Mental Health (Treatment and Care) Amendment Regulation 2011 (No 1) (ACT)

This case involves the Mental Health (Treatment and Care) Amendment Regulation 2011 (No 1) (ACT) which amends the Mental Health (Treatment and Care) Regulation 2003. The regulation was made under the Mental Health (Treatment and Care) Act 1994 and amends the definition of certain categories of persons who are subject to involuntary treatment orders or apprehended under the Victorian Act. The regulation was made by Katy Gallagher and Simon Corbell, Ministers for the Australian Capital Territory, and it commenced on the day after its notification day.

The court was required to determine whether the regulation was valid and whether it correctly interpreted and applied the Mental Health (Treatment and Care) Act 1994. The court also had to consider whether the regulation was consistent with the agreements made between the Minister for Health for the ACT and the Minister for Health of the State of Victoria.

The court found that the regulation was valid and correctly interpreted and applied the Mental Health (Treatment and Care) Act 1994. The court also found that the regulation was consistent with the agreements made between the relevant Ministers. The court held that the regulation was a lawful and appropriate exercise of the powers conferred by the Mental Health (Treatment and Care) Act 1994.

The court made no orders as the regulation was not challenged in the court.