Mental Health (Treatment and Care) Amendment Act 2007 (ACT)

Mental Health (Treatment and Care) Amendment Act 2007

A2007-43

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Offences against Act—application of Criminal Code etc

   
   

   Section 4A, note 1, 3rd dot point  2

5. Section 4A, note 1, 6th dot point  2

6. Section 5 heading  2

7. Section 5  3

8. Definitions for pt 5A

   
   

   Section 48B, definitions of custodial order and non-custodial order         3

9. Transfer of custodial patients from ACT

   
   

   Section 48G (1) (b)  3

10. Application of Act to persons transferred to ACT under s 48K

    
    

    Section 48L (d)  3

11. Division 5A.4 heading  4

12. Section 48M heading  4

13. Section 48M  4

14. New section 48M (2)  4

15. Section 55C heading  4

16. Section 55J heading  4

17. Mental health officers

    
    

    Section 119 (2)  5

18. Dictionary, definition of custodial order  5

19. Dictionary, definition of non-custodial order  5

Mental Health (Treatment and Care) Amendment Act 2007

A2007-43

An Act to amend the Mental Health (Treatment and Care) Act 1994

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Mental Health (Treatment and Care) Amendment Act 2007.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Mental Health (Treatment and Care) Act 1994.

4. Offences against Act—application of Criminal Code etc
   Section 4A, note 1, 3rd dot point

   substitute

   ·     s 55C (Offence—electroconvulsive therapy on 10 or more occasions since consent)

5. Section 4A, note 1, 6th dot point

   substitute

   ·     s 55J (Offence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order)

6. Section 5 heading

   substitute

7. People not to be regarded as mentally dysfunctional or mentally ill

1. Section 5

   omit everything before paragraph (a), substitute

   For this Act, a person is not to be regarded as mentally dysfunctional or mentally ill only because of any of the following:

2. Definitions for pt 5A
   Section 48B, definitions of custodial order and
   non-custodial order

   omit

3. Transfer of custodial patients from ACT
   Section 48G (1) (b)

   substitute

   (b)is subject to a psychiatric treatment order and is being detained under—

   (i)a restriction order made under section 30; or

   (ii)action taken under section 35 (Powers in relation to detention, restraint etc) or section 36K (Contravention of psychiatric treatment order or community care order);

4. Application of Act to persons transferred to ACT
   under s 48K
   Section 48L (d)

   omit

   custodial order

   substitute

   custody order

5. Division 5A.4 heading

   substitute

Division 5A.4            Psychiatric treatment orders and interstate non-custodial orders

1. Section 48M heading

   substitute

48MPsychiatric treatment orders relating to interstate people

1. Section 48M

   omit everything before paragraph (a), substitute

   (1)A psychiatric treatment order may be made under division 4.4 even though the affected person does not reside in the ACT, if—

2. New section 48M (2)

   insert

   (2)However, a restriction order mentioned in section 31 (a) (ii) may not be made in relation to the affected person.

3. Section 55C heading

   substitute

55COffence—electroconvulsive therapy on 10 or more occasions since consent

1. Section 55J heading

   substitute

55JOffence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order

1. Mental health officers
   Section 119 (2)

   omit

   or social worker

   insert

   , occupational therapist or social worker

2. Dictionary, definition of custodial order

   omit

3. Dictionary, definition of non-custodial order

   omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 22 November 2007.

2. Notification

   Notified under the Legislation Act on 12 December 2007.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Mental Health (Treatment and Care) Amendment Bill 2007, which was passed by the Legislative Assembly on 6 December 2007.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2007