MENTAL HEALTH REGULATIONS 2004

 [Consolidated as at 26 February 2013

 on the authority of the Administrator

 and in accordance with

 the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

Section

PART 1   —   PRELIMINARY

 1. Name of Regulations

 2. Commencement

 3. Definitions

PART 2   —   INTERSTATE APPLICATION OF MENTAL HEALTH LAWS

 4. Corresponding laws

 5. Interstate custodial patients

 6. Corresponding people for interstate custodial patients

 7. Recognition of interstate apprehension orders

 8. People authorised to apprehend under interstate apprehension orders

 9. Place to which people can be taken in Norfolk Island under interstate apprehension orders

 10. Place to which people can be taken in Queensland under section 42E

 11. Application of Act to persons transferred from Norfolk Island

Mental Health Regulations 2004

Part 1   —   Preliminary

Name of Regulations

 1. These Regulations may be cited as the Mental Health Regulations 2004.

Commencement

 2. These Regulations shall commence operation on the day on which notification of their being made is published in the Gazette.

Definitions

 3. In these Regulations  —

“interstate agreement” means agreements about the interstate application of mental health laws made under section 42A of the Act;

“interstate apprehension order” means an interstate apprehension order under an interstate agreement;

“NSW Act” means the Mental Health Act 1990 (NSW); 

“Queensland Act” means the Mental Health Act 2000 (Qld);

“the Act” means the Mental Health Act 1996;

“Victorian Act” means the Mental Health Act 1986 (Vic).

Part 2  —   Interstate application of mental health laws

Corresponding laws

 4. The following are corresponding laws for section 42D of the Act  —

(a) the Mental Health Act 1990 (NSW);

(b) the Mental Health Act 1986 (Vic);

(c)                the Mental Health Act 2000 (Qld).   

Interstate custodial patients

 5. The following are interstate custodial patients for section 42G of the Act  —

(a) a person who is a classified patient or a forensic patient under the Queensland Act;

(b) a person subject to an order under the Queensland Act, section 101 (Court may order person’s detention in authorised mental health service);

(c) a person subject to the Queensland Act, section 185 (Apprehension of involuntary patients interstate);

(d) a person subject to an order under the Queensland Act, section 273(1)(b) (Orders about custody);

(e) a person subject to an order under the Queensland Act, section 288 (Mental Health Court may make forensic order);

(f) a person subject to an order under the Queensland Act, section 302 (Commonwealth Minister may make forensic order for persons subject to custody order);

(g) a person subject to an order for detention in a stated authorised mental health service under the Queensland Act, section 337(6) (Appeal powers).

(h) a person apprehended or detained under the NSW Act, chapter 4, Part 2 (Involuntary admission to hospitals), Division 1 (Admission to and detention in hospitals);

(i) a person who is a continued treatment patient as defined in the NSW Act, schedule 1 (Dictionary of terms used in the Act);

(j)                 a person who is a temporary patient as defined in the NSW Act, Schedule 1;

(k) a person subject to a hospital order or restricted hospital order under the Victorian Act, section 16 (Transfer of mentally ill prisoners);

(l) a person who is the subject of a warrant issued under the Victorian Act, section 53AA (Warrant to arrest security patient absent without leave who leaves Victoria);

(m) a person apprehended under the Victorian Act, section 53AD (Apprehension of forensic patient absent without leave).

Corresponding people for interstate custodial patients

 6. For section 42G of the Act —

(a) an interstate custodial patient mentioned in regulation 5(h) corresponds to a person being detained under section 22 of the Act, with the detention having commenced at the time the person arrives at the place mentioned in regulation  9; and

(b) an interstate custodial patient mentioned in another paragraph of regulation 6 corresponds to a person subject to a custody order under the Act, section 30(2), 30A, 37F or 37H, as the case requires, that was made at the time specified in the interstate apprehension or transfer order.

Recognition of interstate apprehension orders

 7. For section 42J, it is a condition of recognition of an interstate apprehension order that the order complies with the interstate agreement under which it is issued and any applicable requirements of the relevant corresponding law.

People authorised to apprehend under interstate apprehension orders

 8. The following people are authorised to apprehend a person under an interstate apprehension order  —

(a) a doctor;

(b) persons authorised under paragraphs 42K(1)(c) and (d) of the Act.

Place to which people can be taken in Norfolk Island under interstate apprehension orders

 9. The only place in Norfolk Island that a person apprehended under an interstate apprehension order can be taken to and detained at is the Norfolk Island Hospital.

Place to which people can be taken in Queensland under section 42E

 10. For the purposes of subsection 42E(1) of the Act, an approved mental health facility in Queensland is a health service or part of a health service, declared by the Queensland Director of Mental Health, by gazette notice, to be an authorised mental health service under section 495 of the Queensland Act.

Application of Act to persons transferred from Norfolk Island

 11. Upon a person being accepted into the custody of an authorised person or persons in a State for removal to an approved mental health facility in that State, the provisions of the Act cease to apply to that person and the provisions of the relevant mental health Act of that State apply subject to such arrangements as may be agreed upon in an interstate agreement which shall include provision for  — 

(a) regular reports concerning the mental and physical state of the person to be sent to the President of the Mental Health Tribunal; and

(b) the return of the person to Norfolk Island, if necessary for the purpose of appearing before a court or in compliance with an order of a court.

© Norfolk Island Government 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.