Untitled document

Mental Health (Amendment) Act 1999

Act No. 29/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Community treatment orders and restricted community treatment
orders	2
5.	Licensing of ECT premises	5
6.	Register of non-psychiatric treatment	6
7.	Powers of authorised psychiatrist	6
8.	New Division 3 of Part 6 substituted	6
Division 3—Community Support Services	7

98.	Definitions	7
99.	Principles for community support services	7
100.	Appointment of administrator	8

9.	Powers of chief psychiatrist and authorised officers	10
10.	New section 106AC inserted	11
106AC. Quality assurance committee	11
11.	Community visitors	12
12.	Confidentiality	12
13.	Members and procedure of the Board	13

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NOTES 14

i

Victoria

No. 29 of 1999

Mental Health (Amendment) Act 1999†

[Assented to 1 June 1999]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Mental
Health Act 1986—

(a) in respect of community support services; (b) to establish a quality assurance committee;

(c) generally to improve the operation of the Act.

Mental Health (Amendment) Act 1999

Act No. 29/1999 s. 2

2. Commencement

(1) Sections 1 and 3 and this section come into

operation on the day on which this Act receives

the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 June 2000, it

comes into operation on that day.

3. Principal Act No. 59/1986. Reprint No. 5

In this Act, the Mental Health Act 1986 is called	as at 1 July 1998. Further
the Principal Act.	amended by No. 67/1998.

4.  Community treatment orders and restricted community treatment orders

(1) In section 15A of the Principal Act—

(a) in sub-section (6) for "this section" substitute "section 30";

(b) sub-sections (7) and (8) are repealed.

(2) In section 15A of the Principal Act for

sub-section (9) substitute—
"(9) A restricted community treatment order does

not take effect, except for the purposes of an appeal or review, unless and until it has been approved by the Board under section

36(2A)(c).".

(3) In section 15B of the Principal Act for

sub-section (1) substitute—

"(1) If the chief psychiatrist is satisfied that a

person who is subject to a restricted
community treatment order does not satisfy

Mental Health (Amendment) Act 1999

s. 4 Act No. 29/1999

the criteria specified in section 93(1)(b) of
the Sentencing Act 1991 or the criteria
specified in section 15A(1) of this Act, the
chief psychiatrist must discharge the person

as an involuntary patient.".

(4) In the Principal Act—

(a) in section 15B sub-section (3) is repealed;

(b) in section 15B(6)—

(i) omit "or the Board";

(ii) omit "or it";

(c)

in section 15B(6) for paragraph (b) "(b) satisfies the criteria specified in section

93(1)(b) of the Sentencing Act 1991
but does not satisfy the criteria
specified in section 15A(1) of this

Act.";

(d)	in section 15B(7) and (8) omit "or the Board" wherever occurring;
(e)	in section 30(1)(a) after "admitted" insert "or, in the case of a person who is subject to a restricted community treatment order, as soon as practicable after receiving a copy of the order under section 15A(6)";

(f) in section 36(2)—

(i)  for "Where" substitute "Subject to sub- section (2A), where";

(ii)  after "detained" insert "or deemed to be detained".

(5) After section 36(2) of the Principal Act insert—

"(2A) On hearing an appeal or review in relation to a person who is subject to a restricted

Mental Health (Amendment) Act 1999

Act No. 29/1999 s. 4

community treatment order, the Board,
having regard to the criteria specified in
section 93(1)(b) of the Sentencing Act 1991

and section 15A(1) of this Act—

(a) if satisfied that the person—

(i)  has failed to comply with the order; or

(ii) section 93(1)(b) of the Sentencing
Act 1991 but does not satisfy the

satisfies the criteria specified in 15A(1) of this Act—

may revoke the order; or

(b)	if satisfied that the person does not satisfy the criteria specified in section 93(1)(b) of the Sentencing Act 1991 or the criteria specified in section 15A(1) of this Act, must discharge the person as an involuntary patient; or
(c)	in the case of the first review of the order under section 30(1)(a), if satisfied that the person does not satisfy the criteria specified in section 93(1)(b) of the Sentencing Act 1991 but satisfies the criteria specified in section 15A(1) of this Act, may approve the order.

(2B) If the Board revokes a restricted community treatment order—

(a) the Board must make reasonable efforts to inform the person who was subject to the order—

(i)  that the order has been revoked; and

Mental Health (Amendment) Act 1999

s. 5 Act No. 29/1999

(ii)  that the person must return to an approved mental health service as an in-patient; and

(b)	the person who was subject to the order is deemed to be an involuntary patient who is absent from an approved mental health service without leave; and
(c)	the Board may authorise any of the persons referred to in section 43(1) to apprehend the person for the purposes of returning the person to an approved mental health service.".

(6) In section 36 of the Principal Act—

(a)	in sub-section (4) after "the Board" insert ", having regard to the criteria specified in sections 8(1) and 14(1A)";
(b)	in sub-section (6) for "sub-section (5)" substitute "sub-section (2B) or (5)".

5. Licensing of ECT premises

(1) In section 75 of the Principal Act—

(a) in sub-section (1)—

(i)

for "person who" substitute "person, association that";

(ii) after "person" (where secondly
occurring) insert ", partnership or
unincorporated association";

(b) in sub-section (3) paragraph (a) is repealed;

(c)

in sub-section (5) for paragraph (c) "(c) the suitability of the equipment to be

used in the performance of
electroconvulsive therapy; and".

Mental Health (Amendment) Act 1999

Act No. 29/1999 s. 8

(2) In the Principal Act—

(a)

in section 76(1) for paragraph (b) "(b) must specify the prescribed particulars;

and";

(b)

in section 76(2) for paragraph (d) "(d) the equipment on the premises is no

longer suitable; or";

(c) in section 77—

(i)  in sub-section (2) paragraph (a) is repealed;

(ii) sub-section (4) is repealed;

(d) in section 78(2) omit "in the prescribed form".

(3) After section 78(2) of the Principal Act insert—

"(3) An application under sub-section (2) must specify the prescribed particulars.".

(4) In section 80 of the Principal Act omit "in the

prescribed form".

6. Register of non-psychiatric treatment

In section 85(2) of the Principal Act omit "in the prescribed form".

7. Powers of authorised psychiatrist

In section 96(2) of the Principal Act for "this Act" substitute "this or any other Act".

8. New Division 3 of Part 6 substituted

For Division 3 of Part 6 of the Principal Act substitute—

Mental Health (Amendment) Act 1999

Act No. 29/1999

'Division 3—Community Support Services

98. Definitions
In this Division—
"agency" has the same meaning as in

Division 1 of Part 3 of the Health
Services Act 1988;

"community support services" means services funded by the Secretary to provide care or support designed to assist people with a mental disorder, wherever possible, to live, work and participate in the community and

includes psychiatric disability support
services.

99.  Principles for community support services It is the intention of Parliament that an agency providing community support services operate in accordance with the following principles—

(a) given the best possible care and
treatment appropriate to their needs in
the least possible restrictive
environment and least possible
intrusive manner consistent with the

people receiving the services should be treatment; and

(b) who are receiving the services to

provision should be made for people and evaluation of the services; and

(c) restrictions on and interference with the rights, privacy, dignity and self-respect of people receiving the services should

Mental Health (Amendment) Act 1999

Act No. 29/1999	s. 8
be kept to the minimum necessary in the circumstances; and

(d)	there should be adequate mechanisms for the assessment and review of people receiving the services; and
(e)

the services provided should be needs of people with a mental disorder.

100. Appointment of administrator

(1) If the Minister is satisfied that an agency

providing community support services—

(a)	is inefficiently or incompetently managed; or
(b)

has failed to provide effective services specified in section 99; or

(c) has breached or failed to comply with any provision of any funding agreement with the Secretary—

the Minister may recommend to the the agency be appointed.

(2) If the Minister proposes that an agency

should be administered by an administrator,
the Minister—

(a)	must give notice in writing to the agency of his or her proposal; and
(b)	must consider any submissions, whether oral or in writing, made to the Minister by the agency within 7 days after the giving of the notice; and

Mental Health (Amendment) Act 1999

s. 8 Act No. 29/1999

(c)

may consider any other submissions considers appropriate—

before deciding whether or not to recommend the appointment of an administrator.

(3) If the Minister decides to recommend the appointment of an administrator, the recommendation of the Minister, may appoint an administrator of the agency for such period and subject to such terms and conditions as are specified in the appointment.

(4) An administrator of an agency appointed

under this section has and may exercise all
the powers and is subject to all the duties of
the board or other governing body of the
agency.

(5) On the appointment of an administrator, the

members of the board or other governing
body of the agency cease to hold office.

(6) If the Minister recommends to the Governor

in Council that the appointment of an administrator of an agency should be revoked, the Governor in Council may by
notice published in the Government Gazette declare that the appointment will be revoked on the date specified in the notice, being a
date not less than 28 days after the
publication of the notice.

(7) If a notice is published under sub-section (6) in relation to an agency—

(a) members of the board or other governing body of the agency are to be

Mental Health (Amendment) Act 1999

Act No. 29/1999	s. 9
elected or appointed in accordance with the rules or other constituting document of the agency; and

(b) on the date specified in the notice—

(i) the appointment of the
administrator is revoked; and

(ii)  the board or other governing body of the agency is re-established.

(8) The salary of an administrator appointed

under this section and any expenses of the
administrator necessarily incurred in the
administration are to be paid by the

Department.'.

9. Powers of chief psychiatrist and authorised officers

(1) In the Principal Act—

(a)	in section 105(2)(b) for "this Act" substitute "this or any other Act";
(b)	in section 106(1) for "In this section and sections 106AA and 106AB" substitute "In this Division";
(c)

in section 106(1) after the definition of ' "quality assurance committee" means the

committee established by section

106AC.'.

(2) In section 106(1) of the Principal Act, in the

definition of "psychiatric service"— (a) in paragraph (b) omit "State"; (b) paragraph (c) is repealed;

(c) for paragraph (i) substitute—
Mental Health (Amendment) Act 1999

s. 10 Act No. 29/1999

"(i) an agency providing community

support services.".

(3) In section 106 of the Principal Act for

sub-section (4) substitute—
"(4) The chief psychiatrist or an authorised

officer may visit a psychiatric service—

(a) if the chief psychiatrist has reason to believe—

(i) disorder is not being provided, or

that a person with a mental medical care by the service; or

(ii)  that the welfare of a person with a mental disorder is being, or has been, endangered by the service; or

(b) if the chief psychiatrist considers it necessary to do so in the course of the duty of the chief psychiatrist or authorised officer as a member of the quality assurance committee.".

(4) In section 106(6) of the Principal Act—

(a) in paragraph (a) omit "and";

(b) paragraph (b) is repealed.

10. New section 106AC inserted

After section 106AB of the Principal Act insert—

"106AC. Quality assurance committee

(1) A quality assurance committee is

established.

(2) The committee consists of the chief

psychiatrist and each authorised officer
within the meaning of section 106(1).

Mental Health (Amendment) Act 1999

Act No. 29/1999 s. 11

(3) The function of the committee is to oversee

and monitor standards of mental health
services.".

11. Community visitors

In the Principal Act—

(a) in section 107, in the definition of "mental health service", for paragraphs (b) and (c) substitute—

"(b) an agency providing community

support services—";

(b)	in section 114 for "in the prescribed form" substitute "specifying the prescribed particulars";
(c)

in section 116(3) for "Board" substitute Board".

12. Confidentiality

(1) In section 120A(1) of the Principal Act, in the

definition of "person to whom this section

applies"—

(a)	for "psychiatric service" (wherever occurring) substitute "relevant psychiatric service";
(b)

in paragraph (d) for "psychiatric health service".

(2) In section 120A(1) of the Principal Act, in the

definition of "relevant psychiatric service"—

(a) in paragraph (b) omit "State";

(b) for paragraph (c) substitute— "(c) an agency providing community

support services;";
Mental Health (Amendment) Act 1999

s. 13 Act No. 29/1999

(c) paragraph (d) is repealed.

13. Members and procedure of the Board

In the Principal Act—

(a)	in clause 2 of Schedule 1 sub-clause (3) is repealed;
(b)

in clause 1(1A)(a)(i) of Schedule 2 for "section 93G(3)".

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Mental Health (Amendment) Act 1999

Act No. 29/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 22 April 1999

Legislative Council: 12 May 1999

The long title for the Bill for this Act was "to amend the Mental Health Act 1986 in respect of community support services, to establish a quality assurance committee and for other purposes."