Mental Health (Treatment and Care) Act 1994 (ACT)
Mental Health (Treatment and Care) Act 1994 (repealed)
A1994-44
Republication No 51
Effective: 1 March 2016
Republication date: 1 March 2016
As repealed by A2015‑38 s 148
(republication for amendments by A2014-51 and A2015-38, relocation of provisions to Mental Health Act 2015 and repeal)
Many cross-references in this Act now refer to sections that have
been renumbered and relocated to the Mental Health Act 2015.
See Endnote 4 at the end of this republication for information about the amendment history of those sections.
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Mental Health (Treatment and Care) Act 1994 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2016.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).
Mental Health (Treatment and Care) Act 1994 (repealed)
Contents
Page
Chapter 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
4AOffences against Act—application of Criminal Code etc 3
Chapter 2 Objects and important concepts
Chapter 3 Rights of people with mental disorder or mental illness
Chapter 4 Assessments
Chapter 5 Mental health orders
Chapter 6 Emergency detention
39 Statement of action taken 5
41A Notification of Magistrates Court about emergency detention or release from emergency detention 5
41AB Treatment during detention 6
46 Orders for release 7
47 Duty to release 7
Chapter 7 Forensic mental health
Chapter 8 Correctional patients
Chapter 9 Electroconvulsive therapy and psychiatric surgery
Part 9.1 Consent
54 Informed consent 10
Part 9.2 Electroconvulsive therapy
Division 9.2.1 What is electroconvulsive therapy?
55 What is electroconvulsive therapy? 12
Division 9.2.2 Informed consent for electroconvulsive therapy
55A Electroconvulsive therapy may be administered with consent 12
55B Offence—electroconvulsive therapy without consent 12
55C Offence—electroconvulsive therapy on 10 or more occasions since consent 13
55D Offence—electroconvulsive therapy after consent withdrawn 14
Division 9.2.3 Electroconvulsive therapy orders
55E Electroconvulsive therapy may be administered under electroconvulsive therapy order 15
55F Application for electroconvulsive therapy order 15
55G Criteria for making electroconvulsive therapy order 16
55H Content of electroconvulsive therapy order 17
55I Offence—electroconvulsive therapy without electroconvulsive therapy order 17
55J Offence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order 18
55K Offence—electroconvulsive therapy after order consent withdrawn 18
Division 9.2.4 Emergency electroconvulsive therapy orders
55L Electroconvulsive therapy may be administered under emergency electroconvulsive therapy order 19
55M Application for emergency electroconvulsive therapy order 20
55N Criteria for making emergency electroconvulsive therapy order 21
55O Content of an emergency electroconvulsive therapy order 22
55P Conflict between orders 22
Division 9.2.5 Only doctor or authorised person to administer electroconvulsive therapy
56 Offence—electroconvulsive therapy without doctor’s consent 22
Division 9.2.6 Records of electroconvulsive therapy
57 Doctor must record electroconvulsive therapy 23
58 Electroconvulsive therapy records to be kept for 5 years 23
Part 9.3 Psychiatric surgery
59 Performance on persons subject to orders of ACAT 24
60 Approval and consent required 24
61 Application for approval 24
62 Application to be considered by committee 25
63 Chief psychiatrist may require further information 26
64 Chief psychiatrist to act on committee’s recommendation 27
65 Consent of Supreme Court 27
66 Refusal of surgery 28
67 Committees 29
Chapter 10Referrals by courts under Crimes Act and Children and Young People Act 2008
Chapter 11 ACAT procedural matters
Chapter 12 Administration
Chapter 13 Private psychiatric facilities
Part 13.1 Interpretation
123 Definitions—ch 13 32
Part 13.2 Licences
124 Owner or manager to be licensed 33
125 Issue of licence 33
126 Term and renewal of licence 34
127 Variation and revocation of conditions 35
128 Surrender of licence 36
129 Cancellation of licence 36
130 Emergency cancellation 36
131 Effect of cancellation 37
Part 13.3 Inspectors
132 Appointment of inspectors 38
133 Identity cards 38
134 Powers of inspection 38
135 Failing to comply with requirement of inspector 39
Part 13.4 Miscellaneous
138 Unauthorised treatment, care or support 40
Chapter 14 Mental health advisory council
Chapter 15 Interstate application of mental health laws
Part 15.1 Preliminary
139CA Object of ch 15 42
139CB Definitions—ch 15 42
139CC Authority to enter into agreements 43
139CD Recognition of interstate laws and orders 43
139CE Territory officers may exercise functions under corresponding laws 44
Part 15.2 Transfer of persons from ACT
139CF Emergency admission of persons to health facilities in other States 45
139CG Transfer of custodial patients from ACT 45
139CH Application of Act to persons transferred interstate 47
Part 15.3 Transfer of persons to ACT
139CI Emergency admission of interstate persons to approved health facilities 48
139CJ Application of Act to persons detained under s 139CI 48
139CK Transfer of interstate custodial patients to health facilities in ACT 49
139CL Application of Act to persons transferred to ACT under s 139CK 50
Part 15.4 Psychiatric treatment orders and interstate non-custodial orders
139CM Psychiatric treatment orders relating to interstate people 51
139CN Orders relating to ACT residents 51
Part 15.5 Apprehension of persons absent from custody or in breach of orders
139CO Recognition of apprehension orders 52
139CP Apprehension of interstate persons absent without leave or in breach of orders 52
139CQ Regulations relating to apprehension of persons 53
Chapter 16 Notification and review of decisions
Chapter 17Miscellaneous
Schedule 1 Reviewable decisions 55
Dictionary57
Endnotes
1 About the endnotes 66
2 Abbreviation key 66
3 Legislation history 67
4 Amendment history 76
5 Earlier republications 124
Mental Health (Treatment and Care) Act 1994 (repealed)
An Act to provide for the treatment, care or support, rehabilitation and protection of people with a mental disorder or mental illness and the promotion of mental health and wellbeing, and for other purposes
Chapter 1Preliminary
Name of Act
This Act is the Mental Health (Treatment and Care) Act 1994.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘electroconvulsive therapy—see section 55.’ means that the term ‘electroconvulsive therapy’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
· s 55B (Offence—electroconvulsive therapy without consent)
· s 55C (Offence—electroconvulsive therapy on 10 or more occasions since consent)
· s 55D (Offence—electroconvulsive therapy after consent withdrawn)
· s 55I (Offence—electroconvulsive therapy without electroconvulsive therapy order)
· s 55J (Offence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order)
· s 55K (Offence—electroconvulsive therapy after order consent withdrawn)
· s 56 (Offence—electroconvulsive therapy without doctor’s consent)
· s 57 (1) (Doctor must record electroconvulsive therapy)
· s 57 (2)
· s 57 (3)
· s 58 (Electroconvulsive therapy records to be kept for 5 years)
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Chapter 2Objects and important concepts
Chapter 3Rights of people with mental disorder or mental illness
Chapter 4Assessments
Chapter 5Mental health orders
Chapter 6Emergency detention
Statement of action taken
(1)A police officer, authorised ambulance paramedic, doctor or mental health officer who takes a person to an approved mental health facility under section 37 must give the person in charge of the facility a written statement containing a description of the action taken under that section, including the following:
(a)the name and address (if known) of the person taken to the facility;
(b)the date and time when the person was taken to the facility;
(c)detailed reasons for taking the action;
(d)the extent of the force or assistance used to enter any premises, or to apprehend the person and take the person to the facility.
(2)The person in charge of the approved mental health facility must enter the statement in the person’s record.
41ANotification of Magistrates Court about emergency detention or release from emergency detention
(1)The person in charge of an approved mental health facility—
(a)shall notify the Magistrates Court of the results of an examination conducted by a doctor under an order under the Crimes Act, section 309 (1); and
(b)if, after examination by the doctor—
(i)the person is to be detained for treatment, care or support—shall ensure that the person is detained for the purposes of receiving that treatment, care or support; or
(ii)the person is not to be detained for treatment, care or support, or is to be released after being detained—shall release the person into the custody of a police officer.
(2)If the person is detained at the facility under section 38 or section 41, the person in charge of the facility must notify the court of the reasons for the detention.
41ABTreatment during detention
(1)The person in charge of a mental health facility at which a person is detained under section 41 shall ensure that during the period of detention—
(a)any custody under which the person detained is kept; and
(b)any confinement or other restraint to which the person detained is subjected; and
(c)any treatment, care or support administered to the person detained;
is the minimum necessary to prevent any immediate and substantial risk of the person detained causing harm to himself or herself or to another person.
NoteSpecial provisions apply for the emergency administration of electroconvulsive therapy (see div 9.2.4).
(2)Subsection (1) does not apply if a person has a mental illness for which, in the opinion of a psychiatrist, the most appropriate treatment is long acting medication.
(3)In determining whether to administer long acting medication, the psychiatrist shall take into account the likely deterioration in the person’s condition within 3 days of his or her examination of the person.
Orders for release
(1)If satisfied that the detention of a person under section 41 (1) or (2) is no longer justified then, subject to subsection (2)—
(a)the doctor who examined the person under section 43; or
(b)the chief psychiatrist; or
(c)the ACAT;
must, as soon as practicable, order the release of the person before the period of detention authorised under that subsection expires.
(2)If the person detained under section 41 (1) or (2) is an accused person to whom an order under the Crimes Act, section 309 (1) applies—
(a)the doctor who examined the person under section 43; or
(b)the chief psychiatrist; or
(c)the ACAT;
must, as soon as practicable, notify the person in charge of an approved mental health facility if satisfied that the detention of the person is no longer justified.
Duty to release
(1)A person in charge of an approved mental health facility shall ensure that a person detained at that facility under section 41 (1) or (2)—
(a)is released in accordance with an order under section 46; or
(b)if no such order is made and subject to any other order of the ACAT—is released at the expiration of the period of detention authorised under section 41 (1) or (2).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)If the person in charge of an approved mental health facility is notified under section 46 (2), he or she shall, as soon as practicable, discharge the person to whom the notification relates into the custody of a police officer.
Chapter 7Forensic mental health
Chapter 8Correctional patients
Chapter 9Electroconvulsive therapy and psychiatric surgery
Part 9.1Consent
Informed consent
(1)For this chapter, a person gives informed consent to a procedure if the consent is given by the person after—
(a)the person has been given a clear explanation of the procedure that contains sufficient information to enable the person to make a balanced judgment about whether or not to consent to the procedure; and
(b)the person has been given an adequate description (without exaggeration or concealment) of the benefits, discomfort and risks involved in the procedure; and
(c)the person has been advised of all alternative treatments reasonably available that may be of benefit to the person; and
(d)the person has been given an opportunity to ask any questions about the procedure, those questions have been answered and the person appears to have understood the answers; and
(e)a full disclosure has been made to the person of any financial relationship between the person seeking to obtain the consent, the doctor who is proposing to conduct the procedure or both (as the case may be) and the psychiatric institution at which it is proposed to conduct the procedure; and
(f)the person has been given, has read and appears to have understood a notice stating that—
(i)the person has the right to obtain independent legal and medical advice and any other independent advice or assistance before giving informed consent; and
(ii)the person is free to refuse or withdraw consent and to have the procedure discontinued at any time; and
(g)the person has been given an information statement.
(2)For this chapter, informed consent shall be given in writing signed by the person giving the consent and witnessed by a person, other than the person seeking to obtain the consent or the doctor who is proposing to conduct the procedure.
(3)In this section:
procedure means—
(a)the administration of electroconvulsive therapy; or
(b)the performance of psychiatric surgery.
Part 9.2Electroconvulsive therapy
Division 9.2.1 What is electroconvulsive therapy?
What is electroconvulsive therapy?
For this Act:
electroconvulsive therapy means a procedure for the induction of an epileptiform convulsion in a person.
Division 9.2.2 Informed consent for electroconvulsive therapy
55AElectroconvulsive therapy may be administered with consent
A doctor, or person authorised by a doctor, may administer electroconvulsive therapy to a person who is not the subject of a psychiatric treatment order if—
(a)the person gives informed consent to the administration of the electroconvulsive therapy; and
(b)the person has not had electroconvulsive therapy administered on 10 or more occasions since the consent; and
(c)the person has not withdrawn the consent, either orally or in writing.
55BOffence—electroconvulsive therapy without consent
(1)A doctor commits an offence if—
(a)a person has not given informed consent to the administration of electroconvulsive therapy; and
(b)the doctor—
(i)administers electroconvulsive therapy to the person; or
(ii)authorises the administration of electroconvulsive therapy to the person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the administration of electroconvulsive therapy to a person in accordance with—
(a)an electroconvulsive therapy order in force in relation to the person; or
(b)an emergency electroconvulsive therapy order in force in relation to the person.
55COffence—electroconvulsive therapy on 10 or more occasions since consent
(1)A doctor commits an offence if—
(a)a person has given informed consent to the administration of electroconvulsive therapy; and
(b)electroconvulsive therapy has been administered to the person on 10 or more occasions since the person consented; and
(c)the doctor—
(i)administers electroconvulsive therapy to the person; or
(ii)authorises the administration of electroconvulsive therapy to the person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the administration of electroconvulsive therapy to a person in accordance with—
(a)an electroconvulsive therapy order in force in relation to the person; or
(b)an emergency electroconvulsive therapy order in force in relation to the person.
55DOffence—electroconvulsive therapy after consent withdrawn
(1)A doctor commits an offence if—
(a)a person has given informed consent to the administration of electroconvulsive therapy; and
(b)the person withdraws the consent, whether orally or in writing; and
(c)after the consent is withdrawn, the doctor—
(i)administers electroconvulsive therapy to the person; or
(ii)authorises the administration of electroconvulsive therapy to the person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the administration of electroconvulsive therapy to a person in accordance with—
(a)an electroconvulsive therapy order in force in relation to the person; or
(b)an emergency electroconvulsive therapy order in force in relation to the person.
Division 9.2.3 Electroconvulsive therapy orders
55EElectroconvulsive therapy may be administered under electroconvulsive therapy order
A doctor, or person authorised by a doctor, may administer electroconvulsive therapy to a person who is the subject of a psychiatric treatment order if—
(a)there is an electroconvulsive therapy order in force in relation to the person; and
(b)the person has not had electroconvulsive therapy administered on 10 or more occasions since the electroconvulsive therapy order was made; and
(c)if the electroconvulsive therapy order states that the person had the capacity to consent to the order, and gave informed consent to the order—the person has not withdrawn the consent, either orally or in writing.
55FApplication for electroconvulsive therapy order
(1)The chief psychiatrist or a doctor may apply for an order (an electroconvulsive therapy order) for the administration of electroconvulsive therapy to a person if—
(a)a psychiatric treatment order is in force in relation to the person; and
(b)the chief psychiatrist or doctor believes on reasonable grounds that—
(i)the administration of electroconvulsive therapy is likely to result in substantial benefit to the person; and
(ii)either—
(A)all other reasonable forms of treatment available have been tried but have not been successful; or
(B)the treatment is the most appropriate treatment reasonably available.
(2)The application must be supported by the evidence of a psychiatrist other than the applicant.
55GCriteria for making electroconvulsive therapy order
The ACAT may make an electroconvulsive therapy order in relation to a person who is the subject of a psychiatric treatment order if—
(a)the person—
(i)has given informed consent to the administration of electroconvulsive therapy; and
(ii)has not withdrawn the consent, either orally or in writing; or
(b)the ACAT is satisfied that—
(i)the person is, because of mental illness, incapable of weighing the considerations involved in deciding whether or not to consent to the administration of electroconvulsive therapy; and
(ii)the administration of electroconvulsive therapy is likely to result in substantial benefit to the person; and
(iii)either—
(A)all other reasonable forms of treatment available have been tried but have not been successful; or
(B)the treatment is the most appropriate treatment reasonably available.
55HContent of electroconvulsive therapy order
An electroconvulsive therapy order made in relation to a person must—
(a)state that the person may be given electroconvulsive therapy; and
(b)include a statement that the person—
(i)has the capacity to consent to the order, and gives informed consent; or
(ii)does not have the capacity to consent to the order.
NoteThe ACAT must give a copy of the order to certain people (see s 87).
55IOffence—electroconvulsive therapy without electroconvulsive therapy order
(1)A doctor commits an offence if—
(a)a psychiatric treatment order is in force in relation to a person; and
(b)an electroconvulsive therapy order is not in force in relation to the person; and
(c)the doctor—
(i)administers electroconvulsive therapy to the person; or
(ii)authorises the administration of electroconvulsive therapy to the person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the administration of electroconvulsive therapy to a person in accordance with an emergency electroconvulsive therapy order in force in relation to the person.
55JOffence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order
(1)A doctor commits an offence if—
(a)a psychiatric treatment order is in force in relation to a person; and
(b)an electroconvulsive therapy order is in force in relation to the person; and
(c)electroconvulsive therapy has been administered to the person on 10 or more occasions since the ACAT made the electroconvulsive therapy order; and
(d)the doctor—
(i)administers electroconvulsive therapy to the person; or
(ii)authorises the administration of electroconvulsive therapy to the person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the administration of electroconvulsive therapy to a person in accordance with an emergency electroconvulsive therapy order in force in relation to the person.
55KOffence—electroconvulsive therapy after order consent withdrawn
(1)A doctor commits an offence if—
(a)a psychiatric treatment order is in force in relation to a person; and
(b)an electroconvulsive therapy order is in force in relation to the person; and
(c)the electroconvulsive therapy order states that the person has the capacity to consent to the order, and gives informed consent; and
(d)the person withdraws the consent, whether orally or in writing; and
(e)after the consent is withdrawn, the doctor—
(i)administers electroconvulsive therapy to the person; or
(ii)authorises the administration of electroconvulsive therapy to the person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the administration of electroconvulsive therapy to a person in accordance with an emergency electroconvulsive therapy order in force in relation to the person.
Division 9.2.4 Emergency electroconvulsive therapy orders
55LElectroconvulsive therapy may be administered under emergency electroconvulsive therapy order
A doctor, or person authorised by a doctor, may administer electroconvulsive therapy to a person if—
(a)there is an emergency electroconvulsive therapy order in force in relation to the person; and
(b)the electroconvulsive therapy is administered in accordance with the emergency electroconvulsive therapy order.
55MApplication for emergency electroconvulsive therapy order
(1)The chief psychiatrist and a doctor may jointly apply for an order (an emergency electroconvulsive therapy order) for the emergency administration of electroconvulsive therapy to a person if the chief psychiatrist and doctor believe on reasonable grounds that—
(a)the person is at least 16 years old; and
(b)the person has a mental illness; and
(c)the administration of the electroconvulsive therapy is necessary to save the person’s life.
(2)The application must be accompanied by—
(a)if a psychiatric treatment order is in force in relation to the person—an application for an electroconvulsive therapy order in relation to the person; or
(b)an application for both a psychiatric treatment order and an electroconvulsive therapy order in relation to the person.
Note 1The ACAT must give a copy of the application and accompanying documents to the following people as soon as practicable (and not longer than 24 hours) after the application is lodged:
· the public advocate
· if the person is a child—the CYP director‑general (see s 79).
Note 2Certain people are entitled to appear and give evidence, and be represented, at the proceeding including the following:
· the person who is the subject of the proceeding
· the public advocate
· the discrimination commissioner.
Other people are also entitled to appear (see s 80).
55NCriteria for making emergency electroconvulsive therapy order
(1)The ACAT may make an emergency electroconvulsive therapy order in relation to a person if satisfied that—
(a)the person is at least 16 years old; and
(b)the person has a mental illness; and
(c)the person is, because of the mental illness, incapable of weighing the considerations involved in deciding whether or not to consent to the administration of electroconvulsive therapy; and
(d)the administration of electroconvulsive therapy is necessary to save the person’s life; and
(e)either—
(i)all other reasonable forms of treatment available have been tried but have not been successful; or
(ii)the treatment is the most appropriate treatment reasonably available.
(2)In making an emergency electroconvulsive therapy order in relation to a person, the ACAT must take into account the following:
(a)the views and wishes of the person, so far as they can be found out;
(b)the views and wishes of the people responsible for the day-to-day care of the person, so far as those views and wishes are made known to the ACAT;
(c)the views of the people appearing at the proceeding.
(3)To remove any doubt, section 85 (Notice of hearing) does not apply to the making of an emergency electroconvulsive therapy order in relation to a person.
55OContent of an emergency electroconvulsive therapy order
An emergency electroconvulsive therapy order made in relation to a person must state that—
(a)electroconvulsive therapy may be administered to the person on a stated number of occasions (not more than 3); and
(b)the order expires a stated number of days (not more than 7) after it is made.
NoteThe ACAT must give a copy of the order to certain people within 24 hours (see s 87).
55PConflict between orders
If an emergency electroconvulsive therapy order is in force in relation to a person and the ACAT makes another order in relation to the person, the emergency electroconvulsive therapy order ceases to be in force.
Division 9.2.5 Only doctor or authorised person to administer electroconvulsive therapy
Offence—electroconvulsive therapy without doctor’s consent
A person commits an offence if—
(a)the person administers electroconvulsive therapy to someone else; and
(b)the person is not a doctor; and
(c)the person is not authorised by a doctor to administer the electroconvulsive therapy.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Division 9.2.6 Records of electroconvulsive therapy
Doctor must record electroconvulsive therapy
(1)A doctor commits an offence if the doctor—
(a)administers electroconvulsive therapy to a person; and
(b)does not make a record of the administration, including whether the administration was in accordance with an order of the ACAT or was voluntary.
Maximum penalty: 20 penalty units.
(2)A doctor commits an offence if the doctor—
(a)authorises the administration of electroconvulsive therapy to a person; and
(b)does not make a record of the authorisation, including whether the administration is to be in accordance with an order of the ACAT or is voluntary.
Maximum penalty: 20 penalty units.
(3)A doctor commits an offence if the doctor does not give a record of electroconvulsive therapy mentioned in subsection (1) or (2) to a person in charge of the psychiatric institution where the therapy is, or is to be, administered.
Maximum penalty: 20 penalty units.
Electroconvulsive therapy records to be kept for 5 years
A person in charge of a psychiatric institution commits an offence if the person does not keep a record of electroconvulsive therapy given under section 57 (3) for at least 5 years after the day the record is given.
Maximum penalty: 20 penalty units.
Part 9.3Psychiatric surgery
Performance on persons subject to orders of ACAT
Psychiatric surgery may be performed on a person under this part despite any order of the ACAT in force in relation to the person.
Approval and consent required
A doctor shall not knowingly perform psychiatric surgery on a person—
(a)except in accordance with the approval of the chief psychiatrist; or
(b)after he or she is informed under section 66 that the person refuses to have the surgery performed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Application for approval
An application for the approval of the chief psychiatrist for the performance of psychiatric surgery—
(a)shall be made in writing by the doctor proposing to perform the surgery; and
(b)shall be delivered to the chief psychiatrist together with—
(i)a copy of the informed consent of the person on whom it is proposed the surgery will be performed; or
(ii)a copy of an order of the Supreme Court under section 65.
Application to be considered by committee
(1)The chief psychiatrist must, as soon as practicable after receiving an application under section 61, give a copy of the application to the chairperson of the committee appointed under section 67.
(2)The chairperson must as soon as practicable after receiving the application—
(a)tell the following people in writing of the application:
(i)if the person on whom the surgery is proposed to be performed (the subject person) is a child—each person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility);
(ii)if the subject person has a guardian under the Guardianship and Management of Property Act 1991—the guardian;
(iii)if the subject person has an attorney under the Powers of Attorney Act 2006—the attorney;
(iv)if the subject person has a nominated person—the nominated person;
(v)if a health attorney is involved in the treatment, care or support of the subject person—the health attorney; and
(b)convene a meeting of the committee to consider the application; and
(c)give a written report to the chief psychiatrist that includes the following:
(i)the committee’s recommendation about whether or not the chief psychiatrist should approve the performance of the psychiatric surgery;
(ii)if the committee recommends approval of the surgery—the conditions (if any) to which the approval should be subject;
(iii)the committee’s reasons for making the recommendations in the report.
(3)The committee must not recommend that the chief psychiatrist approve the performance of psychiatric surgery unless—
(a)the committee believes on reasonable grounds that—
(i)the surgery will result in substantial benefit to the subject person; and
(ii)all alternative forms of treatment reasonably available have failed, or are likely to fail, to benefit the subject person; and
(b)the recommendation is supported by the psychiatrist and the neurosurgeon on the committee.
(4)The chief psychiatrist must ensure that a copy of the committee’s report is placed on the subject person’s record.
Chief psychiatrist may require further information
(1)The chief psychiatrist shall, at the request of a committee and by notice in writing delivered to the doctor, require the doctor who made the application under section 61 to produce to the chief psychiatrist the documents or other information specified in the notice.
(2)Where a requirement is imposed under subsection (1), the committee is not required to give further consideration to the application until the documents and other information specified in the notice are produced to the chief psychiatrist.
(3)The chief psychiatrist shall deliver any documents and other information produced in compliance with a requirement under subsection (1) to the chairperson of the committee.
(4)Nothing in this section authorises the chief psychiatrist to require the production of documents or other information, other than documents or information relevant to the application being considered by the committee.
Chief psychiatrist to act on committee’s recommendation
The chief psychiatrist shall deal with an application under section 61 in accordance with the committee’s recommendations.
Consent of Supreme Court
Where the Supreme Court is, on application by a doctor, satisfied that—
(a)the person in relation to whom the application is made has a mental illness; and
(b)the person does not have decision-making capacity to consent to the surgery and has not refused to consent to the surgery; and
(c)there are grounds for believing that the performance of such surgery is likely to result in substantial benefit to the person; and
(d)all alternative forms of treatment reasonably available have failed, or are likely to fail, to benefit the person;
the court may, by order, consent to the performance of psychiatric surgery on the person.
Refusal of surgery
(1)A person—
(a)who has given informed consent to the performance of psychiatric surgery; or
(b)in respect of whom the Supreme Court has made an order consenting to the performance of such surgery under section 65;
may, before the psychiatric surgery is performed, inform the chief psychiatrist or any other person, either orally or in writing, that he or she refuses to have the surgery performed.
(2)A person (other than the chief psychiatrist) who is informed that another person refuses to have psychiatric surgery performed on himself or herself shall inform the chief psychiatrist of the refusal.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)If the chief psychiatrist has approved psychiatric surgery under section 64 and is informed under this section that the person refuses to have the surgery, the chief psychiatrist must—
(a)immediately inform the doctor who is to perform the surgery of the refusal; and
(b)ensure that written documentation of the refusal is placed on the person’s record.
(4)Where the chief psychiatrist is informed under subsection (1) or (2) that a person refuses to have psychiatric surgery performed—
(a)any informed consent to the performance of the surgery given by the person, or any order made by the Supreme Court under section 65 in respect of the person, ceases to have effect; and
(b)if, immediately before the date of the refusal, an application for the approval of the performance of the surgery has been made but has not been determined—the application is to be taken to have been withdrawn on that date; and
(c)any approval given by the chief psychiatrist for the performance of the surgery ceases to have effect.
Committees
(1)For the purposes of section 62, the Minister shall appoint a committee consisting of—
(a)a psychiatrist; and
(b)a neurosurgeon; and
(c)a legal practitioner; and
(d)a clinical psychologist; and
(e)a social worker.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(2)The Minister shall appoint a member of a committee to be the chairperson of the committee.
(3)A member of a committee shall be paid such remuneration and allowances (if any) as are prescribed.
(4)The chairperson of a committee shall convene meetings of the committee.
(5)Subject to section 62 (3) (b), a question arising at a meeting of a committee shall be decided in accordance with the opinion of a majority of members of the committee.
(6)The chairperson and each member of the committee must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the committee’s functions.
Chapter 10Referrals by courts under Crimes Act and Children and Young People Act 2008
Chapter 11ACAT procedural matters
Chapter 12Administration
Chapter 13Private psychiatric facilities
Part 13.1Interpretation
Definitions—ch 13
In this chapter:
inspector means an inspector appointed under section 132.
licence means a licence issued under this chapter.
licensed premises means the premises at which a psychiatric facility is, or is proposed to be, conducted and in relation to which a licence is issued.
licensee means a person to whom a licence is issued under this chapter.
psychiatric facility means a hospital or other facility for the treatment, care or support, rehabilitation or accommodation of people who have a mental illness, other than—
(a)a recognised hospital within the meaning of the Health Insurance Act 1973 (Cwlth); or
(b)a facility conducted by the Territory.
Part 13.2Licences
Owner or manager to be licensed
A person shall not conduct a psychiatric facility on his or her own behalf, or on behalf of another person, without a licence.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Issue of licence
(1)The Minister may, on application, issue a licence to a person in respect of the premises specified in the licence.
(2)An application shall be in writing and shall be lodged with the Minister.
NoteA fee may be determined under s 146 (Determination of fees) for this section.
(3)The Minister shall not issue a licence unless satisfied that the applicant is a fit and proper person to hold a licence and that—
(a)the structural and sanitary condition and the location of the premises in respect of which the application is made are satisfactory, having regard to the interests of the persons who will receive treatment, care or support, or reside, at the premises; and
(b)the facilities in case of fire or flood at those premises are adequate; and
(c)the cooking and ablution facilities at those premises are adequate; and
(d)the accommodation provided for patients, residents and members of staff at those premises are adequate.
(4)A licence shall be issued subject to conditions as to—
(a)the maximum number of persons for whom treatment, care or support, rehabilitation or accommodation may be provided at the licensed premises; and
(b)the classes of persons for whom treatment, care or support, rehabilitation or accommodation may be provided at the licensed premises.
(5)A licence may be issued subject to such other conditions (if any) as the Minister thinks necessary, including but not limited to conditions as to any of the following:
(a)the minimum number of staff to be employed at the licensed premises;
(b)the qualifications of the staff;
(c)the treatment that may be provided at the licensed premises;
(d)the measures to be taken to ensure the health and safety of patients, residents and members of staff on the licensed premises;
(e)the insurance to be carried by the licensee against any liability arising from the conduct of a psychiatric facility on the licensed premises;
(f)the recreational and educational facilities to be provided at the licensed premises for patients and residents;
(g)the management of the licensed premises.
Term and renewal of licence
(1)A licence remains in force for the period of 12 months commencing on the day on which the licence is issued and may be renewed in accordance with this section.
(2)A licensee may, at any time before the expiration of the period referred to in subsection (1) or the last period of renewal, as the case may be, apply to the Minister for a renewal of the licence.
(3)An application shall be in writing and shall be lodged with the Minister.
NoteA fee may be determined under s 146 (Determination of fees) for this section.
(4)If the Minister is satisfied of the matters referred to in section 125 (3), the Minister shall renew the licence for a further period of 12 months commencing on the expiration of the period referred to in subsection (1) or the last period of renewal, as the case requires.
Variation and revocation of conditions
(1)On application in writing by the licensee and if satisfied that it is in the best interests of the patients and residents at the licensed premises, the Minister may—
(a)vary a condition imposed under section 125 (4) or (5) in the manner specified in the application; or
(b)revoke a condition imposed under section 125 (5); or
(c)impose a condition specified in the application.
(2)If satisfied that it is in the best interests of the patients and residents at the licensed premises—
(a)to vary a condition imposed under section 125 (4) or (5); or
(b)to revoke a condition imposed under section 125 (5); or
(c)to impose a condition;
the Minister may, by notice in writing served on the licensee, require the licensee, within 28 days after the date of the notice, to show cause why that condition should not be varied in the manner specified in the notice or should not be revoked or imposed.
(3)The Minister may, after the expiration of 28 days after the date of the notice, vary in the manner specified in the notice, or revoke or impose, the condition specified in the notice.
(4)A decision of the Minister under subsection (1) or (3) takes effect on the day after the day on which the notice under section 137 (1) is given to the licensee or on such later day as may be specified in that notice.
Surrender of licence
(1)A licensee may surrender the licence by notice in writing signed by the licensee and lodged with the Minister together with the licence.
(2)A surrender takes effect on the date of the notice or on such later day as may be specified in the notice.
Cancellation of licence
(1)If satisfied that a licensee has failed to comply with a condition of the licence, the Minister may, by notice in writing served on the licensee, require the licensee, within 28 days after the date of the notice, to show cause why the licence should not be cancelled.
(2)The Minister may, after the expiration of 28 days after the date of the notice, cancel the licence.
(3)The cancellation of a licence under this section takes effect on the day after the day on which the notice under section 137 (1) is given to the licensee or on such later day as may be specified in that notice.
Emergency cancellation
(1)Despite section 129, if satisfied that circumstances exist in relation to licensed premises that give rise to an immediate risk of harm to the health or safety of patients or residents on the licensed premises, the Minister may, by notice in writing served on the licensee, cancel the licence.
(2)A notice under subsection (1) shall set out—
(a)the terms of the decision; and
(b)the findings on material questions of fact, referring to the evidence or other material on which those findings were made; and
(c)the reasons for the decision.
(3)The cancellation of a licence under this section takes effect on the day after the day on which the notice is served on the licensee.
(4)Where a licence is cancelled under subsection (1), the former licensee may apply for restoration of the licence on the ground that, because of a specified change in the circumstances referred to in subsection (1) that has occurred since the date of cancellation, the licence should be restored.
(5)The Minister may restore the licence if satisfied that, because of the change specified in the application, it should be restored.
Effect of cancellation
Where a licence is cancelled under section 129 or 130, the former licensee shall not—
(a)admit any person for treatment, care or support, rehabilitation or accommodation at the premises to which the licence related on or after the day on which the cancellation takes effect; or
(b)permit treatment, care or support, rehabilitation or accommodation to be provided on those premises after the expiration of 1 month after that day.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Part 13.3Inspectors
Appointment of inspectors
(1)The Minister may appoint a person as an inspector for this chapter.
(2)An inspector must exercise functions for this chapter that the chief psychiatrist directs.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
Identity cards
(1)The Minister shall issue to each inspector an identity card that specifies the name and appointment of the inspector and on which appears a recent photograph of the inspector.
(2)A person appointed to be an inspector shall not, without reasonable excuse, fail to return his or her identity card to the Minister on ceasing to be an inspector.
Maximum penalty (subsection (2)): 1 penalty unit.
Powers of inspection
(1)An inspector may, at any time of the day, enter any licensed premises and—
(a)inspect the premises and any equipment used at the premises in connection with the treatment, care or support, rehabilitation or accommodation of patients or residents; and
(b)inspect any books, documents or other records that are in the possession of the occupier of the premises, or to which the occupier has access, relating to the conduct of the psychiatric facility at those premises; and
(c)require the occupier of the premises to furnish the inspector with any information, books, documents or other records that are in the possession of the occupier, or to which the occupier has access, relating to the conduct of the psychiatric facility at those premises.
(2)An inspector who enters premises under subsection (1) is not authorised to remain on the premises if, when requested to do so by the occupier of the premises, the inspector does not show his or her identity card to the occupier.
(3)A person is not required to furnish material to an inspector under subsection (1) (c) if, when requested to do so by the person, the inspector does not show his or her identity card to the person.
(4)Where an inspector enters premises under subsection (1), a reference in this section to the occupier of the premises includes a reference to a person the inspector believes on reasonable grounds to be the occupier, or the person in charge, of those premises.
Failing to comply with requirement of inspector
A person shall not, without reasonable excuse, fail to comply with a requirement to furnish material under section 134 (1) (c).
Maximum penalty: 50 penalty units.
Part 13.4Miscellaneous
Unauthorised treatment, care or support
A licensee is guilty of an offence if the licensee allows treatment, care or support for mental illness to be given to a person at the licensed premises after the licensee receives notice that the person is the subject of an order of the ACAT that does not authorise the giving of that treatment, care or support to that person at the psychiatric facility conducted at those premises.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Chapter 14Mental health advisory council
Chapter 15Interstate application of mental health laws
Part 15.1Preliminary
139CAObject of ch 15
The object of this chapter is to provide for—
(a)the interstate transfer of patients under mental health legislation; and
(b)the interstate recognition of documents that authorise the detention of persons under mental health legislation; and
(c)the treatment in the ACT of persons subject to mental health orders or similar orders made in other States; and
(d)the apprehension of persons subject to certain interstate warrants or orders, or otherwise liable to apprehension, under mental health legislation.
139CBDefinitions—ch 15
In this chapter:
agreement means an agreement made under section 139CC.
corresponding law means a law of another State which is declared to be a corresponding law under section 139CD (1).
interstate custodial patient means a person who is declared to be an interstate custodial patient under section 139CD (2).
interstate non-custodial order means an order which is declared to be an interstate non-custodial order under section 139CD (4).
State includes Territory.
139CCAuthority to enter into agreements
(1)The Minister may enter into an agreement with a Minister of another State for or with respect to the application of mental health laws of the ACT or the other State, the transfer, detention and apprehension of persons in the ACT and the other State under mental health laws and administrative matters and other matters ancillary to, or consequential on, any of those matters or other matters contained in this chapter.
(2)Nothing in this section limits the power of the Minister to enter into any agreement relating to mental health laws.
(3)An agreement under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
139CDRecognition of interstate laws and orders
(1)The regulations may declare that a specified law of another State relating to mental health is a corresponding law for this chapter.
(2)The regulations may declare that a specified class of persons, being persons who under a corresponding law are required to be detained at a hospital or other facility or in the custody of a person, are interstate custodial patients for this chapter.
(3)The regulations may declare that a class of interstate custodial patients corresponds to 1 of the following:
(a)persons being detained under section 38, with the detention having commenced at a specified time;
(b)persons being detained under section 41, with the detention having commenced at a specified time;
(c)persons subject to a specified custody order that was made at a specified time.
(4)The regulations may declare that a specified class of orders made under a corresponding law, being orders which require the treatment of a person but not the holding of the person in custody, are interstate non-custodial orders for this chapter.
139CETerritory officers may exercise functions under corresponding laws
Subject to any agreement under section 139CC, a person authorised by the Minister for this section may exercise any function conferred on him or her by or under a corresponding law or an agreement under section 139CC.
Part 15.2Transfer of persons from ACT
139CFEmergency admission of persons to health facilities in other States
(1)A person who may be apprehended and detained at an approved health facility under section 37 may be taken to a health facility in another State for detention instead, if this is permitted by or under a corresponding law of the other State.
(2)A person may be taken to a health facility in another State under this section by—
(a)a person who is authorised by this Act to apprehend the person and deliver him or her to an approved health facility, if this is permitted by or under the law of the other State; or
(b)any other person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3)The regulations may provide for or with respect to—
(a)the handing over of custody of a person referred to in subsection (1) by persons in the ACT; and
(b)the persons (including interstate persons) who may take such a person to a health facility in another State under this section; and
(c)the health facilities to which a person may be taken under this section.
139CGTransfer of custodial patients from ACT
(1)A person who—
(a)is being detained at an approved health facility or an approved mental health facility under section 38 or 41; or
(b)is subject to a psychiatric treatment order and is being detained under—
(i)a restriction order made under section 36X or section 36ZF; or
(ii)action taken under a relevant provision;
may be transferred to a health facility in another State, if the transfer is permitted by or under a provision of a corresponding law of the other State and is in accordance with the regulations.
(2)A person may be taken to a health facility in another State under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3)The regulations may provide for or with respect to—
(a)procedures for authorising the transfer of a person under this section and for notifying any such transfer or proposed transfer; and
(b)criteria for authorising the transfer of a person under this section; and
(c)the handing over of custody of such a person by persons in the ACT; and
(d)the persons (including interstate persons) who may take a person to a health facility in another State under this section; and
(e)the health facilities to which a patient may be taken under this section.
(4)In this section:
relevant provision means—
(a)section 36ZC (Powers in relation to psychiatric treatment order); or
(b)section 36ZO (Contravention of mental health order); or
(c)section 36ZP (Contravention of mental health order—absconding from facility); or
(d)section 48ZG (Powers in relation to forensic psychiatric treatment order); or
(e)section 48ZX (Contravention of forensic mental health order); or
(f)section 48ZY (Contravention of forensic mental health order—absconding from facility).
139CHApplication of Act to persons transferred interstate
(1)Subject to the regulations, this Act ceases to apply to a person who is accepted into the custody of a responsible person at a heath facility in another State under section 139CF or 139CG.
(2)Where an agreement under section 139CC allows it, the regulations may provide for provisions of this Act to continue to apply in specified circumstances to a person after the person is accepted into the custody referred to in subsection (1).
Part 15.3Transfer of persons to ACT
139CIEmergency admission of interstate persons to approved health facilities
(1)A person who may be taken to and detained in a hospital or other facility in another State under a corresponding law of that State may instead be taken to and detained in an approved health facility in the ACT.
(2)A person may be taken to an approved health facility in the ACT under this section by—
(a)a person who is authorised under section 37 to apprehend a person and take the person to an approved health facility, if this is permitted by or under a law of the other State; or
(b)any other person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3)The regulations may provide for or with respect to—
(a)the handing over of custody of a person referred to in subsection (1) to persons in the ACT; and
(b)the persons (including interstate persons) who may take such a person to an approved health facility in the ACT under this section; and
(c)the health facilities to which a person may be taken under this section.
139CJApplication of Act to persons detained under s 139CI
This Act applies to a person who is taken to and detained in an approved health facility under section 139CI as if it had been done under section 37.
139CKTransfer of interstate custodial patients to health facilities in ACT
(1)An interstate custodial patient may be transferred to an approved health facility or an approved mental health facility in the ACT, if the transfer is authorised under a provision of a corresponding law of the other State and accepted by the person in charge of the facility.
(2)An interstate custodial patient may be taken to a facility in the ACT under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3)The person in charge of an approved health facility or an approved mental health facility shall not accept the transfer of an interstate custodial patient to the facility unless the person in charge is satisfied that the patient could reasonably be detained under this Act.
(4)A regulation may make provision in relation to the following:
(a)the procedures for authorising and arranging the receipt of an interstate custodial patient under this section;
(b)a person (including an interstate person) who may take an interstate custodial patient to a facility in the ACT under this section;
(c)receiving custody of an interstate custodial patient by a person in the ACT;
(d)the period within which an interstate custodial patient must be reviewed by the ACAT after being transferred to a facility in the ACT.
139CLApplication of Act to persons transferred to ACT under s 139CK
An interstate custodial patient who is transferred to an approved health facility or an approved mental health facility under section 139CK is subject to this Act—
(a)where no regulation has been made under section 139CD (3) that applies to the patient—as if the patient had been first detained at the facility in accordance with section 38 at the time of admission to the facility; or
(b)where a regulation made under section 139CD (3) (a) applies to the patient—as if the patient had been first detained at the facility in accordance with section 38 at the time specified in the regulation; or
(c)where a regulation made under section 139CD (3) (b) applies to the patient—as if the patient had been first detained at the facility in accordance with section 41 at the time specified in the regulation; or
(d)where a regulation made under section 139CD (3) (c) applies to the patient—as if the patient were subject to the custody order specified in the regulation.
Part 15.4Psychiatric treatment orders and interstate non-custodial orders
139CMPsychiatric treatment orders relating to interstate people
(1)A psychiatric treatment order may be made under part 5.4 even though the affected person does not reside in the ACT, if—
(a)the agencies responsible for implementing the order are located in the ACT; or
(b)the order is allowed under an agreement under section 139CC with the State where the person resides.
(2)However, a restriction order mentioned in section 36Y (1) (a) (ii) or section 36ZG (1) (a) (ii) may not be made in relation to the affected person.
139CNOrders relating to ACT residents
(1)Where a person (the patient) is subject to an interstate non-custodial order, persons who are authorised under the corresponding law of the State concerned to implement the order may treat the patient in the ACT and exercise other functions in the ACT for the purpose of implementing the order.
(2)The regulations may provide for or with respect to—
(a)limiting the persons who may act under this section; and
(b)limiting the treatment that may be given or functions that may be exercised under this section.
Part 15.5Apprehension of persons absent from custody or in breach of orders
139CORecognition of apprehension orders
A warrant, order or other document issued under a corresponding law, being a document which authorises the apprehension of a person, is recognised in the ACT if the conditions for recognition set out in the regulations are met.
139CPApprehension of interstate persons absent without leave or in breach of orders
(1)Where a person—
(a)is the subject of a warrant, order or other document recognised in the ACT under section 139CO; or
(b)is otherwise liable to be apprehended, under a provision of a corresponding law under which the person may be apprehended and taken to a health facility;
the person may be apprehended at any time—
(c)by a police officer; or
(d)by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(2)A person who has been apprehended under this section may be—
(a)conveyed to and detained in an approved health facility in the ACT; or
(b)where it is permitted by a corresponding law of the other State concerned—conveyed to that State and there dealt with in accordance with the corresponding law.
(3)This Act applies to a person conveyed to and detained in an approved health facility under subsection (2) (a) as if the person were first detained at the facility in accordance with section 38 at the time of admission to the facility.
139CQRegulations relating to apprehension of persons
The regulations may provide for or with respect to—
(a)the kinds of warrants, orders or other documents that may be recognised in the ACT for this chapter; and
(b)the conditions (if any) to be met before a warrant, order or other document can be recognised in the ACT; and
(c)the circumstances when a person is taken to be liable to be apprehended under a corresponding law; and
(d)the persons (including interstate persons) who may apprehend a person under this section; and
(e)the health facilities and places to which a person can be taken under this chapter (whether in the ACT or another State); and
(f)the actions (including transfer to the other State) that may be taken in respect of a person detained under this chapter.
Chapter 16Notification and review of decisions
Chapter 17Miscellaneous
Schedule 1Reviewable decisions
(see ch 16)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1A | 48ZU | refuse to grant leave | applicant for leave |
| 1B | 48ZV | refuse to grant leave in emergency or special circumstances | applicant for leave |
| 1C | 48ZW | revoke leave | applicant for leave |
| 1D | 48ZZQ | refuse to grant leave | applicant for leave |
| 1E | 48ZZR | revoke leave for correctional patient | applicant for leave |
| 1 | 125 (1) | refuse to issue licence | applicant for licence |
| 2 | 126 (4) | refuse to renew licence | applicant for renewal of licence |
| 3 | 127 (1) (a) | refuse to vary condition on licence | licensee |
| 4 | 127 (1) (b) | refuse to revoke condition on licence | licensee |
| 5 | 127 (1) (c) | refuse to impose condition on licence | licensee |
| 6 | 127 (3) | vary condition on licence | licensee |
| 7 | 127 (3) | revoke condition on licence | licensee |
| 8 | 127 (3) | impose condition on licence | licensee |
| 9 | 129 (2) | cancel licence | licensee |
| 10 | 130 (5) | refuse to restore licence | former licensee |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· adult
· child
· correctional centre
· corrections officer
· detention place
· director‑general (see s 163)
· director of public prosecutions
· discrimination commissioner
· doctor
· domestic partner (see s 169 (1))
· expire
· lawyer
· Magistrates Court
· nurse
· nurse practitioner
· parent
· police officer
· proceeding
· public advocate
· registrar
· reviewable decision notice
· Supreme Court
· writing.
ACAT mental health provision—see the Children and Young People Act 2008, section 491.
advance agreement—see section 26.
advance consent direction—see section 27.
affected person, in relation to a forensic patient—see section 48ZZB.
affected person register, for part 7.2 (Affected people)—see section 48ZZD.
agreement, for chapter 15 (Interstate application of mental health laws)—see section 139CB.
approved community care facility means a facility approved under section 139E.
approved mental health facility means a facility approved under section 139D.
assessment means a psychiatric or psychological assessment.
assessment order means an order under section 36A.
authorised ambulance paramedic means a member of the ambulance service—
(a)employed as a paramedic; and
(b)authorised by the chief officer (ambulance service) to apprehend people with a mental disorder or mental illness.
care and protection order—see the Children and Young People Act 2008, section 422.
care coordinator means the care coordinator appointed under section 120A.
carer—see section 12.
chief psychiatrist means the Chief Psychiatrist appointed under section 112.
child and adolescent psychiatrist means a psychiatrist who is a member of the Faculty of Child and Adolescent Psychiatry of the Royal Australian and New Zealand College of Psychiatrists.
close relative or close friend, of a person—see the Guardianship and Management of Property Act 1991, section 32A.
community-based sentence, for part 7.1 (Forensic mental health orders)—see the Crimes (Sentence Administration) Act 2005, section 264.
community care facility—
(a)means—
(i)a facility, or part of a facility, for the treatment, care or support, protection, rehabilitation or accommodation of people with a mental disorder; or
(ii)a prescribed psychiatric facility or a prescribed part of a psychiatric facility; but
(b)does not include a correctional centre or detention place.
community care order means an order made under section 36.
coordinating director-general means the director-general appointed under section 122D.
correctional patient—see section 48ZZI.
corrections director-general means the director-general responsible for the Corrections Management Act 2007.
corrections order, for division 7.1.8 (Leave for detained people)—see section 48ZR.
corresponding law, for chapter 15 (Interstate application of mental health laws)—see section 139CB.
Crimes Act means the Crimes Act 1900.
CYP director‑general means the director‑general responsible for the Children and Young People Act 2008.
decision includes an order.
decision-making capacity—see section 7.
detainee—see the Corrections Management Act 2007, section 6.
director-general, for part 7.2 (Affected people)—see section 48ZZA.
electroconvulsive therapy—see section 55.
electroconvulsive therapy order—see section 55F.
emergency assessment order means an order under section 36C.
emergency electroconvulsive therapy order—see section 55M.
entitled person—see section 121.
forensic mental health order means a forensic psychiatric treatment order or a forensic community care order.
forensic patient, for part 7.2 (Affected people)—see section 48ZZA.
general president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
health attorney—see the Guardianship and Management of Property Act 1991, section 32B (1).
information sharing entity, for part 12.5 (Sharing information—government agencies)—see section 122G.
information sharing protocol, for part 12.5 (Sharing information—government agencies)—see section 122H.
information statement means an information statement mentioned in section 15 (1) (b).
informed consent, for chapter 9 (Electroconvulsive therapy and psychiatric surgery)—see section 54.
inspector, for chapter 13 (Private psychiatric facilities)—see section 123.
interim care and protection order—see the Children and Young People Act 2008, section 433.
interim therapeutic protection order—see the Children and Young People Act 2008, section 543.
interstate custodial patient, for chapter 15 (Interstate application of mental health laws)—see section 139CB.
interstate non-custodial order, for chapter 15 (Interstate application of mental health laws)—see section 139CB.
licence, for chapter 13 (Private psychiatric facilities)—see section 123.
licensed premises, for chapter 13 (Private psychiatric facilities)—see section 123.
licensee, for chapter 13 (Private psychiatric facilities)—see section 123.
mental disorder—see section 9.
mental health facility—
(a)means a facility for the treatment, care or support, rehabilitation or accommodation of people with a mental illness; and
(b)includes a psychiatric facility.
mental health officer means a person appointed as a mental health officer under section 119.
mental health order means a psychiatric treatment order, a community care order or a restriction order.
mental health professional means a doctor, nurse, psychiatrist, psychologist, social worker or therapist (including occupational therapist) or other person who provides services for people with a mental disorder or mental illness.
mental illness—see section 10.
mental impairment—see the Criminal Code, section 27.
neurosurgery means surgery on the brain of a person for the purpose of treating a pathological condition of the physical structure of the brain.
nominated person means a person nominated under section 19.
non-presidential member, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
official visitor—see section 121 (1).
order includes the variation or revocation of an order.
presidential member, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
principal official visitor means the principal official visitor appointed under section 122AA.
private psychiatric facility means a facility in relation to which a licence is issued under chapter 13 (Private psychiatric facilities).
proceeding means a proceeding on an application, or other proceeding in, the ACAT.
psychiatric facility—
(a)for this Act generally—means a hospital or other facility for the treatment, care or support, rehabilitation or accommodation of people who have a mental illness, that is—
(i)a facility conducted by the Territory; or
(ii)a private psychiatric facility; and
(b)for chapter 13 (Private psychiatric facilities)—see section 123.
psychiatric surgery means surgery on the brain of a person, other than neurosurgery.
psychiatric treatment order means an order made under section 28.
psychiatrist means a doctor who is registered under the Health Practitioner Regulation National Law (ACT) in the specialist area of psychiatry.
publish, for part 7.2 (Affected people)—see section 48ZZA.
registered affected person, in relation to a forensic patient—see section 48ZZC.
referring officer, in relation to a person, means—
(a)the police officer—
(i)who arrests the person in connection with an offence; or
(ii)who is satisfied that there are sufficient grounds on which to charge the person in connection with an offence; or
(iii)who charges the person in connection with an offence;
(b)a member of the staff of the director of public prosecutions who is responsible for the prosecution of an offence against the person; or
(c)if the person is required to accept supervision by someone else as a condition of bail under the Bail Act 1992—that other person.
NoteUnder the Bail Act 1992, s 25 (2) and s 26 (2), an adult may be supervised by the director of corrective services and a child may be supervised by the director‑general under the Children and Young People Act 2008.
relative, in relation to a person, means a domestic partner, parent, guardian, grandparent, uncle, aunt, brother, sister, half-brother, half-sister, cousin or child (being a child over the age of 18 years) of the person.
NoteFor the meaning of domestic partner, see Legislation Act, s 169.
relevant information, for part 12.5 (Sharing information—government agencies)—see section 122G.
relevant official—
(a)for a mental health order, for chapter 5 (Mental health orders)—see section 36N; or
(b)for a forensic mental health order, for part 7.1 (Forensic mental health orders)—see section 48S.
relevant person—
(a)for a mental health order application, for chapter 5 (Mental health orders)—see section 36N; and
(b)for a forensic mental health order application, for part 7.1 (Forensic mental health orders)—see section 48S.
representative, of a treating team, for part 3.3 (Advance agreements and advance consent directions)—see section 24.
responsible person, for chapter 3 (Rights of people with mental disorder or mental illness)—see section 14.
restriction order means an order made under section 36X or section 36ZF.
reviewable decision, for chapter 16 (Notification and review of decisions)—see section 139CR.
State, for chapter 15 (Interstate application of mental health laws)—see section 139CB.
subject person, for chapter 11 (ACAT procedural matters)—see section 80.
transfer direction—see section 48ZZJ (3).
treating team, for a person with a mental disorder or mental illness, for part 3.3 (Advance agreements and advance consent directions)—see section 24.
treatment, care or support, for a mental disorder or mental illness—
(a)means things done in the course of the exercise of professional skills to remedy the disorder or illness or lessen its ill effects or the pain or suffering it causes; and
(b)includes the giving of medication and counselling, training, therapeutic and rehabilitation programs, care or support.
Examples—rehabilitation support
1 support to improve social confidence and integration
2 assistance to improve work skills
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
victims of crime commissioner means the victims of crime commissioner appointed under the Victims of Crime Act 1994.
visitable place—see section 121.
young detainee—see the Children and Young People Act 2008, section 95.
young offender—see the Children and Young People Act 2008, dictionary.
young person—see the Children and Young People Act 2008, section 12.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Mental Health (Treatment and Care) Act 1994 A1994‑44
notified 7 September 1994 (Gaz 1994 No S177)
s 1, s 2 commenced 7 September 1994remainder commenced 6 February 1995 (Gaz 1995 No S33)
as amended by
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 A1995‑25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)
Health and Community Care Services (Consequential Provisions) Act 1996 A1996‑35 sch
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))sch 1 commenced 1 June 1998 (s 2 (2))
Mental Health (Treatment and Care) (Amendment) Act 1997
A1997-104
notified 24 December 1997 (Gaz 1997 No S420)
commenced 24 December 1997 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Mental Health (Treatment and Care) (Amendment) Act 1998 A1998‑70
notified 23 December 1998 (Gaz 1998 No S212)
commenced 23 December 1998 (s 2)
Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999‑22 pt 11
notified 14 April 1999 (Gaz 1999 No S16)
s 1, s 2 commenced 14 April 1999 (s 2 (1))pt 11 commenced 1 September 1999 (s 2 and Gaz 1999 No 35)
Mental Health (Treatment and Care) (Amendment) Act 1999 A1999‑31
notified 25 June 1999 (Gaz 1999 No S34)
ss 1-5 commenced 25 June 1999 (s 2 (1))remainder commenced 1 October 1999 (s 2 (2))
Mental Health (Treatment and Care) Amendment Act (No 2) 1999 A1999‑62
notified 10 November 1999 (Gaz 1999 No 45)
commenced 10 November 1999 (s 2)
Children and Young People (Consequential Amendments) Act 1999 A1999‑64 sch 2
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (s 2 (1))sch 2 commenced 10 May 2000 (s 2 (2))
Law Reform (Miscellaneous Provisions) Act 1999 A1999‑66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
sch 3 commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 (No 2) A2000‑2 sch
notified 9 March 2000 (Gaz 2000 No 10)
sch commenced 9 March 2000 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000‑17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
sch 1 commenced 1 June 2000 (s 2)
Mental Health (Treatment and Care) Amendment Act 2000 A2000‑52
notified 5 October 2000 (Gaz 2000 No 40)
commenced 5 October 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 249 (as am by A2001‑70 amdt 1.13)
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 249 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 A2001‑11 pt 1.4
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (s IA s 10B)
amdt 1.40 commenced 12 September 2001 (amdt 1.40)pt 1.4 remainder commenced 5 September 2001 (s 2)
Justice and Community Safety Legislation Amendment Act 2001 A2001‑70 sch 1
notified LR 14 September 2001
amdt commenced 14 September 2001 (s 2 (5))
Statute Law Amendment Act 2002 A2002‑30 pt 3.49
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))pt 3.49 commenced 17 September 2002 (s 2 (1))
Mental Health (Treatment and Care) Amendment Act 2002 A2002‑33
notified LR 8 October 2002
s 1, s 2 commenced 8 October 2002 (LA s 75 (1))remainder commenced 9 October 2002 (s 2)
Health and Community Care Services (Repeal and Consequential Amendments) Act 2002 A2002‑47 pt 1.3
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))pt 1.3 commenced 31 December 2002 (s 2)
Statute Law Amendment Act 2002 (No 2) A2002‑49 pt 3.12
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))pt 3.12 commenced 17 January 2003 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.24
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))pt 1.24 commenced 28 March 2003 (s 2)
Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.10
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.10 commenced 30 April 2004 (s 2 and LA s 79)Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.21
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))sch 1 pt 1.21 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Nurse Practitioners Legislation Amendment Act 2004 A2004-10 pt 4
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 4 commenced 27 May 2004 (s 2 and CN2004-9)Bail Amendment Act 2004 A2004-14 sch 2 pt 2.3
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.3 commenced 26 June 2004 (s 2)Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.56
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.56 commenced 9 April 2004 (s 2 (1))
Crimes Amendment Act 2004 A2004-16 pt 3
notified LR 16 March 2004
s 1, s 2 commenced 16 March 2004 (LA s 75 (1))pt 3 commenced 17 March 2004 (s 2)
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 6 pt 6.7 (as am by A2005‑48 sch 1 pt 1.4)
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))sch 6 pt 6.7 commenced 17 January 2006 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 (as am by A2005‑28 amdt 1.1) and CN2006-2)
Mental Health (Treatment and Care) Amendment Act 2004 A2004-44
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))remainder commenced 12 August 2004 (s 2)
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.55
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))sch 1 pt 1.55 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Crimes Amendment Act 2005 A2005-7 pt 5
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))pt 5 commenced 24 February 2005 (s 2)
Public Advocate Act 2005 A2005-47 sch 1 pt 1.7 (as am by A2006‑3 amdt 1.8)
notified LR 2 September 2005
s 1, s 2 commenced 2 September 2005 (LA s 75 (1))sch 1 pt 1.7 commenced 1 March 2006 (s 2 as am by A2006‑3 amdt 1.8))
Mental Health (Treatment and Care) Amendment Act 2005 A2005-48
notified LR 6 September 2005
s 1, s 2 commenced 6 September 2005 (LA s 75 (1))
sch 1 pt 1.4 commenced 17 January 2006 (LA s 79A and see A2004‑39)remainder commenced 7 September 2005 (s 2)
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.22
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))sch 1 pt 1.22 commenced 23 November 2005 (s 2)
Human Rights Commission Legislation Amendment Act 2006 A2006‑3 amdt 1.8
notified LR 22 February 2006
s 1, s 2 commenced 22 February 2006 (LA s 75 (1))
amdt 1.8 commenced 23 February 2006 (s 2)NoteThis Act only amends the Public Advocate Act 2005 A2005-47
Criminal Code (Mental Impairment) Amendment Act 2006 A2006-14 sch 1 pt 1.3
notified LR 6 April 2006
s 1, s 2 commenced 6 April 2006 (LA s 75 (1))
sch 1 pt 1.3 commenced 7 April 2006 (s 2)Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.28
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))sch 1 pt 1.28 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Health Legislation Amendment Act 2006 A2006-27 sch 2 pt 2.3
notified LR 14 June 2006
s 1, s 2 commenced 14 June 2006 (LA s 75 (1))
sch 2 pt 2.3 commenced 14 December 2006 (s 2 and LA s 79)Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.11, sch 2 pt 2.24
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 1 pt 1.11 commenced 19 October 2006 (s 2 (3))sch 2 pt 2.24 commenced 29 September 2006 (s 2 (1))
Powers of Attorney Act 2006 A2006-50 sch 2 pt 2.3
notified LR 30 November 2006
s 1, s 2 commenced 30 November 2006 (LA s 75 (1))sch 2 pt 2.3 commenced 30 May 2007 (s 2 and LA s 79)
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.24
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))sch 3 pt 3.24 commenced 27 December 2007 (s 2)
Mental Health (Treatment and Care) Amendment Act 2007 A2007-43
notified LR 12 December 2007
s 1, s 2 commenced 12 December 2007 (LA s 75 (1))
remainder commenced 13 December 2007 (s 2)Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.18, sch 4 pt 4.19
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))
sch 3 pt 3.18 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)sch 4 pt 4.19 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.38
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.38 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 1 pt 1.2, sch 3 pt 3.53
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 1 pt 1.2, sch 3 pt 3.53 commenced 22 September 2009 (s 2)
Human Rights Commission Legislation Amendment Act 2010 A2010‑5 pt 5
notified LR 2 March 2010
s 1, s 2 commenced 2 March 2010 (LA s 75 (1))pt 5 commenced 9 March 2010 (s 2)
Health Practitioner Regulation National Law (ACT) Act 2010
A2010-10 sch 2 pt 2.16
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))amdt 2.106 commenced 1 July 2012 (s 2 (2))
sch 2 pt 2.16 remainder commenced 1 July 2010 (s 2 (1) (a))Statute Law Amendment Act 2011 A2011-3 sch 1 pt 1.4
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))sch 1 pt 1.4 commenced 1 March 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.114
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.114 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.38
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 3 pt 3.38 commenced 12 December 2011 (s 2)
Official Visitor Act 2012 A2012-33 sch 1 pt 1.6
notified LR 15 June 2012
s 1, s 2 commenced 15 June 2012 (LA s 75 (1))sch 1 pt 1.5 commenced 1 September 2013 (s 2 as am by A2013‑22 s 4)
Official Visitor Amendment Act 2013 A2013-22 sch 1 pt 1.5
notified LR 17 June 2013
s 1, s 2 commenced 17 June 2013 (LA s 75 (1))sch 1 pt 1.5 commenced 1 September 2013 (s 2 and see Official Visitor Act 2012 A2012-33 s 2 as am by this Act)
Mental Health (Treatment and Care) Amendment Act 2014 A2014-51 (as am by A2015-38 amdt 2.54)
notified LR 12 November 2014
s 1, s 2 commenced 12 November 2014 (LA s 75 (1))
remainder commenced 1 March 2016 (s 2 (as am by A2015-38 amdt 2.54))Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.17
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 1 pt 1.17 commenced 3 June 2015 (s 2)
Mental Health Act 2015 A2015‑38 sch 2 pt 2.1, sch 2 pt 2.2
notified LR 7 October 2015
s 1, s 2 commenced 7 October 2015 (LA s 75 (1))
sch 2 pt 2.2 (amdt 2.54) commenced 8 October 2015 (s 2 (2))
sch 2 pt 2.1 commenced 1 March 2016 (s 2 (1) and see Mental Health (Treatment and Care) Amendment Act 2014 A2014-51, s 2 (as am by A2015-38 amdt 2.54))NoteSch 2 pt 2.2 (amdt 2.54) only amends the Mental Health (Treatment and Care) Amendment Act 2014 A2014-51
as repealed by
Mental Health Act 2015 A2015-38 s 148
notified LR 7 October 2015
s 1, s 2 commenced 7 October 2015 (LA s 75 (1))
s 148 commenced 1 March 2016 (s 2 (1) and see Mental Health (Treatment and Care) Amendment Act 2014 A2014-51, s 2 as am by this Act amdt 2.54)Amendment history
Title
titleam A1999‑31 s 4; A2014-51 s 4
Preliminary
ch 1 hdg(prev pt 1 hdg) renum as ch 1 hdg A2014-51 s 5
Preliminary
pt 1 hdgrenum as ch 1 hdg
Name of Act
s 1sub A2014-51 s 6
Commencement
s 2om A2001‑44 amdt 1.2866
Dictionary
s 3sub A1998‑70 s 4
om A1999‑31 s 5
ins A2005‑48 s 7
Notes
s 4defs reloc to dict A2005‑48 s 6
sub A2005‑48 s 7
def child om A2000‑2 sch
def Children’s Services Act om A1999‑64 sch 2
def community advocate om A2000‑2 sch
def convulsive therapy om A2005‑48 s 4
def council om A1999‑31 s 6
def determined fee om A2001‑44 amdt 1.2867
def director om A1999‑31 s 6
def discrimination commissioner om A2000‑2 sch
def doctor om A2000‑2 sch
def lawyer om A1997‑96 sch 1
def psychiatric illness om A1999‑31 s 6
def spouse om A2003‑14 amdt 1.81
Offences against Act—application of Criminal Code etc
s 4Ains A2004‑10 s 8
am A2005‑48 s 8; A2005‑47 amdt 1.14; A2007‑43 s 4, s 5; A2014-51 ss 7-10
note 1 am R51 LA
Objects and important concepts
ch 2 hdgins A2014-51 s 11
Objectives
pt 2 hdgom A2014-51 s 11
Objects of Act
s 5 hdgsub A2007‑43 s 6
s 5pars renum R6 LA
am A2007‑43 s 7
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 5 by A2015-38 amdt 2.38
Principles applying to Act
s 6sub A2014-51 s 11
reloc to Mental Health Act 2015 s 6 by A2015-38 amdt 2.38
Meaning of decision-making capacity
s 7am A1999‑31 sch 1
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 7 by A2015-38 amdt 2.38
Principles of decision-making capacity
s 8am A1996‑35 sch; A1999‑31 s 7 and sch 1; A2002‑47 amdt 1.19
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 8 by A2015-38 amdt 2.38
Meaning of mental disorder
s 9am A1999‑31 sch 1; A2000‑2 sch
sub A2008‑36 amdt 1.496
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 9 by A2015-38 amdt 2.38
Meaning of mental illness
s 10om A2008‑36 amdt 1.497
ins A2008‑36 amdt 1.498
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 10 by A2015-38 amdt 2.38
People not to be regarded as having mental disorder or mental illness
s 11am A1999‑31 sch 1; A2005‑7 s 21; pars renum R21 LA (see A2005‑7 s 22); A2005‑48 s 18; A2006‑14 amdt 1.41; A2007‑39 amdt 3.99
om A2008‑36 amdt 1.497
ins A2008‑36 amdt 1.498
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 11 by A2015-38 amdt 2.38
Meaning of carer
s 12am A2000‑2 sch
om A2007‑39 amdt 3.100
ins A2008‑36 amdt 1.498
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 12 by A2015-38 amdt 2.38
Registrar and deputy registrar
s 12Ains A1999‑66 sch 3
om A2000‑2 sch
Proceedings relating to children
s 13 hdgam A1999‑31 notes
s 13am A1999‑31 sch 1; A2001‑44 amdt 1.2868
sub A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 13 by A2015-38 amdt 2.38
Rights of people with mental disorder or mental illness
ch 3 hdgins A2014-51 s 11
Mental health tribunal
pt 3 hdgom A2008‑36 amdt 1.497
Rights in relation to information and communication
pt 3.1 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 3.1 by A2015-38 amdt 2.39
Meaning of responsible person—pt 3.1
s 14am A1999‑31 s 8 and sch 1; A2001‑44 amdt 1.2869, amdt 1.2870
sub A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 14 by A2015-38 amdt 2.39
Information to be given to people
s 15am A1999‑31 sch 1; A1999‑62 s 5; A2006‑14 amdt 1.42
sub A2008‑36 amdt 1.498; A2014-51 s 11; A2015-38 amdt 2.1, amdt 2.2
reloc to Mental Health Act 2015 s 15 by A2015-38 amdt 2.39
Information to be available at facilities
s 16am A1999‑31 sch 1; A1999‑64 sch 2; A2004‑44 s 9; A2005‑47 amdt 1.19; A2006‑14 amdt 1.43; A2008‑20 amdt 3.35
sub A2008‑36 amdt 1.498
am A2011‑52 amdt 3.138
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 16 by A2015-38 amdt 2.39
Determination of ability to consent
s 16Ains A1999‑31 s 9
am A2004‑44 s 10
om A2008‑36 amdt 1.498
Communication
s 17am A1999‑31 s 10
sub A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 17 by A2015-38 amdt 2.39
Failure by owner of facility to comply with pt 3.1
s 18sub A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 18 by A2015-38 amdt 2.39
Nominated people
pt 3.2 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 3.2 by A2015-38 amdt 2.39
Nominated person
s 19am A1997‑96 sch 1; A2005‑47 amdt 1.19
sub A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 19 by A2015-38 amdt 2.39
Nominated person—functions
s 20 hdgam A1997‑96 note
s 20am A1997‑96 sch 1
sub A2005‑47 amdt 1.15; A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 20 by A2015-38 amdt 2.39
Nominated person—obligations of person in charge of facility
s 21sub A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 21 by A2015-38 amdt 2.39
Nominated person—end of nomination
s 22am A2005‑47 amdt 1.19
sub A2008‑36 amdt 1.498; A2014-51 s 11
reloc to Mental Health Act 2015 s 22 by A2015-38 amdt 2.39
Executing orders to conduct assessments
s 22Ains A2008‑36 amdt 1.498
om A2014-51 s 11
Contact with others
s 22Bins A2008‑36 amdt 1.498
om A2014-51 s 11
Public advocate and lawyer to have access
s 22Cins A2008‑36 amdt 1.498
om A2014-51 s 11
Person to be assessed to be informed
s 22Dins A2008‑36 amdt 1.498
om A2014-51 s 11
Copies of assessments
s 22Eins A2008‑36 amdt 1.498
om A2014-51 s 11
Nominated person—protection from liability
s 23sub A2004‑44 s 11; A2008‑36 amdt 1.499; A2014-51 s 11
reloc to Mental Health Act 2015 s 23 by A2015-38 amdt 2.39
Advance agreements and advance consent directions
pt 3.3 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 3.3 by A2015-38 amdt 2.39
Definitions—pt 3.3
s 24 hdgam A2009‑20 amdt 3.142
s 24am A1999‑31 sch 1
sub A2004‑44 s 11
am A2009‑20 amdt 3.142
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 24 by A2015-38 amdt 2.39
def representative ins A2014-51 s 11
def treating team ins A2014-51 s 11
Consultation
s 24Ains A1999‑31 s 11
am A1999‑64 sch 2
om A2004‑44 s 11
Rights in relation to advance agreements and advance consent directions
s 25am A1999‑31 s 12 and sch 1; pars renum R6 LA
sub A2004‑44 s 11
am A2006‑50 amdt 2.14; A2008‑20 amdt 3.36; A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 25 by A2015-38 amdt 2.39
Entering into advance agreement
s 26sub A1999‑31 s 13; A2004‑44 s 11
am A2006‑14 amdts 1.44-1.46; A2008‑36 amdt 1.500, amdt 1.540; A2009‑20 amdt 3.142
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 26 by A2015-38 amdt 2.39
Making advance consent direction
s 27sub A1999‑31 s 13; A2004‑44 s 11
sub A2008‑36 amdt 1.501; A2014-51 s 11
am A2015-38 amdts 2.3-2.5
reloc to Mental Health Act 2015 s 27 by A2015-38 amdt 2.39
Giving treatment etc under advance agreement or advance consent direction
s 28sub A1999‑31 s 13
am A1999‑62 s 6
sub A2004‑44 s 11
am A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 28 by A2015-38 amdt 2.39
Ending advance agreement or advance consent direction
s 29sub A1999‑31 s 13; A2004‑44 s 11
am A2005‑48 s 18
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 29 by A2015-38 amdt 2.39
Effect of advance agreement and advance consent direction on guardian with authority to give consent for treatment, care or support
s 30am A1999‑31 s 14, sch 1
sub A2004‑44 s 11; A2008‑36 amdt 1.502; A2014-51 s 11
reloc to Mental Health Act 2015 s 30 by A2015-38 amdt 2.39
Effect of advance agreement and advance consent direction on attorney with power to deal with health care matters
s 31sub A2004‑44 s 11; A2014-51 s 11
reloc to Mental Health Act 2015 s 31 by A2015-38 amdt 2.39
Effect of health direction on previous advance consent direction
s 32am A1999‑31 s 15, sch 1; A1999‑62 s 7; A2001‑44 amdt 1.2871, amdt 1.2872
sub A2004‑44 s 11
am A2005‑47 amdt 1.19; A2006‑50 amdt 2.15; A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 32 by A2015-38 amdt 2.39
Contravention of mental health orders
s 32Ains A1999‑31 s 16
om A2004‑44 s 11
Assessments
ch 4 hdgins A2014-51 s 11
Mental health orders
pt 4 hdgom A2014-51 s 11
Applications and referrals
div 4.1 hdg(prev pt 4 div 1 hdg) renum as div 4.1 hdg R3 LA
sub A2008‑36 amdt 1.498
om A2014-51 s 11
Assessments
div 4.2 hdg(prev pt 4 div 2 hdg) renum as div 4.2 hdg R3 LA
sub A2008‑36 amdt 1.498
Making of orders—preliminary matters
div 4.3 hdg(prev pt 4 div 3 hdg) renum as div 4.3 hdg R3 LA
sub A2004‑44 s 11
om A2014-51 s 11
Psychiatric treatment orders
div 4.4 hdg(prev pt 4 div 4 hdg) ins A1999‑62 s 8
renum as div 4.4 hdg R3 LA
sub A2004‑44 s 11
om A2014-51 s 11
Community care orders
div 4.5 hdgins A2004‑44 s 11
om A2014-51 s 11
Limits on communication
div 4.6 hdgins A2004‑44 s 11
om A2014-51 s 11
Duration, contravention and review of orders
div 4.7 hdgins A2004‑44 s 11
om A2014-51 s 11
Applications for assessment orders
pt 4.1 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 4.1 by A2015-38 amdt 2.40
Applications by people with mental disorder or mental illness—assessment order
s 33am A1999‑31 sch 1
sub A2004‑44 s 11; A2014-51 s 11
reloc to Mental Health Act 2015 s 33 by A2015-38 amdt 2.40
Applications by other people—assessment order
s 34 hdgam A1997‑96 note
s 34am A1997‑96 sch 1; A1999‑31 sch 1
sub A2004‑44 s 11
am A2005‑47 amdt 1.19; A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 34 by A2015-38 amdt 2.40
Applications by referring officers—assessment order
s 35 hdgam A1999‑31 notes
s 35am A1999‑31 sch 1
sub A2004‑44 s 11
am A2005‑47 amdt 1.19
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 35 by A2015-38 amdt 2.40
Applicant and referring officer to tell ACAT of risks—assessment order
s 36am A1999‑31 s 17 and sch 1
sub A2004‑44 s 11
am A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 36 by A2015-38 amdt 2.40
Assessment orders
pt 4.2 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 4.2 by A2015-38 amdt 2.40
Assessment order
s 36Ains A1999‑62 s 8
sub A2004‑44 s 11; A2014-51 s 11
reloc to Mental Health Act 2015 s 37 by A2015-38 amdt 2.40
Consent for assessment order
s 36Bins A1999‑62 s 8
sub A2004‑44 s 11; A2008‑36 amdt 1.503; A2014-51 s 11
reloc to Mental Health Act 2015 s 38 by A2015-38 amdt 2.40
Emergency assessment order
s 36Cins A2004‑44 s 11
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 39 by A2015-38 amdt 2.40
Content and effect of assessment order
s 36Dins A2004‑44 s 11
am A2005‑47 amdt 1.19; A2006‑50 amdt 2.16; A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 40 by A2015-38 amdt 2.40
Public advocate to be told about assessment order
s 36Eins A2004‑44 s 11
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 41 by A2015-38 amdt 2.40
Time for conducting assessment
s 36Fins A2004‑44 s 11
am A2005‑47 amdt 1.19; A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 42 by A2015-38 amdt 2.40
Removal order to conduct assessment
s 36Gins A2004‑44 s 11
am A2005‑47 amdt 1.19; A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 43 by A2015-38 amdt 2.40
Executing removal order
s 36Hins A2004‑44 s 11
am A2008‑36 amdt 1.504
sub A2014-51 s 11; A2015-38 amdt 2.6
reloc to Mental Health Act 2015 s 44 by A2015-38 amdt 2.40
Contact with others
s 36Iins A2004‑44 s 11
sub A2005‑47 amdt 1.16; A2014-51 s 11
reloc to Mental Health Act 2015 s 45 by A2015-38 amdt 2.40
Public advocate and lawyer to have access
s 36Jins A2004‑44 s 11
am A2006‑14 amdt 1.47
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 46 by A2015-38 amdt 2.40
Person to be assessed to be told about order
s 36Kins A2004‑44 s 11
am A2005‑47 amdt 1.19; A2008‑36 amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 47 by A2015-38 amdt 2.40
Copy of assessment
s 36Lins A2004‑44 s 11
am A2008‑36 amdt 1.505, amdt 1.540
sub A2014-51 s 11
reloc to Mental Health Act 2015 s 48 by A2015-38 amdt 2.40
Notice of outcome of assessment
s 36Mins A2014-51 s 11
am A2015-38 amdt 2.7
reloc to Mental Health Act 2015 s 49 by A2015-38 amdt 2.40
Mental health orders
ch 5 hdgins A2014-51 s 11
Emergency detention and care
pt 5 hdgom A2014-51 s 12
Preliminary
pt 5.1 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 5.1 by A2015-38 amdt 2.41
Definitions—ch 5
s 36Nins A2014-51 s 11
reloc to Mental Health Act 2015 s 50 by A2015-38 amdt 2.41
def relevant official ins A2014-51 s 11
def relevant person ins A2014-51 s 11
Applications for mental health orders
pt 5.2 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 5.2 by A2015-38 amdt 2.41
Applications for mental health orders
s 36Oins A2014-51 s 11
reloc to Mental Health Act 2015 s 51 by A2015-38 amdt 2.41
Applicant to tell ACAT of risks
s 36Pins A2014-51 s 11
reloc to Mental Health Act 2015 s 52 by A2015-38 amdt 2.41
Making of mental health orders—preliminary matters
pt 5.3 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 5.3 by A2015-38 amdt 2.41
ACAT must consider assessment—mental health order
s 36Qins A2014-51 s 11
reloc to Mental Health Act 2015 s 53 by A2015-38 amdt 2.41
Consultation by ACAT—mental health order
s 36Rins A2014-51 s 11
am A2015-38 amdts 2.8-2.10
reloc to Mental Health Act 2015 s 54 by A2015-38 amdt 2.41
ACAT must hold hearing—mental health order
s 36Sins A2014-51 s 11
reloc to Mental Health Act 2015 s 55 by A2015-38 amdt 2.41
What ACAT must take into account—mental health order
s 36Tins A2014-51 s 11
reloc to Mental Health Act 2015 s 56 by A2015-38 amdt 2.41
ACAT must not order particular treatment, care or support—mental health order
s 36Uins A2014-51 s 11
reloc to Mental Health Act 2015 s 57 by A2015-38 amdt 2.41
Psychiatric treatment orders
pt 5.4 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 5.4 by A2015-38 amdt 2.41
Psychiatric treatment order
s 36Vins A2014-51 s 11
reloc to Mental Health Act 2015 s 58 by A2015-38 amdt 2.41
Content of psychiatric treatment order
s 36Wins A2014-51 s 11
reloc to Mental Health Act 2015 s 59 by A2015-38 amdt 2.41
Criteria for making restriction order with psychiatric treatment order
s 36Xins A2014-51 s 11
reloc to Mental Health Act 2015 s 60 by A2015-38 amdt 2.41
Content of restriction order made with psychiatric treatment order
s 36Yins A2014-51 s 11
reloc to Mental Health Act 2015 s 61 by A2015-38 amdt 2.41
Role of chief psychiatrist—psychiatric treatment order
s 36Zins A2014-51 s 11
am A2015-38 amdt 2.11
reloc to Mental Health Act 2015 s 62 by A2015-38 amdt 2.41
Treatment etc to be explained—psychiatric treatment order
s 36ZAins A2014-51 s 11
reloc to Mental Health Act 2015 s 63 by A2015-38 amdt 2.41
Action if psychiatric treatment order no longer appropriate—no longer person in relation to whom ACAT could make order
s 36ZBins A2014-51 s 11
reloc to Mental Health Act 2015 s 64 by A2015-38 amdt 2.41
Powers in relation to psychiatric treatment order
s 36ZCins A2014-51 s 11
am A2015-38 amdt 2.12
reloc to Mental Health Act 2015 s 65 by A2015-38 amdt 2.41
Community care orders
pt 5.5 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 5.5 by A2015-38 amdt 2.41
Community care order
s 36ZDins A2014-51 s 11
reloc to Mental Health Act 2015 s 66 by A2015-38 amdt 2.41
Content of community care order
s 36ZEins A2014-51 s 11
reloc to Mental Health Act 2015 s 67 by A2015-38 amdt 2.41
Criteria for making restriction order with community care order
s 36ZFins A2014-51 s 11
reloc to Mental Health Act 2015 s 68 by A2015-38 amdt 2.41
Content of restriction order made with community care order etc
s 36ZGins A2014-51 s 11
reloc to Mental Health Act 2015 s 69 by A2015-38 amdt 2.41
Role of care coordinator—community care order
s 36ZHins A2014-51 s 11
am A2015-38 amdt 2.13
reloc to Mental Health Act 2015 s 70 by A2015-38 amdt 2.41
Treatment etc to be explained—community care order
s 36ZIins A2014-51 s 11
reloc to Mental Health Act 2015 s 71 by A2015-38 amdt 2.41
Action if community care order no longer appropriate—no longer person in relation to whom ACAT could make order
s 36ZJins A2014-51 s 11
reloc to Mental Health Act 2015 s 72 by A2015-38 amdt 2.41
Powers in relation to community care order
s 36ZKins A2014-51 s 11
am A2015-38 amdt 2.14
reloc to Mental Health Act 2015 s 73 by A2015-38 amdt 2.41
Limits on communication under mental health orders
pt 5.6 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 5.6 by A2015-38 amdt 2.41
Limits on communication—mental health order
s 36ZLins A2014-51 s 11
reloc to Mental Health Act 2015 s 74 by A2015-38 amdt 2.41
Offence—limits on communication—mental health order
s 36ZMins A2014-51 s 11
reloc to Mental Health Act 2015 s 75 by A2015-38 amdt 2.41
Duration, contravention and review of mental health orders
pt 5.7 hdgins A2014-51 s 11
reloc to Mental Health Act 2015 pt 5.7 by A2015-38 amdt 2.41
Duration of mental health orders
s 36ZNins A2014-51 s 11
reloc to Mental Health Act 2015 s 76 by A2015-38 amdt 2.41
Contravention of mental health order
s 36ZOins A2014-51 s 11
reloc to Mental Health Act 2015 s 77 by A2015-38 amdt 2.41
Contravention of mental health order—absconding from facility
s 36ZPins A2014-51 s 11
reloc to Mental Health Act 2015 s 78 by A2015-38 amdt 2.41
Review, amendment or revocation of mental health order
s 36ZQins A2014-51 s 11
reloc to Mental Health Act 2015 s 79 by A2015-38 amdt 2.41
Interstate application of mental health laws
pt 5A hdgreloc and renum as ch 15 hdg
Preliminary
div 5A.1 hdg reloc and renum as pt 15.1 hdg
Transfer of persons from ACT
div 5A.2 hdg reloc and renum as pt 15.2 hdg
Transfer of persons to ACT
div 5A.3 hdg reloc and renum as pt 15.3 hdg
Psychiatric treatment orders and interstate non-custodial orders
div 5A.4 hdg reloc and renum as pt 15.4 hdg
Apprehension of persons absent from custody or in breach of orders
div 5A.5 hdg reloc and renum as pt 15.5 hdg
Emergency detention
ch 6 hdgins A2014-51 s 12
Rights of mentally dysfunctional or mentally ill persons
pt 6 hdgam A1999‑31 s 30
om A2014-51 s 44
Apprehension
s 37am A1999‑31 s 18; A2000‑52 s 4; ss renum R6 LA; A2008‑36 amdt 1.506
sub A2014-51 s 12
reloc to Mental Health Act 2015 s 80 by A2015-38 amdt 2.42
Detention at approved mental health facility
s 38am A1999‑31 s 19; A2000‑52 s 5
sub A2014-51 s 12
reloc to Mental Health Act 2015 s 81 by A2015-38 amdt 2.42
Copy of court order
s 38Ains A1999‑31 s 20
am A2006‑23 amdt 1.269
sub A2014-51 s 12
reloc to Mental Health Act 2015 s 82 by A2015-38 amdt 2.42
Statement of action taken
s 39sub A2014-51 s 12
Initial examination at approved mental health facility
s 40am A1999‑31 s 21; A2000‑52 s 6
sub A2014-51 s 12
reloc to Mental Health Act 2015 s 84 by A2015-38 amdt 2.43
Authorisation of involuntary detention
s 41am A1999‑31 s 22; A1999‑62 s 9; A2001‑44 amdts 1.2873-1.2875; A2008‑36 amdt 1.540
sub A2014-51 s 12
reloc to Mental Health Act 2015 s 85 by A2015-38 amdt 2.43
Medical examination of detained person
s 41AAins A2014-51 s 12
reloc to Mental Health Act 2015 s 86 by A2015-38 amdt 2.43
Notification of Magistrates Court about emergency detention or release from emergency detention
s 41Ains A1999‑31 s 23
am A2014-51 ss 13-15
Treatment during detention
s 41AB(prev s 44) am A1999‑31 s 26; A2005‑48 s 9; A2014-51 s 19, s 20
reloc and renum as s 41AB A2014-51 s 20
Notification of certain people about detention
s 42am A1998‑54 sch; A1999‑31 s 24; A2005‑47 amdt 1.19; A2008‑36 amdt 1.507; ss renum R38 LA
sub A2014-51 s 16
am A2015-38 amdt 2.15, amdt 2.16
reloc to Mental Health Act 2015 s 89 by A2015-38 amdt 2.44
Medical examination
s 43am A1999‑31 s 25; A1999‑62 s 10
om A2014-51 s 17
Treatment during detention
s 44reloc and renum as s 41AB
Offence—communication during detention
s 45 hdgsub A2014-51 s 21
s 45am A1997‑96 sch 1; A1998‑54 sch
sub A2005‑47 amdt 1.17
am A2014-51 ss 22-24
reloc to Mental Health Act 2015 s 90 by A2015-38 amdt 2.45
Orders for release
s 46am A1999‑31 s 27 and sch 1; A2008‑36 amdt 1.540; A2014‑51 s 25, s 26
Duty to release
s 47am A1998‑54 sch; A1999‑31 s 28; A2008‑36 amdt 1.540
Approved facilities
s 48am A1999‑31 s 29; A2001‑44 amdt 1.2876, amdt 1.2877; A2001‑56 amdt 1.39; A2004‑44 s 12, s 13; A2007‑39 amdt 3.101
om A2014-51 s 27
Object of ch 15
s 48A reloc and renum as s 139CA
Definitions—ch 15
s 48Breloc and renum as s 139CB
Authority to enter into agreements
s 48Creloc and renum as s 139CC
Recognition of interstate laws and orders
s 48Dreloc and renum as s 139CD
Territory officers may exercise functions under corresponding laws
s 48Ereloc and renum as s 139CE
Emergency admission of persons to health facilities in other States
s 48Freloc and renum as s 139CF
Transfer of custodial patients from ACT
s 48Greloc and renum as s 139CG
Application of Act to persons transferred interstate
s 48Hreloc and renum as s 139CH
Emergency admission of interstate persons to approved health facilities
s 48Ireloc and renum as s 139CI
Application of Act to persons detained under s 48I
s 48Jreloc and renum as s 139CJ
Transfer of interstate custodial patients to health facilities in ACT
s 48Kreloc and renum as s 139CK
Application of Act to persons transferred to ACT under s 48K
s 48Lreloc and renum as s 139CL
Psychiatric treatment orders relating to interstate people
s 48Mreloc and renum as s 139CM
Orders relating to ACT residents
s 48Nreloc and renum as s 139CN
Recognition of apprehension orders
s 48Preloc and renum as s 139CO
Apprehension of interstate persons absent without leave or in breach of orders
s 48Qreloc and renum as s 139CP
Regulations relating to apprehension of persons
s 48Rreloc and renum as s 139CQ
Forensic mental health
ch 7 hdgins A2014-51 s 43
Electroconvulsive therapy and psychiatric surgery
pt 7 hdgrenum as ch 9 hdg
Consent
div 7.1 hdg(prev pt 7 div 1 hdg) renum as div 7.1 hdg and then as pt 9.1 hdg
Electroconvulsive therapy
div 7.2 hdg(prev pt 7 div 2 hdg) renum as div 7.2 hdg and then as pt 9.2 hdg
What is electroconvulsive therapy?
sdiv 7.2.1 hdg renum as div 9.2.1 hdg
Informed consent for electroconvulsive therapy
sdiv 7.2.2 hdg renum as div 9.2.2 hdg
Electroconvulsive therapy orders
sdiv 7.2.3 hdg renum as div 9.2.3 hdg
Emergency electroconvulsive therapy order
sdiv 7.2.4 hdg renum as div 9.2.4 hdg
Only doctor or authorised person to administer electroconvulsive therapy
sdiv 7.2.5 hdg renum as div 9.2.5 hdg
Records of electroconvulsive therapy
sdiv 7.2.6 hdg renum as div 9.2.6 hdg
Psychiatric surgery
div 7.3 hdg(prev pt 7 div 3 hdg) renum as div 7.3 hdg and then as pt 9.3 hdg
Forensic mental health orders
pt 7.1 hdgins A2014-51 s 43
reloc to Mental Health Act 2015 pt 7.1 by A2015-38 amdt 2.46
Preliminary
div 7.1.1 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.1 by A2015-38 amdt 2.38
Definitions—pt 7.1
s 48Sins A2014-51 s 43
reloc to Mental Health Act 2015 s 93 by A2015-38 amdt 2.46
def community-based sentence ins A2014-51 s 43
om A2015-38 amdt 2.17
def relevant official ins A2014-51 s 43
def relevant person ins A2014-51 s 43
Application for forensic mental health orders
div 7.1.2 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.2 by A2015-38 amdt 2.46
Applications for forensic mental health orders—detainees etc
s 48T hdgsub A2015-38 amdt 2.18
s 48Tins A2014-51 s 43
am A2015-38 amdt 2.19
reloc to Mental Health Act 2015 s 94 by A2015-38 amdt 2.46
Relevant person to tell ACAT of risks
s 48Uins A2014-51 s 43
reloc to Mental Health Act 2015 s 95 by A2015-38 amdt 2.46
Making forensic mental health orders—preliminary matters
div 7.1.3 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.3 by A2015-38 amdt 2.46
ACAT must consider assessment—forensic mental health order
s 48Vins A2014-51 s 43
reloc to Mental Health Act 2015 s 96 by A2015-38 amdt 2.46
Consultation by ACAT—forensic mental health order
s 48Wins A2014-51 s 43
reloc to Mental Health Act 2015 s 97 by A2015-38 amdt 2.46
ACAT must hold hearing—forensic mental health order
s 48Xins A2014-51 s 43
reloc to Mental Health Act 2015 s 98 by A2015-38 amdt 2.46
What ACAT must take into account—forensic mental health order
s 48Yins A2014-51 s 43
am A2015-38 amdt 2.20
reloc to Mental Health Act 2015 s 99 by A2015-38 amdt 2.46
ACAT must not order particular treatment, care or support—forensic mental health order
s 48Zins A2014-51 s 43
reloc to Mental Health Act 2015 s 100 by A2015-38 amdt 2.46
Forensic psychiatric treatment orders
div 7.1.4 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.4 by A2015-38 amdt 2.46
Forensic psychiatric treatment order
s 48ZAins A2014-51 s 43
am A2015-38 amdt 2.21
reloc to Mental Health Act 2015 s 101 by A2015-38 amdt 2.46
Content of forensic psychiatric treatment order
s 48ZBins A2014-51 s 43
reloc to Mental Health Act 2015 s 102 by A2015-38 amdt 2.46
Role of chief psychiatrist—forensic psychiatric treatment order
s 48ZCins A2014-51 s 43
am A2015-38 amdt 2.22
reloc to Mental Health Act 2015 s 103 by A2015-38 amdt 2.46
Treatment etc to be explained—forensic psychiatric treatment order
s 48ZDins A2014-51 s 43
reloc to Mental Health Act 2015 s 104 by A2015-38 amdt 2.46
Action if forensic psychiatric treatment order no longer appropriate—no longer person in relation to whom ACAT could make order
s 48ZEins A2014-51 s 43
reloc to Mental Health Act 2015 s 105 by A2015-38 amdt 2.46
Action if forensic psychiatric treatment order no longer appropriate—no longer necessary to detain person
s 48ZFins A2014-51 s 43
reloc to Mental Health Act 2015 s 106 by A2015-38 amdt 2.46
Powers in relation to forensic psychiatric treatment order
s 48ZGins A2014-51 s 43
am A2015-38 amdt 2.23
reloc to Mental Health Act 2015 s 107 by A2015-38 amdt 2.46
Forensic community care orders
div 7.1.5 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.5 by A2015-38 amdt 2.46
Forensic community care order
s 48ZHins A2014-51 s 43
am A2015-38 amdt 2.24
reloc to Mental Health Act 2015 s 108 by A2015-38 amdt 2.46
Content of forensic community care order
s 48ZIins A2014-51 s 43
reloc to Mental Health Act 2015 s 109 by A2015-38 amdt 2.46
Role of care coordinator—forensic community care order
s 48ZJins A2014-51 s 43
am A2015-38 amdt 2.25, amdt 2.26
reloc to Mental Health Act 2015 s 110 by A2015-38 amdt 2.46
Treatment etc to be explained—forensic community care order
s 48ZKins A2014-51 s 43
reloc to Mental Health Act 2015 s 111 by A2015-38 amdt 2.46
Action if forensic community care order no longer appropriate—no longer person in relation to whom ACAT could make order
s 48ZLins A2014-51 s 43
reloc to Mental Health Act 2015 s 112 by A2015-38 amdt 2.46
Action if forensic community care order no longer appropriate—no longer necessary to detain person
s 48ZMins A2014-51 s 43
am A2015-38 amdt 2.27
reloc to Mental Health Act 2015 s 113 by A2015-38 amdt 2.46
Powers in relation to forensic community care order
s 48ZNins A2014-51 s 43
am A2015-38 amdt 2.28, amdt 2.29
reloc to Mental Health Act 2015 s 114 by A2015-38 amdt 2.46
Limits on communication under forensic mental health orders
div 7.1.6 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.6 by A2015-38 amdt 2.46
Limits on communication—forensic mental health order
s 48ZOins A2014-51 s 43
reloc to Mental Health Act 2015 s 115 by A2015-38 amdt 2.46
Offence—limits on communication—forensic mental health order
s 48ZPins A2014-51 s 43
reloc to Mental Health Act 2015 s 116 by A2015-38 amdt 2.46
Duration of forensic mental health orders
div 7.1.7 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.7 by A2015-38 amdt 2.46
Duration of forensic mental health orders
s 48ZQins A2014-51 s 43
reloc to Mental Health Act 2015 s 117 by A2015-38 amdt 2.46
Leave for detained people
div 7.1.8 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.8 by A2015-38 amdt 2.46
Meaning of corrections order—div 7.1.8
s 48ZRins A2014-51 s 43
reloc to Mental Health Act 2015 s 118 by A2015-38 amdt 2.46
Grant of leave for person detained by ACAT
s 48ZSins A2014-51 s 43
reloc to Mental Health Act 2015 s 119 by A2015-38 amdt 2.46
Revocation of leave granted by ACAT
s 48ZTins A2014-51 s 43
reloc to Mental Health Act 2015 s 120 by A2015-38 amdt 2.46
Grant of leave for person detained by relevant official
s 48ZUins A2014-51 s 43
reloc to Mental Health Act 2015 s 121 by A2015-38 amdt 2.46
Leave in emergency or special circumstances
s 48ZVins A2014-51 s 43
reloc to Mental Health Act 2015 s 122 by A2015-38 amdt 2.46
Revocation of leave granted by relevant official
s 48ZWins A2014-51 s 43
reloc to Mental Health Act 2015 s 123 by A2015-38 amdt 2.46
Contravention and review of forensic mental health orders
div 7.1.9 hdg ins A2014-51 s 43
reloc to Mental Health Act 2015 div 7.1.9 by A2015-38 amdt 2.46
Contravention of forensic mental health order
s 48ZXins A2014-51 s 43
reloc to Mental Health Act 2015 s 124 by A2015-38 amdt 2.46
Contravention of forensic mental health order—absconding from facility
s 48ZYins A2014-51 s 43
reloc to Mental Health Act 2015 s 125 by A2015-38 amdt 2.46
Review, amendment or revocation of forensic mental health order
s 48ZZins A2014-51 s 43
reloc to Mental Health Act 2015 s 126 by A2015-38 amdt 2.46
Affected people
pt 7.2 hdgins A2014-51 s 43
reloc to Mental Health Act 2015 pt 7.2 by A2015-38 amdt 2.46
Definitions—pt 7.2
s 48ZZAins A2014-51 s 43
reloc to Mental Health Act 2015 s 127 by A2015-38 amdt 2.46
def affected person register ins A2014-51 s 43
def director-general ins A2014-51 s 43
def forensic patient ins A2014-51 s 43
def publish ins A2014-51 s 43
Meaning of affected person
s 48ZZBins A2014-51 s 43
reloc to Mental Health Act 2015 s 128 by A2015-38 amdt 2.46
Meaning of registered affected person
s 48ZZCins A2014-51 s 43
reloc to Mental Health Act 2015 s 129 by A2015-38 amdt 2.46
Affected person register
s 48ZZDins A2014-51 s 43
reloc to Mental Health Act 2015 s 130 by A2015-38 amdt 2.46
Notifying people about the affected person register
s 48ZZEins A2014-51 s 43
reloc to Mental Health Act 2015 s 131 by A2015-38 amdt 2.46
Including person in affected person register
s 48ZZFins A2014-51 s 43
reloc to Mental Health Act 2015 s 132 by A2015-38 amdt 2.46
Removing person from affected person register
s 48ZZGins A2014-51 s 43
reloc to Mental Health Act 2015 s 133 by A2015-38 amdt 2.46
Disclosures to registered affected people
s 48ZZHins A2014-51 s 43
reloc to Mental Health Act 2015 s 134 by A2015-38 amdt 2.46
Correctional patients
ch 8 hdgins A2014-51 s 43
Referrals by courts under Crimes Act and C&YP Act
pt 8 hdgrenum as ch 10 hdg
Preliminary
pt 8.1 hdgins A2014-51 s 43
reloc to Mental Health Act 2015 pt 8.1 by A2015-38 amdt 2.47
Meaning of correctional patient
s 48ZZIins A2014-51 s 43
reloc to Mental Health Act 2015 s 135 by A2015-38 amdt 2.47
Transfer of correctional patients
pt 8.2 hdgins A2014-51 s 43
reloc to Mental Health Act 2015 pt 8.2 by A2015-38 amdt 2.47
Transfer to mental health facility
s 48ZZJins A2014-51 s 43
reloc to Mental Health Act 2015 s 136 by A2015-38 amdt 2.47
Return to correctional centre unless direction to remain
s 48ZZKins A2014-51 s 43
reloc to Mental Health Act 2015 s 137 by A2015-38 amdt 2.47
Release etc on change of status of correctional patient
s 48ZZLins A2014-51 s 43
reloc to Mental Health Act 2015 s 138 by A2015-38 amdt 2.47
ACAT may return people to correctional centre
s 48ZZMins A2014-51 s 43
reloc to Mental Health Act 2015 s 139 by A2015-38 amdt 2.47
Review of correctional patients
pt 8.3 hdgins A2014-51 s 43
reloc to Mental Health Act 2015 pt 8.3 by A2015-38 amdt 2.47
Review of correctional patient awaiting transfer to mental health facility
s 48ZZNins A2014-51 s 43
reloc to Mental Health Act 2015 s 140 by A2015-38 amdt 2.47
Review of correctional patient transferred to mental health facility
s 48ZZOins A2014-51 s 43
reloc to Mental Health Act 2015 s 141 by A2015-38 amdt 2.47
Review of correctional patient detained at mental health facility
s 48ZZPins A2014-51 s 43
reloc to Mental Health Act 2015 s 142 by A2015-38 amdt 2.47
Leave for correctional patients
pt 8.4 hdgins A2014-51 s 43
reloc to Mental Health Act 2015 pt 8.4 by A2015-38 amdt 2.47
Grant of leave for correctional patients
s 48ZZQins A2014-51 s 43
reloc to Mental Health Act 2015 s 143 by A2015-38 amdt 2.47
Revocation of leave for correctional patients
s 48ZZRins A2014-51 s 43
reloc to Mental Health Act 2015 s 144 by A2015-38 amdt 2.47
Meaning of responsible person
s 49am A2002‑47 amdt 1.21
def responsible person am A1996‑35 sch; A1999‑31 sch 1; A2002‑47 amdt 1.20; A2004‑44 s 15; A2011‑22 amdt 1.337
om A2014-51 s 44
Statement of rights
s 50am A2004‑44 s 16; A2005‑47 amdt 1.19
om A2014-51 s 44
Information to be provided
s 51am A1999‑31 sch 1; A2004‑44 s 17, s 18; pars renum R19 LA (see A2004‑44 s 19) ; A2005‑47 amdt 1.19; A2008‑36 amdt 1.509
om A2014-51 s 44
Communication
s 52am A1999‑31 sch 1; A2004‑44 s 20; A2006‑14 amdt 1.48
om A2014-51 s 44
Failure by owner to comply
s 53am A1996‑35 sch; A1998‑54 sch; A2002‑47 amdt 1.22
om A2014-51 s 44
Electroconvulsive therapy and psychiatric surgery
ch 9 hdg(prev pt 7 hdg) am A2005‑48 s 18
renum as ch 9 hdg A2014-51 s 50
Procedural matters—ACAT
pt 9 hdgrenum as ch 11 hdg
Tribunal members
div 9.1 hdg(prev pt 9 div 1 hdg) sub A2000‑2 sch
renum as div 9.1 hdg R3 LA
om A2008‑36 amdt 1.518
Registrar and deputy registrars
div 9.2 hdgorig pt 9 div 2 hdg
renum as pt 9 div 4 hdg
prev pt 9 div 2 hdg
ins A2000‑2 sch
renum as div 9.2 hdg R3 LA
om A2008‑36 amdt 1.518
Other provisions about the tribunal
div 9.3 hdg(prev pt 9 div 3 hdg) ins A2000‑2 sch
renum as div 9.3 hdg R3 LA
om A2008‑36 amdt 1.518
Procedural matters
div 9.4 hdg(prev pt 9 div 2 hdg) renum as pt 9 div 4 hdg A2000‑2 sch
renum as div 9.4 hdg R3 LA
om A2008‑36 amdt 1.518
Consent
pt 9.1 hdg(prev pt 7 div 1 hdg) renum as div 7.1 hdg R3 LA
renum as pt 9.1 hdg A2014-51 s 51
Informed consent
s 54am A2005‑48 s 18; A2014-51 s 45
Electroconvulsive therapy
pt 9.2 hdg(prev pt 7 div 2 hdg) renum as div 7.2 hdg R3 LA
sub A2005‑48 s 10
renum as pt 9.2 hdg A2014-51 s 51
What is electroconvulsive therapy?
div 9.2.1 hdg (prev sdiv 7.2.1 hdg) ins A2005‑48 s 11
renum as div 9.2.1 hdg A2014-51 s 52
What is electroconvulsive therapy?
s 55am A1998‑54 sch; A1999‑31 s 31 and sch 1; A2004‑44 s 21
sub A2005‑48 s 11
Informed consent for electroconvulsive therapy
div 9.2.2 hdg (prev sdiv 7.2.2 hdg) ins A2005‑48 s 11
renum as div 9.2.2 hdg A2014-51 s 52
Electroconvulsive therapy may be administered with consent
s 55Ains A2005‑48 s 11
Offence—electroconvulsive therapy without consent
s 55Bins A2005‑48 s 11
Offence—electroconvulsive therapy on 10 or more occasions since consent
s 55C hdgsub A2007‑43 s 15
s 55Cins A2005‑48 s 11
Offence—electroconvulsive therapy after consent withdrawn
s 55Dins A2005‑48 s 11
Electroconvulsive therapy orders
div 9.2.3 hdg (prev sdiv 7.2.3 hdg) ins A2005‑48 s 11
renum as div 9.2.3 hdg A2014-51 s 52
Electroconvulsive therapy may be administered under electroconvulsive therapy order
s 55Eins A2005‑48 s 11
Application for electroconvulsive therapy order
s 55Fins A2005‑48 s 11
Criteria for making electroconvulsive therapy order
s 55Gins A2005‑48 s 11
am A2008‑36 amdt 1.540
Content of electroconvulsive therapy order
s 55Hins A2005‑48 s 11
am A2008‑36 amdt 1.510
Offence—electroconvulsive therapy without electroconvulsive therapy order
s 55Iins A2005‑48 s 11
Offence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order
s 55J hdgsub A2007‑43 s 16
s 55Jins A2005‑48 s 11
am A2008‑36 amdt 1.511
Offence—electroconvulsive therapy after order consent withdrawn
s 55Kins A2005‑48 s 11
Emergency electroconvulsive therapy order
div 9.2.4 hdg (prev sdiv 7.2.4 hdg) ins A2005‑48 s 12
renum as div 9.2.4 hdg A2014-51 s 52
Electroconvulsive therapy may be administered under emergency electroconvulsive therapy order
s 55Lins A2005‑48 s 12
Application for emergency electroconvulsive therapy order
s 55Mins A2005‑48 s 12
am A2008‑36 amdt 1.512; A2011‑22 amdt 1.338
Criteria for making emergency electroconvulsive therapy order
s 55Nins A2005‑48 s 12
am A2006‑40 amdt 1.31; A2008‑36 amdt 1.513, amdt 1.540
Content of an emergency electroconvulsive therapy order
s 55Oins A2005‑48 s 12
am A2008‑36 amdt 1.514
Conflict between orders
s 55Pins A2005‑48 s 12
sub A2008‑36 amdt 1.515
Only doctor or authorised person to administer electroconvulsive therapy
div 9.2.5 hdg (prev sdiv 7.2.5 hdg) ins A2005‑48 s 13
renum as div 9.2.5 hdg A2014-51 s 52
Offence—electroconvulsive therapy without doctor’s consent
s 56am A1998‑54 sch
sub A2005‑48 s 13
Records of electroconvulsive therapy
div 9.2.6 hdg (prev sdiv 7.2.6 hdg) ins A2005‑48 s 13
renum as div 9.2.6 hdg A2014-51 s 52
Doctor must record electroconvulsive therapy
s 57am A1998‑54 sch
sub A2005‑48 s 13
am A2008‑36 amdt 1.540
Electroconvulsive therapy records to be kept for 5 years
s 58am A1998‑54 sch
sub A2005‑48 s 13
Psychiatric surgery
pt 9.3 hdg(prev pt 7 div 3 hdg) renum as div 7.3 hdg R3 LA
renum as pt 9.3 hdg A2014-51 s 51
Performance on persons subject to orders of tribunal
s 59am A2008‑36 amdt 1.540
Approval and consent required
s 60am A1998‑54 sch; A1999‑31 sch 1
Application for approval
s 61am A1999‑31 sch 1
Application to be considered by committee
s 62am A1999‑31 sch 1
sub A2014-51 s 46
Chief psychiatrist may require further information
s 63 hdgam A1999‑31 notes
s 63am A1999‑31 sch 1
Chief psychiatrist to act on committee’s recommendation
s 64 hdgam A1999‑31 notes
s 64am A1999‑31 sch 1
Consent of Supreme Court
s 65am A1999‑31 sch 1; A2014-51 s 47
Refusal of surgery
s 66am A1998‑54 sch; A1999‑31 sch 1; A2014-51 s 48
Committees
s 67am A1997‑96 sch 1; A2007‑39 amdt 3.102; A2014-51 s 49
Referrals by courts under Crimes Act and Children and Young People Act 2008
ch 10 hdg(prev pt 8 hdg) am A1999‑64 sch 2
sub and renum as ch 10 hdg A2014-51 s 53
Chief psychiatrist and mental health officers
pt 10 hdgrenum as ch 12 hdg
Review of certain people found unfit to plead
s 68am A1997‑96 sch 1; A1999‑31 s 32; A2000‑2 sch; ss renum R6 LA
sub A2005‑7 s 23
am A2006‑14 amdt 1.49, amdt 1.50; A2008‑36 amdt 1.516, amdt 1.540; A2011‑52 amdt 3.140; A2014-51 s 54
reloc to Mental Health Act 2015 s 176 by A2015-38 amdt 2.48
Review of people temporarily unfit to plead
s 69sub A2004‑16 s 18
om A2005‑7 s 23
Review of certain other people found unfit to plead
s 69Ains A2004‑16 s 18
(7)-(9) exp 17 June 2004 (s 69A (9))
om A2005‑7 s 23
Recommendations about people with mental impairment
s 70 hdgam A1999‑31 notes
sub A2006‑14 amdt 1.51
s 70am A1999‑31 sch 1; A1999‑64 sch 2; A2006‑14 amdt 1.52
sub A2008‑20 amdt 3.37
am A2008‑36 amdt 1.540; A2008‑20 amdt 4.45
reloc to Mental Health Act 2015 s 177 by A2015-38 amdt 2.48
Recommendations about people with mental illness or mental dysfunction
s 70Ains A2008‑20 amdt 3.37
am A2008‑36 amdt 1.540; A2014-51 s 55
reloc to Mental Health Act 2015 s 178 by A2015-38 amdt 2.48
Service of decisions etc
s 71am A1999‑64 sch 2; A2004‑16 s 19
sub A2005‑7 s 24
am A2005‑47 amdt 1.19; A2008‑20 amdt 3.38; A2008‑36 amdt 1.517; A2011‑22 amdt 1.338
reloc to Mental Health Act 2015 s 179 by A2015-38 amdt 2.48
Review of detention under court order
s 72am A1999‑31 s 33, sch 1; A2008‑36 amdt 1.540; pars renum R48 LA
sub A2014-51 s 56
am A2015-38 amdt 2.30
reloc to Mental Health Act 2015 s 180 by A2015-38 amdt 2.48
Contravention of conditions of release
s 73am A2008‑36 amdt 1.540
sub A2014-51 s 56
reloc to Mental Health Act 2015 s 181 by A2015-38 amdt 2.48
Review of conditions of release
s 74am A2008‑36 amdt 1.540
sub A2014-51 s 56
reloc to Mental Health Act 2015 s 182 by A2015-38 amdt 2.48
Limit on detention
s 75am A1999‑31 s 34; A2008‑36 amdt 1.540
reloc to Mental Health Act 2015 s 183 by A2015-38 amdt 2.48
Care coordinator
pt 10A hdgrenum as pt 12.2 hdg
ACAT procedural matters
ch 11 hdg(prev pt 9 hdg) sub A2008‑36 amdt 1.518
sub and renum as ch 11 hdg A2014-51 s 57
Official visitors
pt 11 hdgrenum as pt 12.3 hdg
Meaning of subject person—ch 11
s 76 hdgsub A2014-51 s 58
s 76am A1997‑96 sch 1; A1999‑31 s 35 and sch 1
sub A2000‑2 s 3 sch
am A2007‑39 amdt 3.102
sub A2008‑36 amdt 1.518
am A2014-51 s 59
reloc to Mental Health Act 2015 s 184 by A2015-38 amdt 2.49
When ACAT may be constituted by presidential member
s 77am A1999‑31 s 36
sub A2000‑2 sch; A2008‑36 amdt 1.518; A2014-51 s 60
reloc to Mental Health Act 2015 s 185 by A2015-38 amdt 2.49
When ACAT must be constituted by more members
s 78sub A2000‑2 sch; A2008‑36 amdt 1.518; A2014-51 s 60
am A2015-38 amdt 2.31
reloc to Mental Health Act 2015 s 186 by A2015-38 amdt 2.49
Applications
s 79sub A2000‑2 sch; A2008‑36 amdt 1.518
am A2011‑22 amdt 1.338
sub A2014-51 s 60
reloc to Mental Health Act 2015 s 187 by A2015-38 amdt 2.49
Notice of hearing
s 79Ains A2014-51 s 60
am A2015-38 amdt 2.32
reloc to Mental Health Act 2015 s 188 by A2015-38 amdt 2.49
Directions to registrar
s 79B(prev s 84) sub A2000‑2 sch; A2008‑36 amdt 1.518
am A2014-51 s 64
reloc and renum as s 79B A2014-51 s 65
reloc to Mental Health Act 2015 s 189 by A2015-38 amdt 2.49
Appearance
s 80sub A2000‑2 sch; A2008‑36 amdt 1.518
am A2011‑22 amdt 1.337, amdt 1.338; A2014-51 s 61, s 62
reloc to Mental Health Act 2015 s 190 by A2015-38 amdt 2.49
Separate representation of children etc
s 81sub A2000‑2 sch
am A2004‑44 s 22; A2007‑39 amdt 3.103
sub A2008‑36 amdt 1.518; A2014-51 s 63
reloc to Mental Health Act 2015 s 191 by A2015-38 amdt 2.49
Subpoena to appear in person
s 82sub A2000‑2 sch
am A2007‑39 amdt 3.104
sub A2008‑36 amdt 1.518
reloc to Mental Health Act 2015 s 192 by A2015-38 amdt 2.49
Person subpoenaed in custody
s 83sub A2000‑2 sch
am A2004‑44 s 23; A2004‑60 amdt 1.594; A2005‑7 s 25; pars renum R21 LA (see A2005‑7 s 26)
sub A2005‑48 s 14; A2008‑36 amdt 1.518
reloc to Mental Health Act 2015 s 193 by A2015-38 amdt 2.49
When tribunal must be constituted by more members
s 83Ains A2005‑48 s 14
am A2006‑14 amdt 1.53; A2008‑20 amdt 3.39
om A2008‑36 amdt 1.518
Change of tribunal membership during matter
s 83Bins A2005‑48 s 14
om A2008‑36 amdt 1.518
President to select most suitable members
s 83Cins A2005‑48 s 14
om A2008‑36 amdt 1.518
When magistrate must not be tribunal member
s 83Dins A2005‑48 s 14
om A2008‑36 amdt 1.518
Directions to registrar
s 84reloc and renum as s 79B
Notice of hearing
s 85am A1998‑54 sch
sub A2000‑2 sch
am A2005‑48 s 15
sub A2008‑36 amdt 1.518
am A2010‑5 s 24; pars renum R41 LA; A2011‑22 amdt 1.337, amdt 1.338
om A2014-51 s 66
Hearings to be in private
s 86om A1995‑25 sch
ins A2000‑2 sch
sub A2008‑36 amdt 1.518; A2014-51 s 67
reloc to Mental Health Act 2015 s 194 by A2015-38 amdt 2.49
Secrecy
s 86Ains A2000‑2 sch
om A2008‑36 amdt 1.518
Who is given a copy of the order?
s 87am A1999‑64 sch 2; A2005‑47 amdt 1.19
sub A2008‑36 amdt 1.518
am A2014-51 ss 68-73; A2015-38 amdt 2.33
reloc to Mental Health Act 2015 s 195 by A2015-38 amdt 2.49
Sittings
s 88sub A2000‑2 sch
om A2008‑36 amdt 1.518
Appearance, representation and use of interpreters
s 89am A1996‑35 sch; A1997‑96 sch 1; A1999‑31 sch 1; A1999‑64 sch 2; pars renum R6 LA; A2002‑47 amdt 1.23, amdt 1.24; pars renum R9 LA (see A2002‑47 amdt 1.25); A2005‑47 amdt 1.19
om A2008‑36 amdt 1.518
Summons to appear in person
s 90am A1997‑96 sch 1; A1999‑22 s 30; A1999‑31 sch 1; A1999‑64 sch 2; A2000‑17 sch 1; A2001‑44 amdt 1.2878, amdt 1.2879; A2001‑44 amdt 1.2880 (as am by A2001‑70 amdt 1.13); A2003‑48 amdt 2.13; A2005‑47 amdt 1.19
om A2008‑36 amdt 1.518
Person summoned in custody
s 91am A1999‑22 s 31
om A2008‑36 amdt 1.518
Appearance by audiovisual or audio links
s 91Ains A1999‑22 s 32
am A2000‑17 sch 1; A2003‑48 amdt 2.14
om A2008‑36 amdt 1.518
Arrest of persons failing to appear
s 92am A2000‑2 sch
om A2008‑36 amdt 1.518
Directions to registrar
s 93am A2000‑2 sch
om A2008‑36 amdt 1.518
Notice of proceedings
s 94am A1996‑35 sch; A1999‑31 sch 1; A1999‑64 sch 2; pars renum R6 LA; A2002‑47 amdt 1.26, amdt 1.27; pars renum R9 LA (see A2002‑47 amdt 1.28); A2004‑44 s 24; pars renum R19 LA (see A2004‑44 s 25) ; A2005‑47 amdt 1.19
om A2008‑36 amdt 1.518
Proceedings to be in private
s 95am A2005‑47 amdt 1.19
om A2008‑36 amdt 1.518
Natural justice
s 96om A2008‑36 amdt 1.518
Evidence
s 97am A2000‑2 sch; A2005‑53 amdt 1.115
om A2008‑36 amdt 1.518
Privileges against selfincrimination and exposure to civil penalty
s 98sub A2005‑53 amdt 1.116
om A2008‑36 amdt 1.518
Determination of questions
s 99am A1999‑31 sch 1
om A2000‑2 sch
Assistance for tribunal
s 100am A1997‑96 sch 1; A2007‑39 amdt 3.105
om A2008‑36 amdt 1.518
Power to obtain information and documents
s 101am A1998‑54 sch; A2000‑2 sch; A2005‑53 amdt 1.117
om A2008‑36 amdt 1.518
Retention of documents
s 102am A2000‑2 sch; A2005‑53 amdt 1.118
om A2008‑36 amdt 1.518
Consultation
s 103om A1999‑31 s 37
Form of orders
s 104om A2008‑36 amdt 1.518
Who is given a copy of the order?
s 105am A2004‑44 s 26; pars renum R19 LA (see A2004‑44 s 27)
sub A2005‑48 s 16
(5), (6) exp 1 March 2006 (s 105 (6))
am A2006‑50 amdt 2.17; pars renum A2006‑50 amdt 2.18
om A2008‑36 amdt 1.518
Proof of orders
s 106om A2008‑36 amdt 1.518
Breach of orders
s 107am A2000‑2 sch
om A2008‑36 amdt 1.518
Obtaining reasons for decisions
s 108am A2000‑2 sch
om A2008‑36 amdt 1.518
Withdrawal of applications
s 109om A2008‑36 amdt 1.518
Costs
s 110om A2008‑36 amdt 1.518
Application of Criminal Code, ch 7
s 111am A1998‑54 sch; A2000‑2 sch
sub A2005‑53 amdt 1.119
om A2008‑36 amdt 1.518
Administration
ch 12 hdg(prev pt 10 hdg) am A1999‑31 s 38
sub and renum as ch 12 hdg A2014-51 s 74
Private psychiatric institutions
pt 12 hdgrenum as ch 13 hdg
Interpretation
div 12.1 hdg(prev pt 12 div 1 hdg) renum as div 12.1 hdg and then as pt 13.1 hdg
Licences
div 12.2 hdg(prev pt 12 div 2 hdg) renum as div 12.2 hdg R3 LA and then as pt 13.2 hdg
Inspectors
div 12.3 hdg(prev pt 12 div 3 hdg) renum as div 12.3 hdg and then as pt 13.3 hdg
Notification and review of decisions
div 12.4 hdg(prev pt 12 div 4 hdg) renum as div 12.4 hdg and then as ch 16 hdg
Miscellaneous
div 12.5 hdg(prev pt 12 div 5 hdg) renum as div 12.5 hdg and then as pt 13.4 hdg
Chief psychiatrist and mental health officers
pt 12.1 hdgins A2014-51 s 74
reloc to Mental Health Act 2015 pt 12.1 by A2015-38 amdt 2.50
Chief psychiatrist
s 112am A1996‑35 sch; A1999‑31 s 39
sub A2002‑47 amdt 1.29
reloc to Mental Health Act 2015 s 196 by A2015-38 amdt 2.50
Functions
s 113am A1999‑31 s 40, sch 1; pars renum R6 LA; A2014-51 s 75, s 76
reloc to Mental Health Act 2015 s 197 by A2015-38 amdt 2.50
Approved code of practice
s 114am A1999‑31 sch 1
om A2002‑47 amdt 1.30
ins A2014-51 s 77
reloc to Mental Health Act 2015 s 198 by A2015-38 amdt 2.50
Resignation
s 115am A1999‑31 sch 1
om A2002‑47 amdt 1.30
Ending appointment—chief psychiatrist
s 116am A1999‑31 sch 1
sub A2014-51 s 78
reloc to Mental Health Act 2015 s 199 by A2015-38 amdt 2.50
Acting appointments
s 117am A1999‑31 sch 1
om A2002‑47 amdt 1.30
Delegation by chief psychiatrist
s 118am A1996‑35 sch; A1999‑31 sch 1
sub A2002‑47 amdt 1.31
am A2011‑3 amdt 1.7; A2014-51 s 79
reloc to Mental Health Act 2015 s 200 by A2015-38 amdt 2.50
Mental health officers
s 119am A1999‑31 s 41, sch 1
sub A2004‑10 s 9
am A2006‑27 amdt 2.4; A2007‑43 s 17; A2010‑10 amdt 2.105; A2010‑10 amdt 2.106; A2014-51 s 80
reloc to Mental Health Act 2015 s 201 by A2015-38 amdt 2.50
Functions of mental health officers
s 119Ains A2004‑10 s 9
reloc to Mental Health Act 2015 s 202 by A2015-38 amdt 2.50
Identity cards for mental health officers
s 119Bins A2004‑10 s 9
am A2011‑22 amdt 1.337
reloc to Mental Health Act 2015 s 203 by A2015-38 amdt 2.50
Chief psychiatrist’s annual report
s 120 hdgam A1999‑31 notes
s 120sub A1995‑25 sch
am A1999‑31 sch 1
sub A2004‑9 amdt 1.29
om A2015‑16 amdt 1.22
Care coordinator
pt 12.2 hdg(prev pt 10A hdg) ins A2004‑44 s 28
renum as pt 12.2 hdg A2014-51 s 82
reloc to Mental Health Act 2015 pt 12.2 by A2015-38 amdt 2.50
Care coordinator
s 120Ains A2004‑44 s 28
reloc to Mental Health Act 2015 s 204 by A2015-38 amdt 2.50
Functions
s 120Bins A2004‑44 s 28
am A2008‑36 amdt 1.540
sub A2014-51 s 83
reloc to Mental Health Act 2015 s 205 by A2015-38 amdt 2.50
Ending appointment—care coordinator
s 120Cins A2004‑44 s 28
sub A2014-51 s 83
reloc to Mental Health Act 2015 s 206 by A2015-38 amdt 2.50
Delegation by care coordinator
s 120Dins A2004‑44 s 28
am A2011‑3 amdt 1.8; A2014-51 s 84
reloc to Mental Health Act 2015 s 207 by A2015-38 amdt 2.50
Care coordinator’s annual report
s 120Eins A2004‑44 s 28
om A2015‑16 amdt 1.22
Official visitors
pt 12.3 hdg(prev pt 11 hdg) sub A1999‑31 s 42; A2012‑33 amdt 1.38
note am A2013‑22 amdt 1.31
renum as pt 12.3 hdg A2014-51 s 86
reloc to Mental Health Act 2015 pt 12.3 by A2015-38 amdt 2.50
Meaning of official visitor etc
s 121 hdgsub A2013‑22 amdt 1.32
s 121sub A1999‑31 s 42
am A2002‑30 amdt 3.599; A2007‑39 amdt 3.106, amdt 3.107
sub A2012‑33 amdt 1.38
am A2013‑22 amdt 1.33; A2014-51 s 87, s 88
reloc to Mental Health Act 2015 s 208 by A2015-38 amdt 2.50
Appointment of official visitors—additional suitability requirement
s 122 hdgsub A2007‑39 amdt 3.108
s 122sub A1999‑31 s 42; A2012‑33 amdt 1.38
am A2014-51 s 89
reloc to Mental Health Act 2015 s 209 by A2015-38 amdt 2.50
Appointment of principal official visitor
s 122AAins A2014-51 s 90
reloc to Mental Health Act 2015 s 210 by A2015-38 amdt 2.50
Official visitor’s functions
s 122Ains A1999‑31 s 42
am A2000‑2 sch; A2001‑44 amdt 1.2881, amdt 1.2882
sub A2012‑33 amdt 1.38
am A2014-51 ss 91-93
reloc to Mental Health Act 2015 s 211 by A2015-38 amdt 2.50
Principal official visitor’s functions
s 122BBins A2014-51 s 94
reloc to Mental Health Act 2015 s 212 by A2015-38 amdt 2.50
Notice to official visitor of detainee receiving mental health treatment or care in correctional centre
s 122Bins A1999‑31 s 42
am A2000‑2 sch; A2005‑47 amdt 1.18, amdt 1.19
sub A2012‑33 amdt 1.38; A2013‑22 amdt 1.34
am A2014-51 s 95, s 96
reloc to Mental Health Act 2015 s 213 by A2015-38 amdt 2.50
Complaint about treatment or care provided at place other than visitable place
s 122Cins A2012‑33 amdt 1.38
am A2013‑22 amdt 1.35, amdt 1.36; A2014-51 s 97, s 98
reloc to Mental Health Act 2015 s 214 by A2015-38 amdt 2.50
Coordinating director-general
pt 12.4 hdgins A2014-51 s 99
reloc to Mental Health Act 2015 pt 12.4 by A2015-38 amdt 2.50
Coordinating director-general
s 122Dins A2014-51 s 99
reloc to Mental Health Act 2015 s 215 by A2015-38 amdt 2.50
Functions of coordinating director-general
s 122Eins A2014-51 s 99
reloc to Mental Health Act 2015 s 216 by A2015-38 amdt 2.50
Coordinating director-general policies and operating procedures
s 122Fins A2014-51 s 99
reloc to Mental Health Act 2015 s 217 by A2015-38 amdt 2.50
Sharing information—government agencies
pt 12.5 hdgins A2014-51 s 99
reloc to Mental Health Act 2015 pt 12.5 by A2015-38 amdt 2.50
Definitions—pt 12.5
s 122Gins A2014-51 s 99
reloc to Mental Health Act 2015 s 218 by A2015-38 amdt 2.50
def information sharing entity ins A2014-51 s 99
def information sharing protocol ins A2014-51 s 99
def relevant information ins A2014-51 s 99
Information sharing protocol
s 122Hins A2014-51 s 99
reloc to Mental Health Act 2015 s 219 by A2015-38 amdt 2.50
Information sharing guidelines
s 122Iins A2014-51 s 99
reloc to Mental Health Act 2015 s 220 by A2015-38 amdt 2.50
Information sharing—approval of agency
s 122Jins A2014-51 s 99
reloc to Mental Health Act 2015 s 221 by A2015-38 amdt 2.50
Private psychiatric facilities
ch 13 hdg(prev pt 12 hdg) sub and renum as ch 13 hdg A2014-51 s 100
Miscellaneous
pt 13 hdgreloc and renum as ch 17 hdg
Interpretation
pt 13.1 hdg(prev pt 12 div 1 hdg) renum as div 12.1 hdg R3 LA
renum as pt 13.1 hdg A2014-51 s 110
Definitions—ch 13
s 123sub A2014-51 s 101
def inspector ins A2007‑39 amdt 3.109
sub A2014-51 s 101
def licence sub A2014-51 s 101
def licensed premises sub A2014-51 s 101
def licensee sub A2014-51 s 101
def psychiatric facility ins A2014-51 s 101
def psychiatric institution am A1996‑35 sch; A1999‑31 s 43; A2002‑47 amdt 1.32
om A2014-51 s 101
Licences
pt 13.2 hdg(prev pt 12 div 2 hdg) renum as div 12.2 hdg R3 LA
renum as pt 13.2 hdg A2014-51 s 110
Owner or manager to be licensed
s 124am A1998‑54 sch; A2014-51 s 102
Issue of licence
s 125am A2001‑44 amdt 1.2883, amdt 1.2884; A2014-51 ss 103‑105
Term and renewal of licence
s 126am A2001‑44 amdt 1.2885, amdt 1.2886
Emergency cancellation
s 130am A1999‑31 sch 1
Effect of cancellation
s 131am A1998‑54 sch; A2014-51 s 106
Inspectors
pt 13.3 hdg(prev pt 12 div 3 hdg) renum as div 12.3 hdg R3 LA
renum as pt 13.3 hdg A2014-51 s 110
Appointment of inspectors
s 132am A1999‑31 sch 1
sub A2007‑39 amdt 3.110
am A2014-51 s 107
Identity cards
s 133am A1998‑54 sch
Powers of inspection
s 134am A2014-51 s 108, s 109
Failing to comply with requirement of inspector
s 135 hdgsub A2004‑15 amdt 2.122
s 135am A1998‑54 sch; A2004‑15 amdt 2.123, amdt 2.124
Miscellaneous
pt 13.4 hdg(prev pt 12 div 5 hdg) renum as div 12.5 hdg R3 LA
renum as pt 13.4 hdg A2014-51 s 117
Meaning of reviewable decision—ch 16
s 136reloc and renum as s 139CR
Reviewable decision notices
s 137reloc and renum as s 139CS
Applications for review
s 137Areloc and renum as s 139CT
Unauthorised treatment
s 138am A1998‑54 sch; A1999‑31 sch 1; A2008‑36 amdt 1.540; A2014-51 s 115, s 116
Mental health advisory council
ch 14 hdgins A2014-51 s 118
Transitional
pt 14 hdgins A1999‑31 s 45
om R5 LA
ins A2005‑7 s 27
exp 24 May 2005 (s 149)
Establishment of mental health advisory council
s 139om A2001‑56 amdt 1.40
ins A2014-51 s 118
reloc to Mental Health Act 2015 s 238 by A2015-38 amdt 2.51
Functions of mental health advisory council
s 139Ains A2014-51 s 118
reloc to Mental Health Act 2015 s 239 by A2015-38 amdt 2.51
Membership of mental health advisory council
s 139Bins A2014-51 s 118
reloc to Mental Health Act 2015 s 240 by A2015-38 amdt 2.51
Procedures of mental health advisory council
s 139Cins A2014-51 s 118
reloc to Mental Health Act 2015 s 241 by A2015-38 amdt 2.51
Interstate application of mental health laws
ch 15 hdg(prev pt 5A hdg) ins A1997‑104 s 4
reloc and renum as ch 15 hdg A2014-51 s 42
Transitional
pt 15 hdgins A2006‑14 amdt 1.54
exp 7 April 2011 (s 151)
Preliminary
pt 15.1 hdg(prev pt 5A div 1 hdg) ins A1997‑104 s 4
renum as pt 5A.1 hdg R3 LA
reloc and renum as pt 15.1 hdg A2014-51 s 28, s 42
Object of ch 15
s 139CA hdg(prev s 48A hdg) sub A2014-51 s 29
s 139CA(prev s 48A) ins A1997‑104 s 4
am A2014-51 s 30
reloc and renum as s 139CA A2014-51 s 41, s 42
Definitions—ch 15
s 139CB hdg(prev s 48B hdg) sub A2014-51 s 31
s 139CB(prev s 48B) ins A1997‑104 s 4
am A2014-51 s 32
reloc and renum as s 139CB A2014-51 s 41, s 42
def agreement ins A1997‑104 s 4
def corresponding law ins A1997‑104 s 4
def custodial order ins A1997‑104 s 4
am A1999‑31 sch 1
sub A2004‑44 s 14
om A2007‑43 s 8
def interstate custodial patient ins A1997‑104 s 4
def interstate non-custodial order ins A1997‑104 s 4
def non-custodial order ins A1997‑104 s 4
om A2007‑43 s 8
def State ins A1997‑104 s 4
Authority to enter into agreements
s 139CC(prev s 48C) ins A1997‑104 s 4
am A2011‑52 amdt 3.139; A2014-51 s 33
reloc and renum as s 139CC A2014-51 s 41, s 42
Recognition of interstate laws and orders
s 139CD(prev s 48D) ins A1997‑104 s 4
am A2014-51 s 34
reloc and renum as s 139CD A2014-51 s 41, s 42
Territory officers may exercise functions under corresponding laws
s 139CE(prev s 48E) ins A1997‑104 s 4
reloc and renum as s 139CE A2014-51 s 41, s 42
Transfer of persons from ACT
pt 15.2 hdg(prev pt 5A div 2 hdg) ins A1997‑104 s 4
renum as div 5A.2 hdg R3 LA
reloc and renum as pt 15.2 hdg A2014-51 s 28, s 42
Emergency admission of persons to health facilities in other States
s 139CF(prev s 48F) ins A1997‑104 s 4
reloc and renum as s 139CF A2014-51 s 41, s 42
Transfer of custodial patients from ACT
s 139CG(prev s 48G) ins A1997‑104 s 4
am A2007‑43 s 9; A2014-51 s 35, s 36
reloc and renum as s 139CG A2014-51 s 41, s 42
Application of Act to persons transferred interstate
s 139CH(prev s 48H) ins A1997‑104 s 4
reloc and renum as s 139CH A2014-51 s 41, s 42
Transfer of persons to ACT
pt 15.3 hdg(prev pt 5A div 3 hdg) ins A1997‑104 s 4
renum as div 5A.3 hdg R3 LA
reloc and renum as pt 15.3 hdg A2014-51 s 28, s 42
Emergency admission of interstate persons to approved health facilities
s 139CI(prev s 48I) ins A1997‑104 s 4
reloc and renum as s 139CI A2014-51 s 41, s 42
Application of Act to persons detained under s 139CI
s 139CJ(prev s 48J) ins A1997‑104 s 4
reloc and renum as s 139CJ A2014-51 s 41, s 42
Transfer of interstate custodial patients to health facilities in ACT
s 139CK(prev s 48K) ins A1997‑104 s 4
am A2007‑43 s 10; A2008‑36 amdt 1.508
reloc and renum as s 139CK A2014-51 s 41, s 42
Application of Act to persons transferred to ACT under s 139CK
s 139CL(prev s 48L) ins A1997‑104 s 4
am A2007‑43 s 10
reloc and renum as s 139CL A2014-51 s 41, s 42
Psychiatric treatment orders and interstate non-custodial orders
pt 15.4 hdg(prev pt 5A div 4 hdg) ins A1997‑104 s 4
renum as div 5A.4 hdg R3 LA
sub A2007‑43 s 11
reloc and renum as pt 15.4 hdg A2014-51 s 28, s 42
Psychiatric treatment orders relating to interstate people
s 139CM hdg(prev s 48M hdg) sub A2007‑43 s 12
s 139CM(prev s 48M) ins A1997‑104 s 4
am A2007‑43 s 13, s 14; A2014-51 s 37, s 38
reloc and renum as s 139CM A2014-51 s 41, s 42
Orders relating to ACT residents
s 139N(prev s 48N) ins A1997‑104 s 4
am A2000‑2 sch
reloc and renum as s 139CN A2014-51 s 41, s 42
Apprehension of persons absent from custody or in breach of orders
pt 15.5 hdg(prev pt 5A div 5 hdg) ins A1997‑104 s 4
renum as div 5A.5 hdg R3 LA
reloc and renum as pt 15.5 hdg A2014-51 s 28, s 42
Recognition of apprehension orders
s 139CO(prev s 48P) ins A1997‑104 s 4
reloc and renum as s 139CO A2014-51 s 41, s 42
Apprehension of interstate persons absent without leave or in breach of orders
s 139CP(prev s 48Q) ins A1997‑104 s 4
am A2014-51 s 39
reloc and renum as s 139CP A2014-51 s 41, s 42
Regulations relating to apprehension of persons
s 139CQ(prev s 48R) ins A1997‑104 s 4
am A2014-51 s 40
reloc and renum as s 139CQ A2014-51 s 41, s 42
Notification and review of decisions
ch 16 hdg(prev pt 12 div 4 hdg) renum as div 12.4 hdg R3 LA
sub A2008‑36 amdt 1.519
reloc and renum as ch 16 hdg A2014-51 s 114
Meaning of reviewable decision—ch 16
s 139CR hdg(prev s 136 hdg) sub A2014-51 s 111
s 139CR(prev s 136) sub A2008‑36 amdt 1.519
am A2014-51 s 112
reloc and renum as s 139CR A2014-51 s 113
reloc to Mental Health Act 2015 s 258 by A2015-38 amdt 2.52
Reviewable decision notices
s 139CS(prev s 137) sub A2008‑36 amdt 1.519
reloc and renum as s 139CS A2014-51 s 113
reloc to Mental Health Act 2015 s 259 by A2015-38 amdt 2.52
Applications for review
s 139CT(prev s 137A) ins A2008‑36 amdt 1.519
reloc and renum as s 139CT A2014-51 s 113
reloc to Mental Health Act 2015 s 260 by A2015-38 amdt 2.52
Miscellaneous
ch 17 hdg(prev pt 13 hdg) reloc and renum as ch 17 hdg A2014-51 s 127
Approval of mental health facilities
s 139Dins A2014-51 s 119
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 261 by A2015-38 amdt 2.53
Approval of community care facilities
s 139Eins A2014-51 s 119
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 262 by A2015-38 amdt 2.53
Powers of entry and apprehension
s 139Fins A2014-51 s 119
reloc from pt 13 A2014-51 s 127
am A2015-38 amdt 2.34, amdt 2.35
reloc to Mental Health Act 2015 s 263 by A2015-38 amdt 2.53
Powers of search and seizure
s 140sub A2014-51 s 119
reloc from pt 13 A2014-51 s 127
am A2015-38 amdt 2.36
reloc to Mental Health Act 2015 s 264 by A2015-38 amdt 2.53
Protection of officials from liability
s 140Ains A2009‑20 amdt 1.2
am A2012‑33 amdt 1.39, amdt 1.40; pars renum R48 LA
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 265 by A2015-38 amdt 2.53
Report and record of use of restraint etc
s 140AAins A2015-38 amdt 2.37
reloc to Mental Health Act 2015 s 266 by A2015-38 amdt 2.53
Appeals from ACAT to Supreme Court
s 141am A2002‑33 s 4; A2004‑60 amdt 1.595
sub A2006‑40 amdt 2.165; A2008‑36 amdt 1.520
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 267 by A2015-38 amdt 2.53
Relationship with Guardianship and Management of Property Act
s 142am A2001‑70 amdt 1.68
sub A2004‑44 s 29
am A2005‑48 s 18; A2008‑36 amdt 1.521; A2014-51 ss 120‑122
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 268 by A2015-38 amdt 2.53
Relationship with Powers of Attorney Act
s 143am A2001‑70 amdt 1.68
sub A2004‑44 s 29
am A2005‑48 s 18; A2006‑50 amdt 2.19; A2014-51 s 123, s 124
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 269 by A2015-38 amdt 2.53
Relationship with Mental Health Act 1962
s 144om A2002‑49 amdt 3.99
Certain rights unaffected
s 145sub A2008‑36 amdt 1.522
am A2014-51 s 125
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 270 by A2015-38 amdt 2.53
Review of certain provisions
s 145Ains A2014-51 s 126
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 271 by A2015-38 amdt 2.53
Determination of fees
s 146sub A2001‑44 amdt 1.2887
am A2007‑39 amdt 3.111
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 272 by A2015-38 amdt 2.53
Approved forms
s 146Ains A1999‑31 s 44
sub A2001‑44 amdt 1.2887
am A2007‑39 amdt 3.111, amdt 3.112
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 273 by A2015-38 amdt 2.53
Regulation-making power
s 147sub A2001‑44 amdt 1.2887
reloc from pt 13 A2014-51 s 127
reloc to Mental Health Act 2015 s 274 by A2015-38 amdt 2.53
Application of amendments made by Crimes Amendment Act 2005
s 148ins A1999‑31 s 45
exp 1 October 2001 (s 148 (4))
ins A2005‑7 s 27
exp 24 May 2005 (s 149)
Expiry of pt 14
s 149ins A2000‑2 s 3 sch
exp 9 June 2000 (s 149 (7))
ins A2005‑7 s 27
exp 24 May 2005 (s 149)
Application of amendments made by Crimes Amendment Act 2005
s 150ins A2006‑14 amdt 1.54
exp 7 April 2011 (s 151 (LA s 88 declaration applies))
Expiry—pt 15
s 151ins A2006‑14 amdt 1.54
exp 7 April 2011 (s 151)
Reviewable decisions
sch 1 hdgam A2014-51 s 128
sch 1ins A2008‑36 amdt 1.523
am A2014-51 s 129
Dictionary
dictins A2005‑48 s 17
am A2006‑23 amdt 1.270; A2008‑36 amdts 1.524-1.526; A2010‑10 amdt 2.107; A2011‑22 amdt 1.334, amdt 1.335; A2011‑52 amdts 3.141-3.143; A2012‑33 amdt 1.41; A2013‑22 amdt 1.37; A2014-51 s 130
def ACAT mental health provision ins A2008‑36 amdt 1.527
def advance agreement ins A2014-51 s 131
def advance consent direction ins A2014-51 s 131
def affected person ins A2014-51 s 131
def affected person register ins A2014-51 s 131
def agreement ins A2005‑48 s 17
sub A2014-51 s 132
def applicant reloc from s 4 A2005‑48 s 6
sub A2008‑36 amdt 1.528
om A2014-51 s 133
def application reloc from s 4 A2005‑48 s 6
sub A2008‑36 amdt 1.528
om A2014-51 s 133
def approved community care facility ins A2014-51 s 134
def approved health facility am A2001‑56 amdt 1.37
reloc from s 4 A2005‑48 s 6
om A2014-51 s 135
def approved mental health facility am A2001‑56 amdt 1.38
reloc from s 4 A2005‑48 s 6
sub A2014-51 s 136
def assessment reloc from s 4 A2005‑48 s 6
def assessment order ins A2008‑36 amdt 1.529
sub A2014-51 s 136
def authorised ambulance paramedic ins A2014-51 s 137
def C&YP Act ins A1999‑64 sch 2
reloc from s 4 A2005‑48 s 6
om A2008‑20 amdt 4.47
def C&YP chief executive ins A1999‑64 sch 2
reloc from s 4 A2005‑48 s 6
sub A2008‑20 amdt 3.40
om A2011‑22 amdt 1.336
def care and protection order ins A2008‑20 amdt 3.41
def care coordinator ins A1999‑31 s 6
sub A1999‑62 s 4; A2004‑44 s 4
reloc from s 4 A2005‑48 s 6
def carer ins A2014-51 s 137
def chief psychiatrist ins A1999‑31 s 6
reloc from s 4 A2005‑48 s 6
def child and adolescent psychiatrist ins A2014-51 s 137
def close relative or close friend ins A2014-51 s 137
def community-based sentence ins A2014-51 s 137
def community care facility ins A1999‑31 s 6
reloc from s 4 A2005‑48 s 6
am A2006‑23 amdt 1.271
sub A2014-51 s 138
def community care order ins A1999‑31 s 6
sub A2004‑44 s 5
reloc from s 4 A2005‑48 s 6
def community member ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.530
def coordinating director-general ins A2014-51 s 139
def correctional patient ins A2014-51 s 139
def corrections director-general ins A2014-51 s 139
def corrections order ins A2014-51 s 139
def corresponding law ins A2005‑48 s 17
sub A2014-51 s 140
def Crimes Act reloc from s 4 A2005‑48 s 6
def custodial order ins A2005‑48 s 17
om A2007‑43 s 18
def CYP director-general ins A2011‑22 amdt 1.336
def decision reloc from s 4 A2005‑48 s 6
def decision-making capacity ins A2014-51 s 141
def deputy president ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.530
def detainee ins A2014-51 s 141
def director-general ins A2014-51 s 141
def electroconvulsive therapy ins A2005‑48 s 17
def electroconvulsive therapy order ins A2005‑48 s 17
def emergency assessment order ins A2014-51 s 141
def emergency electroconvulsive therapy order ins
A2005‑48s 17
def entitled person ins A2012‑33 amdt 1.42
def forensic mental health order ins A2014-51 s 141
def forensic patient ins A2014-51 s 141
def general president ins A2008‑36 amdt 1.531
def health attorney ins A2014-51 s 141
def information sharing entity ins A2014-51 s 141
def information sharing protocol ins A2014-51 s 141
def information statement reloc from s 4 A2005‑48 s 6
sub A2014-51 s 142
def informed consent ins A2005‑48 s 17
sub A2014-51 s 142
def inspector ins A2007‑39 amdt 3.113
sub A2014-51 s 142
def interim care and protection order ins A2008‑20 amdt 3.42
def interim therapeutic protection order ins A2008‑20 amdt 3.42
def interstate custodial patient ins A2005‑48 s 17
sub A2014-51 s 142
def interstate non-custodial order ins A2005‑48 s 17
sub A2014-51 s 142
def licence ins A2005‑48 s 17
sub A2014-51 s 142
def licensed premises ins A2005‑48 s 17
sub A2014-51 s 142
def licensee ins A2005‑48 s 17
sub A2014-51 s 142
def member ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.532
def mental disorder ins A2014-51 s 143
def mental dysfunction reloc from s 4 A2005‑48 s 6
om A2014-51 s 144
def mental health facility am A1999‑31 sch 1
reloc from s 4 A2005‑48 s 6
sub A2014-51 s 145
def mental health nurse reloc from s 4 A2005‑48 s 6
sub A2004‑39 amdt 6.9 (as am by A2005‑48 amdt 1.13)
om A2010‑10 amdt 2.108
def mental health officer reloc from s 4 A2005‑48 s 6
def mental health order am A1999‑31 s 6
sub A2004‑44 s 6
reloc from s 4 A2005‑48 s 6
def mental health professional am A1999‑31 sch 1
reloc from s 4 A2005‑48 s 6
sub A2014-51 s 145
def mental health services member ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.532
def mental health tribunal provision ins A2008‑20 amdt 3.42
om A2008‑36 amdt 1.532
def mental illness ins A1999‑31 s 6
reloc from s 4 A2005‑48 s 6
sub A2014-51 s 145
def mental impairment ins A2006‑14 amdt 1.55
def mentally dysfunctional or mentally ill offender am A1999‑31 sch 1; A1999‑64 sch 2
reloc from s 4 A2005‑48 s 6
om A2006‑14 amdt 1.56
def neurosurgery reloc from s 4 A2005‑48 s 6
def nominated person ins A2014-51 s 146
def non-custodial order ins A2005‑48 s 17
om A2007‑43 s 19
def non-presidential member ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
sub A2008‑36 amdt 1.533
def offender with a mental impairment ins A2006‑14 amdt 1.57
am A2008‑36 amdt 1.534; A2008‑20 amdt 4.48
om A2014-51 s 147
def official visitor ins A1999‑31 s 6
reloc from s 4 A2005‑48 s 6
om A2012‑33 amdt 1.43
ins A2013‑22 amdt 1.38
am A2014-51 s 148
def order reloc from s 4 A2005‑48 s 6
def president reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.535
def presidential member ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
sub A2008‑36 amdt 1.536
def principal official visitor ins A2014-51 s 149
def private psychiatric facility ins A2014-51 s 149
def private psychiatric institution reloc from s 4 A2005‑48 s 6
om A2014-51 s 150
def proceeding sub A2005‑48 s 5
reloc from s 4 A2005‑48 s 6
sub A2008‑36 amdt 1.536; A2014-51 s 151
def psychiatric facility ins A2014-51 s 152
def psychiatric institution am A1996‑35 sch; A1999‑31 sch
sub A2002‑47 amdt 1.18
reloc from s 4 A2005‑48 s 6
om A2014-51 s 153
def psychiatric institution, for pt 12 ins A2005‑48 s 17
om A2014-51 s 153
def psychiatric surgery reloc from s 4 A2005‑48 s 6
def psychiatric treatment order ins A1999‑31 s 6
sub A2004‑44 s 7
reloc from s 4 A2005‑48 s 6
def psychiatrist reloc from s 4 A2005‑48 s 6
sub A2010‑10 amdt 2.109
def psychiatrist member ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.537
def psychologist member ins A2000‑2 sch
reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.537
def publish ins A2014-51 s 154
def referring officer am A1999‑64 sch 2; A2004‑14 amdt 2.5
reloc from s 4 A2005‑48 s 6
am A2008‑20 amdt 4.49, amdt 4.50; pars renum R39 LA; A2011‑22 amdt 1.337
def registered affected person ins A2014-51 s 154
def registrar sub A1999‑66 sch 3
reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.537
def relative am A2003‑14 amdt 1.79, amdt 1.80
reloc from s 4 A2005‑48 s 6
def relevant information ins A2014-51 s 154
def relevant official ins A2014-51 s 154
def relevant person ins A2014-51 s 154
def representative ins A2014-51 s 154
def responsible person ins A2005‑48 s 17
sub A2014-51 s 155
def restriction order ins A1999‑31 s 6
sub A2004‑44 s 8
reloc from s 4 A2005‑48 s 6
sub A2014-51 s 155
def reviewable decision ins A2008‑36 amdt 1.538
sub A2014-51 s 155
defState ins A2005‑48 s 17
sub A2014-51 s 155
def subject person ins A2008‑36 amdt 1.538
sub A2014-51 s 155
def transfer direction ins A2014-51 s 156
def treating team ins A2014-51 s 156
def treatment, care or support ins A2014-51 s 156
def tribunal reloc from s 4 A2005‑48 s 6
om A2008‑36 amdt 1.539
def victims of crime commissioner ins A2014-51 s 156
def visitable place ins A2012‑33 amdt 1.44
def young detainee ins A2014-51 s 156
def young offender ins A2014-51 s 156
def young person ins A2014-51 s 156
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R0A
6 Feb 20065 Sept 1995–
30 June 1996A1995‑25 amendments by A1995‑25 R0B
6 Feb 20061 July 1996–
23 Dec 1997A1996‑35 amendments by A1996‑35 R1
1 June 19981 June 1998–
8 Dec 1998A1997‑104 amendments by A1997‑96 and A1997‑104 R1 (RI)
6 Feb 20061 June 1998–
8 Dec 1998A1997‑104 reissue of printed version R1A
6 Feb 200623 Dec 1998–
31 Aug 1999A1998‑70 amendments by A1998‑54 and A1998‑70 R2
10 Nov 199910 Nov 1999–
8 Mar 2000A1999‑66 amendments by A1999‑22,
A1999‑31,
A1999‑62 and A1999‑66R2 (RI)
6 Feb 200610 Nov 1999–
8 Mar 2000A1999‑66 reissue of printed version R2A
6 Feb 200610 May 2000–
31 May 2000A2000‑2 amendments by A1999‑64 and A2000‑2 R2B
6 Feb 20061 June 2000–
9 June 2000A2000‑17 amendments by A2000‑17 R2C
6 Feb 20065 Oct 2000–
5 Sept 2001A2000‑52 amendments by A2000‑52 and commenced expiry R3
12 Sept 200112 Sept 2001–
13 Sept 2001A2001‑56 amendments by A2001‑44 and A2001‑56 R4
19 Oct 200114 Sept 2001–
1 Oct 2001A2001‑70 amendments by A2001‑70 R5
19 Oct 20012 Oct 2001–
27 Feb 2002A2001‑70 commenced expiry R6
28 Feb 200228 Feb 2002–
16 Sept 2002A2001‑70 editorial amendments under Legislation Act R7
8 Oct 200217 Sept 2002–
8 Oct 2002A2002‑30 amendments by A2002‑30 R8
9 Oct 20029 Oct 2002–
30 Dec 2002A2002‑33 amendments by A2002‑33 R9
31 Dec 200231 Dec 2002–
16 Jan 2003A2002‑47 amendments by A2002‑47 R10
17 Jan 200317 Jan 2003–
27 Mar 2003A2002‑49 amendments by A2002‑49 R11*
28 Mar 200328 Mar 2003–
16 Mar 2004A2003‑14 amendments by A2003‑14 R12
17 Mar 200417 Mar 2004–
8 Apr 2004A2004‑16 amendments by A2004‑16 R13
9 Apr 20049 Apr 2004–
12 Apr 2004A2004‑16 amendments by A2004‑15 R14
13 Apr 200413 Apr 2004–
29 Apr 2004A2004‑16 amendments by A2004‑9 R15
30 Apr 200430 Apr 2004–
26 May 2004A2004‑16 amendments by A2003‑48 R16
27 May 200427 May 2004–
17 June 2004A2004‑16 amendments by A2004‑10 R17
18 June 200418 June 2004–
25 June 2004A2004‑16 commenced expiry R18
26 June 200426 June 2004–
11 Aug 2004A2004‑16 amendments by A2004‑14 R19*
12 Aug 200412 Aug 2004–
9 Jan 2005A2004‑44 amendments by A2004‑44 R20
10 Jan 200510 Jan 2005–
23 Feb 2005A2004‑60 amendments by A2004‑60 R21
24 Feb 200524 Feb 2005–
24 May 2005A2005‑7 amendments by A2005‑7 R22
25 May 200525 May 2005–
6 July 2005A2005‑7 commenced expiry R23
7 July 20057 July 2005–
6 Sept 2005A2005‑7 updated endnotes R24
7 Sept 20057 Sept 2005–
22 Nov 2005A2005‑48 amendments by A2005‑48 R25
23 Nov 200523 Nov 2005–
16 Jan 2006A2005‑53 amendments by A2005‑53 R26
17 Jan 200617 Jan 2006–
28 Feb 2006A2005‑53 amendments by A2004‑39 as amended by A2005‑48 R27
1 Mar 20061 Mar 2006–
1 Mar 2006A2006‑3 amendments by A2005‑47 as amended by A2006‑3 R28
2 Mar 20062 Mar 2006–
6 Apr 2006A2006‑3 commenced expiry R29
7 Apr 20067 Apr 2006–
1 June 2006A2006‑14 amendments by A2006‑14 R30 (RI)
2 June 20062 June 2006–
28 Sept 2006A2006‑23 amendments by A2006‑23
reissue for textual correctionR31
29 Sept 200629 Sept 2006–
18 Oct 2006A2006‑40 amendments by A2006‑40 R32
19 Oct 200619 Oct 2006–
13 Dec 2006A2006‑40 amendments by A2006‑40 R33*
14 Dec 200614 Dec 2006–
29 May 2007A2006‑50 amendments by A2006‑27 R34
30 May 200730 May 2007–
12 Dec 2007A2006‑50 amendments by A2006‑50 R35
13 Dec 200713 Dec 2007–
26 Dec 2007A2007‑43 amendments by A2007‑43 R36
27 Dec 200727 Dec 2007–
26 Oct 2008A2007‑43 amendments by A2007‑39 R37
27 Oct 200827 Oct 2008‑
1 Feb 2009A2008‑36 amendments by A2008‑20 R38
2 Feb 20092 Feb 2009–
26 Feb 2009A2008‑36 amendments by A2008‑36 R39
27 Feb 200927 Feb 2009–
21 Sept 2009A2008‑36 amendments by A2008‑20 R40
22 Sept 200922 Sept 2009–
8 Mar 2010A2009‑20 amendments by A2009‑20 R41
9 Mar 20109 Mar 2010–
30 June 2010A2010‑5 amendments by A2010‑5 R42
1 July 20101 July 2010–
28 Mar 2011A2010‑10 amendments by A2010‑10 R43
1 Mar 20111 Mar 2011–
7 Apr 2011A2011‑3 amendments by A2011‑3 R44
8 Apr 20118 Apr 2011–
30 June 2011A2011‑3 expiry of transitional provisions (pt 15) R45
1 July 20111 July 2011–
11 Dec 2011A2011‑22 amendments by A2011‑22 R46
12 Dec 201112 Dec 2011–
30 June 2012A2011‑52 amendments by A2011‑52 R47
1 July 20121 July 2012–
31 Aug 2013A2011‑52 amendments by A2010‑10 R48*
1 Sept 20131 Sept 2015–
2 June 2015A2013-22 amendments by A2012‑33 and A2013-22 R49
3 June 20153 June 2015–
7 Oct 2015A2015‑16 amendments by A2015‑16 R50
8 Oct 20158 Oct 2015–
29 Feb 2016A2015‑16 updated endnotes as amended by A2015-38
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