Mental Health Amendment (Psychiatrists) Act 2012 (WA)
Western Australia
Mental Health Amendment (Psychiatrists)
Act 2012
Western Australia
Mental Health Amendment (Psychiatrists)
Act 2012
CONTENTS
Part 1 — Preliminary matters
| 1. | Short title | 2 |
| 2. | Commencement | 2 |
| Part 2 — Mental Health Act 1996 |
amended
| 3. | Act amended | 3 |
| 4. | Section 3 amended | 3 |
| 5. | Section 216 inserted | 3 |
| 216. | Validation of certain acts and omissions | 3 |
Part 3 — Instruments amended
6. Hospitals and Health Services (Day Hospital
| |||
| 7. |
| ||
| 8. |
|
Western Australia
Mental Health Amendment (Psychiatrists)
Act 2012
No. 52 of 2012
An Act —
| • | to amend the definition of psychiatrist in the Mental Health Act 1996 section 3 and in certain instruments; and |
| • | to validate certain acts done, and omissions made, on or after 18 October 2010 but before the day on which this Act commences. |
[Assented to 29 November 2012]
The Parliament of Western Australia enacts as follows:
Mental Health Amendment (Psychiatrists) Act 2012
| Part 1 | Preliminary matters |
| s. 1 | |
| Part 1 — Preliminary matters |
1. Short title
This is the Mental Health Amendment (Psychiatrists) Act 2012.
2. Commencement
| This Act comes into operation on the day on which it receives the Royal Assent. |
Mental Health Amendment (Psychiatrists) Act 2012
| Mental Health Act 1996 amended | Part 2 |
s. 3
Part 2 — Mental Health Act 1996 amended
3. Act amended
This Part amends the Mental Health Act 1996.
4. Section 3 amended
In section 3 delete the definition of psychiatrist and insert:
psychiatrist means a medical practitioner —
| (a) | who is a fellow of the Royal Australian and New Zealand College of Psychiatrists; or | ||
| (b) |
| ||
| (c) | who holds limited registration under the Health Practitioner Regulation National Law (Western Australia) that enables the medical practitioner to practise in the specialty of psychiatry; |
5. Section 216 inserted
At the end of Part 10 Division 6 insert:
216. Validation of certain acts and omissions
| (1) | In this section — |
| act includes an omission. | |
| (2) | Any act done, or purportedly done, by or in relation to a psychiatrist under a written law on or after 18 October 2010 but before the day on which the Mental Health Amendment (Psychiatrists) Act 2012 commences is, and is taken always to have been, as |
Mental Health Amendment (Psychiatrists) Act 2012
| Part 2 | Mental Health Act 1996 amended |
| s. 5 | |
| valid as the act would have been if the amendments effected by the Mental Health Amendment (Psychiatrists) Act 2012 had been in force when the act was done. |
Note for section 216:
The Health Practitioner Regulation National Law (WA) Act 2010 section 110
commenced on 18 October 2010.
Mental Health Amendment (Psychiatrists) Act 2012
| Instruments amended | Part 3 |
s. 6
Part 3 — Instruments amended
6. Hospitals and Health Services (Day Hospital Facility) Determination (No. 2) 2005 amended
| (1) | This section amends the Hospitals and Health Services (Day Hospital Facility) Determination (No. 2) 2005. |
| (2) | In clause 3(2) delete the definition of psychiatrist and insert: |
psychiatrist has the meaning given in the Mental
Health Act 1996 section 3.
7. Poisons Regulations 1965 amended
| (1) | This section amends the Poisons Regulations 1965. |
| (2) | In regulation 2(1) delete the definition of psychiatrist and insert: |
psychiatrist has the meaning given in the Mental
Health Act 1996 section 3;
8. Power to amend or repeal unaffected
The amendment of an instrument by section 6 or 7 does not prevent that instrument from being amended or repealed by subsequent instrument.
0
0
0