Untitled document
Sentencing (Mental Health) (Amendment) Regulations 2006
S.R. No. 125/2006
TABLE OF PROVISIONS
Regulation Page
1.Objective
2.Authorising provision
3.Commencement
4.Substitution of regulations 9, 10, 11, 12 and 13
9.Assessment order
10.Diagnosis, assessment and treatment order
11.Certificate of psychiatrist
12.Report of authorised psychiatrist
13.Restricted involuntary treatment orders and hospital security orders
5.Form 2 substituted
Form 2—Assessment Order for Detention in an Approved
Mental Health Service
6.Form 3 amended
7.Form 4 substituted
Form 4A—Certificate of Psychiatrist for Diagnosis, Assessment and Treatment Order
Form 4B—Certificate of Psychiatrist for Restricted Involuntary treatment order
Form 4C—Certificate of Psychiatrist for Hospital Security Order
8.Form 5 substituted
Form 5A—Report of Authorised Psychiatrist for Diagnosis, Assessment and Treatment Order
Form 5B—Report of Authorised Psychiatrist for Restricted Involuntary Treatment Order
Form 5C—Report of Authorised Psychiatrist for Hospital Security Order
9.Form 6 substituted
Form 6—Restricted Involuntary Treatment Order
10.Form 7 substituted
Form 7—Hospital Security Order
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ENDNOTES
STATUTORY RULES 2006
S.R. No. 125/2006
Sentencing Act 1991
Sentencing (Mental Health) (Amendment) Regulations 2006
The Governor in Council makes the following Regulations:
Dated: 26 September 2006
Responsible Minister:
ROB HULLS
Attorney-GeneralRUTH LEACH
Clerk of the Executive Council
1.Objective
The objective of these Regulations is to amend the Sentencing Regulations 2002 consequential on the Sentencing and Mental Health Acts (Amendment) Act 2005 and to make minor technical amendments.
2.Authorising provision
These Regulations are made under section 116 of the Sentencing Act 1991.
3.Commencement
These Regulations come into operation on 1 October 2006.
4.Substitution of regulations 9, 10, 11, 12 and 13
For regulations 9, 10, 11, 12 and 13 of the Sentencing Regulations 2002[1] substitute—
"9.Assessment order
The prescribed form for an assessment order under section 90 of the Act is Form 2 in the Schedule.
10.Diagnosis, assessment and treatment order
The prescribed form for a diagnosis, assessment and treatment order under section 91 of the Act is Form 3 in the Schedule.
11.Certificate of psychiatrist
(1)For the purposes of section 91(1)(b) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4A in the Schedule.
(2)For the purposes of section 93(1)(a) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4B in the Schedule.
(3)For the purposes of section 93A(1)(a) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4C in the Schedule.
12.Report of authorised psychiatrist
(1)For the purposes of section 91(1)(c) of the Act, the prescribed form of a report is Form 5A in the Schedule.
(2)For the purposes of section 93(1)(b) of the Act, the prescribed form of a report is Form 5B in the Schedule.
(3)For the purposes of section 93A(1)(b) of the Act, the prescribed form of a report is Form 5C in the Schedule.
13.Restricted involuntary treatment orders and hospital security orders
(1)The prescribed form for a restricted involuntary treatment order under section 93 of the Act is Form 6 in the Schedule.
(2)The prescribed form for a hospital security order under section 93A of the Act is Form 7 in the Schedule.".
5.Form 2 substituted
For Form 2 in the Schedule to the Sentencing Regulations 2002 substitute—
"FORM 2
Regulation 9
ASSESSMENT ORDER FOR DETENTION IN AN APPROVED MENTAL HEALTH SERVICE
Ref. No.
Informant
of
Defendant
of
TO:The Authorised Psychiatrist of
an approved mental health service.
1. The defendant has been found guilty of the following offence:
2. The Court is of the opinion that—
(a) the defendant appears to be mentally ill; and
(b) the defendant's mental illness may require treatment and that treatment may be obtained by the defendant being detained in an approved mental health service; and
(c) because of the defendant's mental illness, involuntary treatment of the defendant is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public.
3.The Court has received advice in writing from you that the approved mental health service named above has the facilities or services available to undertake an assessment of the defendant's suitability for a restricted involuntary treatment order or a hospital security order.
THE COURT ORDERS that the defendant be detained in the approved mental health service named above as an involuntary patient for a
period of hours [not exceeding 72 hours] to enable an assessment to be made of his or her suitability for a restricted involuntary treatment order under section 93 of the Sentencing Act 1991 or a hospital security order under section 93A of the Sentencing Act 1991, and thereafter to be brought before this Court on at a.m./p.m.
CUSTODY OF DEFENDANT [To be completed as necessary]
[Full name in block letters] employed by
[insert employer's name] as [insert designation]
shall be responsible for taking the defendant—
(a)to the approved mental health service named above; and
(b)from the approved mental health service named above to the Court.
Dated Day Month Year
Signature of Judge/Magistrate
__________________".
6.Form 3 amended
In Form 3 in the Schedule to the Sentencing Regulations 2002 omit "admitted to and".
7.Form 4 substituted
For Form 4 in the Schedule to the Sentencing Regulations 2002 substitute—
"FORM 4A
Regulation 11(1)
CERTIFICATE OF PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER
Ref. No.
Date of hearing
To the Court
[Full name of defendant]
[Defendant's address]
I [Full name] am a registered medical practitioner and psychiatrist.
I personally examined the defendant on at a.m./p.m.
It is my opinion that—
(a)the defendant appears to be mentally ill; and
(b)the defendant's mental illness requires treatment and that treatment can be obtained by the defendant being subject to a diagnosis, assessment and treatment order under section 91 of the Sentencing Act 1991; and
(c)because of the defendant's mental illness, involuntary treatment of the defendant is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public.
I base my opinion on the following facts:
[Signature of certifying psychiatrist]
[Full name in block letters]
[Full address] Telephone No.
[Qualifications]
Date:
__________________
FORM 4B
Regulation 11(2)
CERTIFICATE OF PSYCHIATRIST FOR RESTRICTED INVOLUNTARY TREATMENT ORDER
Ref. No.
Date of hearing
To the Court
[Full name of defendant]
[Defendant's address]
I [Full name] am a registered medical practitioner and psychiatrist.
I personally examined the defendant on at a.m./p.m.
It is my opinion that—
(a)the defendant appears to be mentally ill; and
(b)the defendant's mental illness requires treatment and that treatment can be obtained by the defendant being subject to a restricted involuntary treatment order under section 93 of the Sentencing Act 1991; and
(c)because of the defendant's mental illness, involuntary treatment of the defendant is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public.
I base my opinion on the following facts:
[Signature of certifying psychiatrist]
[Full name in block letters]
[Full address] Telephone No.
[Qualifications]
Date:
__________________
FORM 4C
Regulation 11(3)
CERTIFICATE OF PSYCHIATRIST FOR HOSPITAL SECURITY ORDER
Ref. No.
Date of hearing
To the Court
[Full name of defendant]
[Defendant's address]
I [Full name] am a registered medical practitioner and psychiatrist.
I personally examined the defendant on at a.m./p.m.
It is my opinion that—
(a)the defendant appears to be mentally ill; and
(b)the defendant's mental illness requires treatment and that treatment can be obtained by the defendant being subject to a hospital security order under section 93A of the Sentencing Act 1991; and
(c)because of the defendant's mental illness, the detention and treatment of the defendant in an approved mental health service is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public.
I base my opinion on the following facts:
[Signature of certifying psychiatrist]
[Full name in block letters]
[Full address] Telephone No.
[Qualifications]
Date:
__________________".
8.Form 5 substituted
For Form 5 in the Schedule to the Sentencing Regulations 2002 substitute—
"FORM 5A
Regulation 12(1)
REPORT OF AUTHORISED PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER
Ref. No.
Date of hearing
To the Court
[Full name of defendant]
[Defendant's address]
1.I [Full name] am the authorised psychiatrist of
[name of approved mental health service]
an approved mental health service.
2.I have read the certificate of Dr. [full name] dated concerning the defendant.
3.I recommend the making of a diagnosis, assessment and treatment order under section 91 of the Sentencing Act 1991.
4.There are facilities or services available at the approved mental health service named above for the diagnosis, assessment and treatment of the defendant.
[Signature of authorised psychiatrist]
[Qualifications] Telephone No.
Date:
__________________
FORM 5B
Regulation 12(2)
REPORT OF AUTHORISED PSYCHIATRIST FOR RESTRICTED INVOLUNTARY TREATMENT ORDER
Ref. No.
Date of hearing
To the Court
[Full name of defendant]
[Defendant's address]
1.I [Full name] am the authorised psychiatrist of
[name of approved mental health service]
an approved mental health service.
2.I have read the certificate of Dr. [full name] dated
concerning the defendant.
3.I recommend the making of a restricted involuntary treatment order under section 93 of the Sentencing Act 1991.
4.There are facilities or services available at the approved mental health service named above for the treatment of the defendant.
[Signature of authorised psychiatrist]
[Qualifications] Telephone No.
Date:
__________________
FORM 5C
Regulation 12(3)
REPORT OF AUTHORISED PSYCHIATRIST FOR HOSPITAL SECURITY ORDER
Ref. No.
Date of hearing
To the Court
[Full name of defendant]
[Defendant's address]
1.I [Full name] am the authorised psychiatrist of
[name of approved mental health service]
an approved mental health service.
2.I have read the certificate of Dr. [full name] dated
concerning the defendant.
3.I recommend the making of a hospital security order under section 93A of the Sentencing Act 1991.
4.There are facilities or services available at the approved mental health service named above for the treatment of the defendant.
[Signature of authorised psychiatrist]
[Qualifications] Telephone No.
Date:
__________________ ".
9.Form 6 substituted
For Form 6 in the Schedule to the Sentencing Regulations 2002 substitute—
"FORM 6
Regulation 13(1)
RESTRICTED INVOLUNTARY TREATMENT ORDER
Ref. No.
Informant
of
Defendant
of
TO:The Authorised Psychiatrist
of an approved mental health service.
THE COURT ORDERS that the defendant be treated at the approved mental health service named above as an involuntary patient subject to a restricted involuntary treatment order under section 93 of the Sentencing Act 1991 for a period of [not exceeding 2 years].
CUSTODY OF DEFENDANT [To be completed as necessary]
[Full name in block letters] employed by
[insert employer's name] as [insert designation]
shall be responsible for taking the defendant to the approved mental health service named above.
Dated Day Month Year
Signature of Judge/Magistrate
__________________ ".
10.Form 7 substituted
For Form 7 in the Schedule to the Sentencing Regulations 2002 substitute—
"FORM 7
Regulation 13(2)
HOSPITAL SECURITY ORDER
Ref. No.
Informant
of
Defendant
of
TO:The Authorised Psychiatrist of
an approved mental health service.
THE COURT ORDERS that the defendant be detained in the approved mental health service named above as a security patient subject to a hospital security order under section 93A of the Sentencing Act 1991 for a period
of (which does not exceed the term of imprisonment to which the defendant would have been sentenced had this order not been made).
A non-parole period of is fixed.
CUSTODY OF DEFENDANT [To be completed as necessary]
[Full name in block letters] employed by
[insert employer's name] as [insert designation]
shall be responsible for taking the defendant to the approved mental health service named above.
Dated Day Month Year
Signature of Judge/Magistrate".
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ENDNOTES
[1] Reg. 4: S.R. No. 21/2002
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