-general has given to the ACAT about the treatment, care or support the person requires, including that the person be admitted to a particular approved mental health facility or approved community care facility.
Sections 180 (4) and 182 (5)
omit
stated mental health order or forensic mental health order
substitute
particular mental health order or forensic mental health order as in force from time to time
Mental health officers
Section 201 (1)omit
Minister
substitute
chief psychiatrist
Section 201, notes 1 to 3
substitute
NoteFor laws about appointments, see the Legislation Act, pt 19.3.
New chapter 20
insert
Chapter 20Transitional—Mental Health Amendment Act 2023
Meaning of commencement day—ch 20
In this chapter—
commencement day means the day the Mental Health Amendment Act 2023, section 3 commences.
Contravention of mental health order before commencement day
(1)This section applies if—
(a)a person contravened a mental health order in force immediately before the commencement day in relation to the person; and
(b)section 78 (Contravention of mental health order—absconding from facility) does not apply to the contravention; and
(c)the relevant official for the order did not take action under section 77 (2) as in force immediately before the commencement day in relation to the contravention.
(2)Section 77 applies in relation to the contravention.
Contravention of forensic mental health order before commencement day
(1)This section applies if—
(a)a person contravened a forensic mental health order in force immediately before the commencement day in relation to the person; and
(b)section 125 (Contravention of forensic mental health order—absconding from facility) does not apply to the contravention; and
(c)the relevant official for the order did not take action under section 124 (2) as in force immediately before the commencement day in relation to the contravention.
(2)Section 124 applies in relation to the contravention.
ACAT order not made before commencement day
(1)This section applies if—
(a)the ACAT was required to review a person’s detention and consider the person’s release under section 180 (2) as in force immediately before the commencement day; and
(b)the ACAT did not make an order in relation to the person.
(2)Section 180 applies in relation to the ACAT’s review of the person’s detention and consideration of the person’s release.
Expiry—ch 20
This chapter expires 2 years after the commencement day.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Dictionary, new definition of restraint
insert
restraint does not include the use of a spit hood.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 21 September 2023.
Notification
Notified under the Legislation Act on 15 November 2023.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Mental Health Amendment Bill 2023, which was passed by the Legislative Assembly on 31 October 2023.
Acting Clerk of the Legislative Assembly
© Australian Capital Territory 2023
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