Mental Health Amendment Regulations 2022 (Vic)

Mental Health Amendment Regulations 2022

S.R. No. 46/2022

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5New regulations 14 and 15 inserted

6Schedule 1 amended—Northern Health

7Schedule 1 amended—Western Health

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Endnotes

STATUTORY RULES 2022

S.R. No. 46/2022

Mental Health Act 2014

Mental Health Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 21 June 2022

Responsible Minister:

JAMES MERLINO
Minister for Mental Health

SAMUAL WALLACE

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are—

(a)to amend the Mental Health Regulations 2014 to prescribe 2 additional hospitals and services that are to be designated mental health services for the purposes of the Mental Health Act 2014; and

(b)to facilitate the variation of orders made under Part 4 of the Mental Health Act 2014 to enable the assessment or treatment described in the orders to be undertaken or provided by the newly prescribed designated mental health services.

2Authorising provision

These Regulations are made under section 370 of the Mental Health Act 2014.

3Commencement

(1)These Regulations, except regulation 7, come into operation on 1 July 2022.

(2)Regulation 7 comes into operation on 1 July 2023.

4Principal Regulations

In these Regulations, the Mental Health Regulations 2014[1] are called the Principal Regulations.

5New regulations 14 and 15 inserted

After regulation 13 of the Principal Regulations insert—

"14   Construction of references—Northern Health

(1)Subject to subregulation (2) or unless the context otherwise requires, on and from 1 July 2022, a reference to the designated mental health service known as Melbourne Health in an order made under Part 4 of the Mental Health Act 2014 is to be construed as a reference to the designated mental health service known as Northern Health if—

(a)the relevant order was made before 1 July 2022; and

(b)on and from 1 July 2022, the assessment or treatment under that order is to be undertaken or provided by an authorised psychiatrist appointed by Northern Health.

(2)Subregulation (1) does not affect any order made under Part 4 of the Mental Health Act 2014 if, on and from 1 July 2022, the assessment or treatment under that order continues to be undertaken or provided by an authorised psychiatrist appointed by Melbourne Health.

15Construction of references—Western Health

(1)Subject to subregulation (2), or unless the context otherwise requires, on and from 1 July 2023, a reference to the designated mental health service known as Melbourne Health in an order made under Part 4 of the Mental Health Act 2014 is to be construed as a reference to the designated mental health service known as Western Health if—

(a)the relevant order was made before 1 July 2023; and

(b)on and from 1 July 2023, the assessment or treatment under that order is to be undertaken or provided by an authorised psychiatrist appointed by Western Health.

(2)Subregulation (1) does not affect any order made under Part 4 of the Mental Health Act 2014 if, on and from 1 July 2023, the assessment or treatment under that order continues to be undertaken or provided by an authorised psychiatrist appointed by Western Health.".

6Schedule 1 amended—Northern Health

In Schedule 1 to the Principal Regulations, after "New Mildura Base Hospital" insert "Northern Health".

7Schedule 1 amended—Western Health

In Schedule 1 to the Principal Regulations, after "The Royal Children's Hospital" insert "Western Health".

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Endnotes

[1] Reg. 4: S.R. No. 77/2014 as amended by S.R. Nos 141/2015, 9/2020 and 82/2020.