Western Australia
Mental Health Act 2014
Western Australia
Mental Health Act 2014
(No. 24 of 2014)
Contents
Part 1 — Preliminary matters
1.Short title2
2.Commencement2
3.Act binds Crown2
Part 2 — Terms and concepts
Division 1 — Definitions and notes
4.Terms used2
5.Notes and examples not part of Act2
Division 2 — Mental illness
6.When a person has a mental illness2
Division 3 — Best interests of a person
7.Matters relevant to decision about person’s best interests2
Division 4 — Wishes of a person
8.Matters relevant to ascertaining person’s wishes2
Division 5 — Communicating with a person
9.Language, form of communication and terms to be used2
Part 3 — Objects
10.Objects2
Part 4 — Charter of Mental Health Care Principles
11.Regard to be had to Charter2
12.Compliance with Charter by mental health services2
Part 5 — Decision making capacity and informed consent
Division 1 — Decision making capacity generally
13.Capacity of adult to make decisions2
14.Capacity of child to make decisions2
15.Determining capacity to make decisions2
Division 2 — Informed consent to treatment
16.Requirements for informed consent2
17.People who can give informed consent2
18.Determining capacity to make treatment decision2
19.Explanation of proposed treatment must be given2
20.Sufficient time for consideration2
Part 6 — Involuntary patients
Division 1 — When a person will be an involuntary patient
21.Involuntary patient2
22.Inpatient treatment order2
23.Community treatment order2
24.Making involuntary treatment order2
25.Criteria for involuntary treatment order2
Division 2 — Referrals for examination
Subdivision 1 — Person suspected of needing involuntary treatment order
26.Referral for examination at authorised hospital or other place2
27.Person to be taken to authorised hospital or other place as soon as practicable2
28.Detention to enable person to be taken to authorised hospital or other place2
29.Making transport order2
30.Effect of referral on community treatment order2
31.Revoking referral2
Subdivision 2 — Voluntary inpatient admitted by authorised hospital
32.Application of this Subdivision2
33.Effect of admission on community treatment order2
34.Person in charge of ward may order assessment2
35.Revoking order for assessment2
36.Referral for examination at authorised hospital2
37.Revoking referral2
Subdivision 3 — Requirements for referral
38.Application of this Subdivision2
39.No referral without assessment2
40.Time limit for making referral2
41.Form of referral2
42.Providing information contained in referral to person referred2
43.Copy of referral must be filed2
44.Period of referral made under s. 26(2) or (3)(a)2
45.Extending referral made outside metropolitan area2
46.Changing place where examination will be conducted2
Subdivision 4 — Conduct of assessment
47.Application of this Subdivision2
48.How assessment must be conducted2
49.Information to which practitioner may have regard2
50.Assessment of person of Aboriginal or Torres Strait Islander descent2
Division 3 — Examinations
Subdivision 1 — Examination at authorised hospital
51.Application of this Subdivision2
52.Detention for examination on referral made under s. 26(2)2
53.Detention for examination on referral made under s. 36(2)2
54.Conducting examination2
55.What psychiatrist must do on completing examination2
56.Effect of order for continuation of detention2
Subdivision 2 — Examination at place that is not authorised hospital
57.Application of this Subdivision2
58.Detention for examination2
59.Detention at place outside metropolitan area2
60.Conducting examination2
61.What psychiatrist must do on completing examination2
62.Detention to enable person to be taken to hospital2
63.Making transport order2
Subdivision 3 — Inpatient treatment order authorising detention at general hospital
64.Application of this Subdivision2
65.Treating psychiatrist must report regularly to Chief Psychiatrist2
66.Transfer from general hospital to authorised hospital2
67.Making transport order2
68.Confirmation of inpatient treatment order2
Subdivision 4 — Order for further examination at authorised hospital
69.Application of this Subdivision2
70.Detention at authorised hospital2
71.Conducting examination at authorised hospital2
72.What psychiatrist must do on completing examination2
Subdivision 5 — Examination without referral
73.Application of this Subdivision2
74.Conducting examination2
75.What psychiatrist may do on completing examination2
76.Confirmation of community treatment order2
Subdivision 6 — Conduct of examination
77.Application of this Subdivision2
78.Referring psychiatrist cannot conduct examination2
79.How examination must be conducted2
80.Information to which examiner may have regard2
81.Examination of person of Aboriginal or Torres Strait Islander descent2
Part 7 — Detention for examination or treatment
Division 1 — Preliminary matters
82.Application of this Part2
Division 2 — Detention at authorised hospital or other place for examination
83.Detention authorised2
Division 3 — Detention at hospital under inpatient treatment order
84.Application of this Division2
85.Terms used2
86.Detention authorised2
87.Period that must be specified in inpatient treatment order2
88.Period for which detention is authorised2
89.Examination before end of each detention period2
90.Changing involuntary inpatient’s status2
91.Transfer between authorised hospitals2
92.Making transport order2
93.Involuntary inpatient to be advised of expiry2
Division 4 — Release from hospital or other place
94.Application of this Division2
95.Person must be allowed to leave2
96.Delivery into custody under another law2
Division 5 — Absence without leave from hospital or other place
97.Persons who are absent without leave2
98.Making apprehension and return order2
99.Operation of apprehension and return order2
100.Period of apprehension and return order2
101.Revocation of apprehension and return order2
102.Return of person to place where apprehended2
Division 6 — Leave of absence from detention at hospital under inpatient treatment order
Subdivision 1 — Preliminary matters
103.Application of this Division2
104.Term used: leave of absence2
Subdivision 2 — Grant, extension, variation or cancellation of leave
105.Granting leave2
106.Extending or varying leave granted2
107.Involuntary inpatient must comply with conditions of leave2
108.Monitoring involuntary inpatient on leave2
109.Changing involuntary inpatient’s status while inpatient on leave2
110.Cancelling leave2
Subdivision 3 — Transport to and from hospital
111.Application of this Subdivision2
112.Making transport order2
Part 8 — Community treatment orders
Division 1 — Preliminary matters
113.Terms used2
Division 2 — Making order
114.Things psychiatrist must be satisfied of before making order2
115.Terms of order2
Division 3 — Operation of order
116.Duration of order2
117.Advice about when and where treatment to be provided2
118.Monthly examination of patient2
119.Supervising psychiatrist may request practitioner to examine involuntary community patient2
120.What supervising psychiatrist may do after examination2
121.Continuation order2
122.Varying order2
123.Making inpatient treatment order or revoking community treatment order2
124.Confirmation of inpatient treatment order2
125.Involuntary community patient to be advised of expiry2
Division 4 — Breach of order
126.When involuntary community patient will be in breach2
127.What supervising psychiatrist must do if order breached2
128.Order to attend if non‑compliance continues2
129.Making transport order2
130.Detention at place specified in order to attend2
131.Other action that may be taken if non‑compliance2
Division 5 — Transport to hospital
132.Application of this Division2
133.Making transport order2
Division 6 — Supervising psychiatrist and treating practitioner
134.Supervising psychiatrist2
135.Change of supervising psychiatrist2
136.Treating practitioner2
137.Change of treating practitioner2
Part 9 — Notifiable events
Division 1 — Preliminary matters
138.Application of this Part2
Division 2 — Notification of carers, close family members and other personal support persons
139.Right of any carer, close family member or other personal support person to be notified2
140.Person responsible required to notify any carer, close family member or other personal support person2
141.Reasonable efforts to notify carer, close family member or other personal support person2
142.Notification not in person’s best interests2
143.Advising carer, close family member or other personal support person of decision2
144.Revocation of decision2
Division 3 — Notification of other persons and bodies
145.Making, revocation or expiry of involuntary treatment order2
Part 10 — Transport orders
146.Application of this Part2
147.Transport officers2
148.Making transport order2
149.Operation of transport order2
150.Period of transport order2
151.Extension of transport order made under s. 29(1) if referral extended2
152.Extension of other transport orders2
153.Revocation of transport order if referral revoked2
154.Revocation of transport order if no longer needed2
155.Return of person if transport order expires or is revoked2
Part 11 — Apprehension, search and seizure powers
Division 1 — Apprehension powers
156.Apprehension by police officer of person suspected of having mental illness2
157.Assessment of person arrested2
158.Police must be notified when person leaves2
159.Apprehension of other persons2
Division 2 — Search and seizure powers
160.Term used: approved form2
161.Authorised persons2
162.Search of person while detained or admitted2
163.Conduct of search2
164.Seizure of articles2
165.Record of search and seizure2
166.Dealing with articles seized when person apprehended2
167.Return of articles given to or seized by mental health service2
168.Return of articles given to medical practitioner or authorised mental health practitioner2
169.Approval of forms for use by police officers under this Division2
Part 12 — Exercise of certain powers
Division 1 — Detention powers
170.Principles relating to detention2
Division 2 — Ancillary powers: reasonable assistance and force and directions
171.Term used: prescribed provision2
172.Reasonable assistance and reasonable force authorised2
173.Duty to obey directions2
174.Other written laws not affected2
Part 13 — Provision of treatment generally
Division 1 — Voluntary patients
175.Informed consent necessary2
176.Informed consent must be filed2
Division 2 — Involuntary patients and mentally impaired accused
177.Application of this Division2
178.Informed consent not necessary2
179.Patient’s psychiatrist must ensure regard had to patient’s wishes2
180.Requirements for ascertaining patient’s wishes2
181.Record of treatment to be filed2
182.Further opinion may be requested2
183.Request for additional opinion may be refused2
184.Chief Psychiatrist may request reconsideration of treatment2
Division 3 — Treatment, support and discharge planning
185.Application of this Division2
186.Treatment, support and discharge plan2
187.Preparation and review of plan2
188.Involvement in preparation and review of plan2
Division 4 — Provision of treatment to patients of Aboriginal or Torres Strait Islander descent
189.Provision of treatment to patient of Aboriginal or Torres Strait Islander descent2
Division 5 — Compliance with standards and guidelines
190.Mental health service must comply with standards2
191.Mental health service must take guidelines into account2
Part 14 — Regulation of certain kinds of treatment and other interventions
Division 1 — Electroconvulsive therapy
192.Electroconvulsive therapy (ECT): meaning2
193.ECT offence2
194.ECT on child under 14 years prohibited2
195.ECT on child over 14 years who is voluntary patient2
196.ECT on child over 14 years who is involuntary patient or mentally impaired accused2
197.ECT on adult voluntary patient2
198.ECT on adult involuntary patient or mentally impaired accused2
199.Emergency ECT on adult involuntary patient or mentally impaired accused2
200.Report to Mentally Impaired Accused Review Board2
201.Statistics about ECT2
Division 2 — Emergency psychiatric treatment
202.Emergency psychiatric treatment: meaning2
203.Informed consent not required2
204.Record of emergency psychiatric treatment2
Division 3 — Psychosurgery
205.Psychosurgery: meaning2
206.Psychosurgery offence2
207.Psychosurgery on child under 16 years prohibited2
208.Psychosurgery on adult or child over 16 years old2
209.Report to Chief Psychiatrist and Mentally Impaired Accused Review Board2
Division 4 — Deep sleep and insulin coma therapy
210.Deep sleep and insulin coma therapy prohibited2
Division 5 — Seclusion
211.Terms used2
212.Seclusion: meaning2
213.Seclusion must be authorised2
214.Giving oral authorisation2
215.Making seclusion order2
216.Criteria for authorising seclusion2
217.Treating psychiatrist (if any) to be informed2
218.Extending seclusion order2
219.Revoking seclusion order2
220.Release of person on revocation or expiry of seclusion order2
221.Record of seclusion order expiring2
222.Requirements relating to seclusion2
223.Examination of person released from seclusion2
224.Report to Chief Psychiatrist and Mentally Impaired Accused Review Board2
225.Reasonable assistance and force authorised2
Division 6 — Bodily restraint
226.Terms used2
227.Bodily restraint: meaning2
228.Principles relating to use of bodily restraint2
229.Bodily restraint must be authorised2
230.Giving oral authorisation2
231.Making bodily restraint order2
232.Criteria for authorising bodily restraint2
233.Treating psychiatrist (if any) must be informed2
234.Varying bodily restraint order2
235.Revoking bodily restraint order2
236.Release of person on revocation or expiry of bodily restraint order2
237.Record of bodily restraint order expiring2
238.Requirements relating to bodily restraint2
239.Examination of person when released2
240.Report to Chief Psychiatrist and Mentally Impaired Accused Review Board2
Part 15 — Health care of people in hospitals
Division 1 — Examination to assess person’s physical condition
241.Physical examination on arrival at hospital2
Division 2 — Urgent non‑psychiatric treatment for involuntary inpatients and mentally impaired accused
242.Provision of urgent non‑psychiatric treatment: report to Chief Psychiatrist2
Part 16 — Protection of patients’ rights
Division 1 — Patients’ rights generally
Subdivision 1 — Explanation of rights
243.Application of this Subdivision2
244.Rights to be explained to person2
245.Person’s rights to be explained to another person2
246.Person responsible for ensuring explanation is provided2
Subdivision 2 — Access to records about patients and former patients
247.Term used: relevant document2
248.Right to access medical record and other documents2
249.Restrictions on access2
250.Providing access to medical practitioner or legal practitioner2
251.Disclosure by medical practitioner or legal practitioner2
Subdivision 3 — Duties of staff of mental health services toward patients
252.Term used: mental health service2
253.Duty not to ill‑treat or wilfully neglect patients2
254.Duty to report certain incidents2
Division 2 — Additional rights of inpatients in hospitals
Subdivision 1 — Admission of voluntary inpatients by authorised hospitals
255.Admission by medical practitioner2
256.Confirmation of admission by psychiatrist2
257.Reasons for refusing to admit or confirm admission2
Subdivision 2 — Rights of inpatients generally
258.Application of this Subdivision2
259.Personal possessions2
260.Interview with psychiatrist2
261.Freedom of lawful communication2
262.Restrictions on freedom of communication2
Division 3 — Nominated persons
Subdivision 1 — Purpose and effect of nomination
263.Role of nominated person2
264.Effect of nomination2
Subdivision 2 — Right to information, and to be involved in matters, relating to patient’s treatment and care
265.Application of this Subdivision2
266.Rights of nominated person2
267.Responsibility of patient’s psychiatrist2
268.Contacting nominated person2
269.Provision of information or involvement not in patient’s best interests2
270.Advising nominated person of decision2
271.Revocation of decision2
272.Rights in another capacity not affected2
Subdivision 3 — Making and ending nomination
273.Who can make nomination2
274.Who can be nominated2
275.Formal requirements2
276.Only one nominated person2
277.Revocation of nomination2
278.Resignation of nominated person2
279.Notification of revocation or resignation2
Part 17 — Recognition of rights of carers and families
Division 1 — Role of carers and families
280.Carers2
281.Close family members2
282.Acknowledgment of and respect for role of carers and close family members2
283.More than one carer or close family member2
Division 2 — Information about and involvement in patient’s treatment and care
284.Application of this Division2
285.Rights of carers and close family members2
286.Voluntary patient with capacity to consent2
287.Voluntary patient with no capacity to consent2
288.Involuntary patient or mentally impaired accused with capacity to consent2
289.Involuntary patient or mentally impaired accused with no capacity to consent2
290.Responsibility of patient’s psychiatrist2
291.Contacting carer or close family member2
292.Provision of information or involvement not in patient’s best interests2
293.Advising carer or close family member of decision2
294.Revocation of decision2
295.Rights in another capacity not affected2
Division 3 — Identifying carer or close family member
296.When being admitted or received2
297.While being provided with treatment or care2
298.Person can withdraw consent, or can consent, at any time2
Part 18 — Children who have a mental illness
299.Best interests of child is a primary consideration2
300.Child’s wishes2
301.Views of child’s parent or guardian2
302.Child who is a voluntary patient2
303.Segregation of children from adult inpatients2
304.Off-label treatment provided to child who is involuntary patient2
Part 19 — Complaints about mental health services
Division 1 — Preliminary matters
305.Terms used2
306.Making complaint to service provider or Director of Complaints Office2
307.Divisions 3 and 4 to be read with Health and Disbility Services (Complaints) Act 19952
Division 2 — Complaints to service providers
308.Service provider must have complaints procedure2
309.Prescribed service providers must provide Director with information about complaints2
Division 3 — Complaints to Director of Complaints Office
Subdivision 1 — Preliminary matters
310.Parties themselves may resolve complaint2
311.Things done by or in relation to complainant2
Subdivision 2 — Director of Complaints Office
312.Functions of Director2
313.Directions by Minister2
314.Minister to have access to specified information about Director’s functions2
Subdivision 3 — Right to complain
315.Who may complain2
316.Representative of person with mental illness or carer2
317.Representative must not be paid2
318.Service provider may complain on behalf of person with mental illness or carer2
319.Registration board may complain on behalf of person with mental illness or carer2
320.Who and what can be complained about2
321.Time for complaining2
Subdivision 4 — Initial procedures
322.How to complain2
323.Referral of complaint about excluded mental health service2
324.Withdrawal of complaint2
325.Complainant should try to resolve matter2
326.Complaint that is not to be dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)2
327.Complaint that is being dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)2
328.Preliminary decision by Director2
329.Rejection, deferral or referral of complaints2
330.Response by respondent2
Subdivision 5 — Negotiated settlements and conciliation
331.Resolving complaints by negotiation2
332.Conciliation of complaints2
Subdivision 6 — Investigations
333.Conduct generally2
334.Power to require information and records2
335.Warrant to enter and inspect premises2
336.Conciliator cannot investigate2
Subdivision 7 — Consequences of investigation
337.What Director must do on completing investigation2
338.Respondent or other person to report on remedial action2
339.Report not provided or remedial action not taken: report to Parliament2
Subdivision 8 — Other matters relating to investigations
340.Director to stop if other proceedings begun2
341.Minister may refer matters for investigation2
342.Confidentiality2
Division 4 — Miscellaneous matters
343.Reports to Parliament2
344.False or misleading information or documents2
345.Person must not be penalised because of complaint or investigation2
346.Registers: complaints, matters directed to be investigated2
347.Delegation by Director2
Part 20 — Mental health advocacy services
Division 1 — Preliminary matters
348.Terms used2
Division 2 — Mental health advocates: appointment or engagement, functions and powers
Subdivision 1 — Appointment or engagement, functions and powers
349.Chief Mental Health Advocate2
350.Other mental health advocates2
351.Functions of Chief Mental Health Advocate2
352.Functions of mental health advocates2
353.Powers generally2
354.Directions to Chief Mental Health Advocate about general matters2
355.Directions to Chief Mental Health Advocate to report on particular issues2
Subdivision 2 — Contacting identified person or person with sufficient interest
356.Request to contact identified person2
357.Duty to contact identified person2
358.Contact on mental health advocate’s own initiative2
Subdivision 3 — Specific powers of mental health advocates
359.Specific powers of mental health advocates2
360.Documents to which access is restricted2
361.Disclosure by mental health advocate2
362.Interfering with exercise of powers2
363.Issues arising out of inquiries and investigations2
Division 3 — Terms and conditions of appointment or engagement
Subdivision 1 — Chief Mental Health Advocate
364.Terms and conditions of appointment2
365.Remuneration2
366.Resignation2
367.Removal from office2
368.Acting Chief Mental Health Advocate2
Subdivision 2 — Other mental health advocates
369.Terms and conditions of engagement2
370.Remuneration2
371.Resignation2
372.Removal from office2
Division 4 — Other matters relating to mental health advocates
373.Conflict of interest2
374.Delegation by Chief Mental Health Advocate2
Division 5 — Staff and facilities
375.Advocacy services staff2
376.Use of government staff and facilities2
Division 6 — Annual reports
377.Annual report: preparation2
378.Annual report: tabling2
Part 21 — Mental Health Tribunal
Division 1 — Preliminary matters
379.Terms used2
Division 2 — Establishment, jurisdiction and constitution
380.Establishment2
381.Jurisdiction2
382.Constitution specified by President2
383.Constitution generally2
384.Constitution for psychosurgical matters2
385.Contemporaneous exercise of jurisdiction2
Division 3 — Involuntary treatment orders: review
386.Initial review after order made2
387.Periodic reviews while order in force2
388.Involuntary patient for continuous period2
389.Review period may be extended2
390.Application for review2
391.Review on Tribunal’s own initiative2
392.Suspending order pending review2
393.Parties to proceeding2
394.Things to which Tribunal must have regard2
395.What Tribunal may do on completing review2
396.Review of direction given to psychiatrist2
Division 4 — Involuntary treatment orders: validity
397.Application of this Division2
398.Declaration about validity of treatment order2
399.Consequences of declaring treatment order in force to be invalid2
400.Application for declaration2
401.Parties to proceeding2
402.Failure to comply with this Act2
403.Discretion not to decide on validity of treatment order no longer in force2
Division 5 — Review of admission of long‑term voluntary inpatients
404.Application of this Division2
405.Application for review2
406.Parties to proceeding2
407.Things to which Tribunal must have regard2
408.What Tribunal may do on completing review2
Division 6 — Electroconvulsive therapy approvals
409.Application of this Division2
410.Application for approval2
411.Parties to proceeding2
412.Things Tribunal must be satisfied of2
413.Tribunal must have regard to Chief Psychiatrist’s guidelines2
414.Other things to which Tribunal must have regard2
415.Decision on application2
Division 7 — Psychosurgery approvals
416.Application of this Division2
417.Application for approval2
418.Parties to proceeding2
419.Things Tribunal must be satisfied of2
420.Things to which Tribunal must have regard2
421.Decision on application2
Division 8 — Compliance notices for non‑clinical matters
422.Terms used2
423.Tribunal may issue service provider with compliance notice2
424.Application for service of compliance notice2
425.Parties to proceeding2
426.Compliance notices to be reported on in annual report2
Division 9 — Review of orders restricting freedom of communication
427.Application for review2
428.Parties to proceeding2
429.Decision on application2
Division 10 — Jurisdiction in relation to nominated persons
430.Application for decision2
431.Declaration about validity of nomination2
432.Revocation of nomination2
433.Parties to proceeding2
Division 11 — Review of decisions affecting rights
434.Application for review2
435.Parties to proceeding2
436.What Tribunal may do on completing review2
Division 12 — Procedural matters
Subdivision 1 — Proceedings generally
437.Lodgment of documents2
438.Sittings2
439.Conduct of proceedings2
440.Presiding member2
441.Deciding questions in proceedings2
442.Assistance from persons with relevant knowledge or experience2
443.No fees payable2
444.Each party to bear own costs2
445.Frivolous, vexatious or improper proceedings2
Subdivision 2 — Notice of proceedings
446.Notice of applications2
447.Notice of hearings2
448.Tribunal may request information from SAT about person’s guardian2
Subdivision 3 — Appearance and representation
449.Party is an adult2
450.Party is a child with capacity to consent2
451.Party is a child with no capacity to consent2
452.Tribunal may make arrangements for representation2
453.Legal representation of person with mental illness2
454.Representative must not be paid2
Subdivision 4 — Hearings and evidence
455.Nature of review proceedings2
456.Closed hearings2
457.Conduct of hearing in absence of party2
458.Person chosen by person concerned may be present2
459.Right to be heard2
460.Evidence generally2
461.Oral evidence about restricted information2
462.Summons to give evidence or produce documents2
463.Self‑incrimination2
464.Powers in relation to documents produced2
465.Offences relating to evidence and documents2
466.Evidence and findings in other proceedings2
467.Hearings to be recorded2
468.Publication of information about proceedings2
Subdivision 5 — Decisions in proceedings
469.Reasons for decision2
470.Extension of time to request reasons2
471.Giving effect to Tribunal’s decisions2
Division 13 — Rules
472.Power to make2
473.Content2
474.Publication and tabling2
Division 14 — Tribunal members
475.President of Tribunal2
476.Other members2
477.Terms and conditions of appointment2
478.Remuneration2
479.Resignation2
480.Removal from office2
481.Acting members2
482.Delegation by President2
Division 15 — Registrar and other staff
483.Registrar2
484.Functions of registrar2
485.President may give registrar directions2
486.Registry staff2
487.Delegation by registrar2
Division 16 — Annual reports
488.Annual report: preparation2
489.Annual report: tabling2
Division 17 — Miscellaneous matters
490.Seal2
491.Judicial notice of certain matters2
492.Meetings of members2
Part 22 — Review by State Administrative Tribunal
Division 1 — Preliminary matters
493.Terms used2
Division 2 — Jurisdiction
494.Review of decisions of Mental Health Tribunal2
495.Determination of questions of law before Mental Health Tribunal2
Division 3 — Constitution
496.Constitution generally2
497.Constitution for psychosurgical matters2
498.Constitution for determining questions of law2
Division 4 — Procedural matters
499.No fees payable2
500.Appearance and representation2
501.Closed hearings2
502.Publication of information about proceedings2
Division 5 — Appeals to Supreme Court
503.Appeals against SAT’s decisions2
504.Grounds of appeal2
505.Time for appeal or leave to appeal2
506.Certain parties must be represented2
Part 23 — Administration
Division 1 — Preliminary matters
507.Term used: mental health service2
Division 2 — Chief Psychiatrist
Subdivision 1 — Appointment, terms and conditions
508.Appointment2
509.Terms and conditions of appointment2
510.Remuneration2
511.Resignation2
512.Removal from office2
513.Acting Chief Psychiatrist2
Subdivision 2 — Functions and powers generally
514.Functions generally2
515.Responsibility for treatment and care2
516.Directions by Minister2
517.Minister may request report about any matter2
518.CEO of Health Department may request report about treatment and care of patients2
519.Powers generally2
Subdivision 3 — Specific powers relating to treatment and care
520.Review of treatment2
521.Visits to mental health services2
522.Offence to interfere with visit to mental health service2
523.Directions to mental health services to disclose information2
Subdivision 4 — Notifiable incidents
524.Application of this Subdivision2
525.Term used: notifiable incident2
526.Reporting notifiable incidents2
527.Action that Chief Psychiatrist may take2
528.Notification of decision to take action2
529.Chief Psychiatrist’s powers of investigation2
530.Notification of outcome of investigation2
Subdivision 5 — Staff and facilities
531.Chief Psychiatrist’s staff2
532.Use of government staff and facilities2
Subdivision 6 — Annual reports
533.Annual report: preparation2
534.Annual report: tabling2
Subdivision 7 — Miscellaneous matters
535.Request for information about patient or person detained2
536.Request for list of mentally impaired accused2
537.Delegation by Chief Psychiatrist2
Division 3 — Mental health practitioners and authorised mental health practitioners
538.Mental health practitioners2
539.Authorised mental health practitioners2
540.Register of authorised mental health practitioners2
Division 4 — Authorised hospitals
541.Authorised hospital: meaning2
542.Authorisation of public hospitals2
543.Patients to be transferred if hospital no longer authorised2
Division 5 — Mental health services approved for electroconvulsive therapy
544.Chief Psychiatrist to approve mental health services2
Division 6 — Approved forms
545.Chief Psychiatrist to approve forms2
546.Publication of approved forms and related guidelines2
Division 7 — Guidelines and standards
547.Publication of guidelines and standards2
548.Application, adoption or incorporation of other documents2
549.Publication on Agency’s website2
Division 8 — Miscellaneous matters
550.Delegation by Minister or CEO2
Part 24 — Interstate arrangements
Division 1 — Preliminary matters
551.Terms used2
Division 2 — Intergovernmental agreements
552.Agreements with other States and Territories2
553.Agreement must be in place2
554.Performance of functions under corresponding laws or intergovernmental agreements2
Division 3 — Transfer to or from interstate mental health service
555.Transfer from hospital to interstate mental health service2
556.Making transport order2
557.Transfer from interstate mental health service to hospital2
558.Transport of interstate inpatient to hospital2
Division 4 — Community treatment orders
559.Treatment interstate under State order2
560.Making transport order2
561.Treatment in State under interstate order2
562.Supervision in State under interstate order2
Part 25 — Ministerial inquiries
563.Appointment of person to conduct inquiry2
564.Powers of investigation2
565.Interfering with investigation2
566.Conduct of inquiry generally2
567.Evidence generally2
568.Summons to give evidence or produce documents2
569.Self‑incrimination2
570.Powers in relation to documents produced2
571.Offences relating to evidence and documents2
Part 26 — Information
Division 1 — Voluntary disclosure of information by public authorities and mental health services
572.Powers of Agency’s CEO2
573.Powers of CEOs of prescribed State authorities2
574.Powers of CEOs of mental health services2
575.Delegation by CEO of prescribed State authority2
Division 2 — Miscellaneous matters
576.Confidentiality2
577.Authorised recording, disclosure or use of information2
578.Receipt and storage of, and access to, information disclosed2
Part 27 — Miscellaneous matters
579.Restrictions on powers of medical practitioners and mental health practitioners2
580.Obstructing or hindering person performing functions2
581.Amendment of referrals and orders2
582.Medical record to be kept by mental health services2
583.Protection from liability when performing functions2
584.Protection from liability when detaining person with mental illness2
585.Relationship with Freedom of Information Act 19922
586.Regulations2
587.Review of this Act after 5 years2
Schedule 1 — Charter of Mental Health Care Principles
Schedule 2 — Notifiable events
Defined terms
Western Australia
Mental Health Act 2014
An Act —
·to provide for the treatment, care, support and protection of people who have a mental illness; and
·to provide for the protection of the rights of people who have a mental illness; and
·to provide for the recognition of the role of carers and families in providing care and support to people who have a mental illness,
and for related purposes.
[Assented to 3 November 2014]
The Parliament of Western Australia enacts as follows:
This is the Mental Health Act 2014.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.
Division 1 — Definitions and notes
In this Act, unless the contrary intention appears —
admission, of a patient, means the admission of the patient by a mental health service, whether the patient is admitted as an inpatient or otherwise;
adult means a person who has reached 18 years of age;
advance health directive means any of the following —
(a)an advance health directive made under the GAA Act Part 9B;
(b)an instrument recognised as such under the GAA Act section 110ZA;
(c)a directive given by a patient under the common law containing treatment decisions in respect of the patient’s future treatment;
Agency means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister in administering this Act;
approved form means a form approved by the Chief Psychiatrist under section 545(1);
authorised hospital has the meaning given in section 541;
authorised mental health practitioner means an authorised mental health practitioner designated as such by an order in force under section 539;
bodily restraint has the meaning given in section 227;
carer, of a person, has the meaning given in section 280(1);
CEO means the chief executive officer of the Agency;
CEO of the Health Department means the chief executive officer of the Health Department;
Charter of Mental Health Care Principles means the Charter of Mental Health Care Principles in Schedule 1;
Chief Mental Health Advocate means the Chief Mental Health Advocate appointed under section 349;
Chief Psychiatrist means the Chief Psychiatrist appointed under section 508(1);
child means a person who is under 18 years of age;
child and adolescent psychiatrist means a psychiatrist who has qualifications and clinical training in the treatment of mental illness in children;
close family member, of a person, has the meaning given in section 281(1);
community mental health service means a service that conducts assessments or examinations for the purposes of this Act or provides treatment in the community, but does not include the private practice of a medical practitioner or other health professional;
community treatment order has the meaning given in section 23(1);
Director of the Complaints Office means the Director as defined in section 305;
discharge, of a patient, means the discharge of the patient by a mental health service, whether the patient was admitted as an inpatient or otherwise;
document has the meaning given in the Evidence Act 1906 section 79B;
electroconvulsive therapy has the meaning given in section 192;
emergency psychiatric treatment has the meaning given in section 202;
enduring guardian, of an adult, means the person’s enduring guardian as defined in the GAA Act section 3(1);
enduring power of guardianship means —
(a)an enduring power of guardianship made under the GAA Act Part 9A; or
(b)an instrument recognised as such under the GAA Act section 110O;
file, in relation to an order, record or other document relating to a patient or other person, means to put the order, record or other document on the patient’s or other person’s medical record;
GAA Act means the Guardianship and Administration Act 1990;
general hospital means a hospital (as defined in the Hospitals and Health Services Act 1927 section 2(1)) where overnight accommodation is provided to patients other than any of these hospitals —
(a)an authorised hospital;
(b)a maternity home;
(c)a nursing home;
guardian, of an adult, means the person’s guardian as defined in the GAA Act section 3(1);
Health Department means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Health Minister in the administration of the Health Legislation Administration Act 1984;
Health Minister means the Minister responsible for the administration of the Health Legislation Administration Act 1984;
health professional means —
(a)a medical practitioner; or
(b)a nurse; or
(c)an occupational therapist; or
(d)a psychologist; or
(e)a social worker; or
(f)in relation to a person who is of Aboriginal or Torres Strait Islander descent —
(i)a health professional listed in paragraphs (a) to (e); or
(ii)an Aboriginal or Torres Strait Islander mental health worker;
hospital means —
(a)an authorised hospital; or
(b)a general hospital;
informed consent, to the provision of treatment, means consent to the provision of the treatment given in accordance with Part 5 Division 2;
inpatient treatment order has the meaning given in section 22(1);
involuntary community patient means a person who is under a community treatment order;
involuntary inpatient means a person who is under an inpatient treatment order;
involuntary patient has the meaning given in section 21(1);
involuntary treatment order has the meaning given in section 21(2);
legal practitioner means an Australian legal practitioner as defined in the Legal Profession Act 2008 section 3;
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
mental health advocate means —
(a)the Chief Mental Health Advocate; or
(b)a mental health advocate engaged under section 350(1);
mental health practitioner has the meaning given in section 538;
mental health service —
(a)means any of these services —
(i)a hospital, but only to the extent that the hospital provides treatment or care to people who have or may have a mental illness;
(ii)a community mental health service;
(iii)any service, or any service in a class of service, prescribed by the regulations for this definition;
and
(b)does not include —
(i)a private psychiatric hostel; or
(ii)a declared place as defined in the MIA Act section 23;
Mental Health Tribunal means the Mental Health Tribunal established by section 380;
mental illness has the meaning given in section 6;
mentally impaired accused has the meaning given in the MIA Act section 23;
Mentally Impaired Accused Review Board means the Mentally Impaired Accused Review Board established by the MIA Act section 41;
metropolitan area means an area of the State prescribed by the regulations as a metropolitan area;
MIA Act means the Criminal Law (Mentally Impaired Accused) Act 1996;
Minister means the Minister responsible for the administration of this Act;
neurosurgeon means a person —
(a)whose name is contained in the register of specialist surgeons kept by the Medical Board of Australia under the Health Practitioner Regulation National Law (Western Australia) section 223; and
(b)who has clinical training in neurosurgery;
nominated person, of a person, means the person nominated under section 273(1) to be the person’s nominated person;
nomination means a nomination made under section 273(1);
nurse means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing and midwifery profession —
(a)whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse; or
(b)whose name is entered on Division 2 of the Register of Nurses kept under that Law as an enrolled nurse;
occupational therapist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the occupational therapy profession;
parent or guardian, of a child, means the person who has parental responsibility (as defined in the Family Court Act 1997 section 68) for the child;
patient means —
(a)an involuntary patient; or
(b)a mentally impaired accused required under the MIA Act to be detained at an authorised hospital; or
(c)a voluntary patient;
patient’s psychiatrist means —
(a)if the patient is a voluntary patient — the treating psychiatrist; or
(b)if the patient is an involuntary patient who is under an inpatient treatment order — the treating psychiatrist; or
(c)if the patient is an involuntary patient who is under a community treatment order — the supervising psychiatrist; or
(d)if the patient is a mentally impaired accused required under the MIA Act to be detained at an authorised hospital — the treating psychiatrist;
personal information has the meaning given in the Freedom of Information Act 1992 in the Glossary clause 1;
personal support person, of a person, means a person referred to in section 7(2)(b)(i), (ii), (iii), (iv) or (v);
private hospital has the meaning given in the Hospitals and Health Services Act 1927 section 2(1);
private psychiatric hostel has the meaning given in the Hospitals and Health Services Act 1927 section 26P;
psychiatrist means a medical practitioner —
(a)who is a fellow of the Royal Australian and New Zealand College of Psychiatrists; or
(b)who holds specialist registration under the Health Practitioner Regulation National Law (Western Australia) in the specialty of psychiatry; or
(c)who holds limited registration under the Health Practitioner Regulation National Law (Western Australia) that enables the medical practitioner to practise in the specialty of psychiatry;
psychologist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;
psychosurgery has the meaning given in section 205;
public hospital has the meaning given in the Hospitals and Health Services Act 1927 section 2(1);
registration board has the meaning given in the Health and Disability Services (Complaints) Act 1995 section 3(1);
remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1);
seclusion has the meaning given in section 212;
social worker means a person who is a member of, or is eligible for membership of, the Australian Association of Social Workers;
staff member, of a mental health service (however defined in this Act) or a private psychiatric hostel, means a person —
(a)who is employed in the mental health service or private psychiatric hostel under a contract of employment or contract of training; or
(b)who provides services to the mental health service or private psychiatric hostel under a contract for services;
supervising psychiatrist has the meaning given in section 113;
traditional healer, in relation to an Aboriginal or Torres Strait Islander community, means a person of Aboriginal or Torres Strait Islander descent who —
(a)uses traditional (including spiritual) methods of healing; and
(b)is recognised by the community as a traditional healer;
transport officer means a person, or a person in a class of person, authorised under section 147 to a carry out a transport order;
treating psychiatrist, in relation to a patient, means the psychiatrist who is in charge of the patient’s treatment;
treatment means the provision of a psychiatric, medical, psychological or psychosocial intervention intended (whether alone or in combination with one or more other therapeutic interventions) to alleviate or prevent the deterioration of a mental illness or a condition that is a consequence of a mental illness, and does not include bodily restraint, seclusion or sterilisation;
treatment decision, in relation to a person, means a decision to give consent, or to refuse to give consent, to treatment being provided to the person;
treatment in the community means treatment that can be provided to a patient without detaining the patient at a hospital under an inpatient treatment order;
treatment, support and discharge plan has the meaning given in section 186;
voluntary inpatient means a voluntary patient who is admitted by a mental health service as an inpatient;
voluntary patient means a person to whom treatment is being, or is proposed to be, provided by a mental health service but who is not —
(a)an involuntary patient; or
(b)a mentally impaired accused required under the MIA Act to be detained at an authorised hospital.
Note for the definition of voluntary patient:
A voluntary patient can also be —
(a)a person who is referred under section 26(2) or (3)(a) or 36(2) or is under an order made under section 55(1)(c) or 61(1)(c); or
(b)a mentally impaired accused who is released from an authorised hospital (whether unconditionally or on conditions) under a release order made under the MIA Act section 35.
5.Notes and examples not part of Act
A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act.
6.When a person has a mental illness
(1)A person has a mental illness if the person has a condition that —
(a)is characterised by a disturbance of thought, mood, volition, perception, orientation or memory; and
(b)significantly impairs (temporarily or permanently) the person’s judgment or behaviour.
(2)A person does not have a mental illness merely because one or more of these things apply —
(a)the person holds, or refuses or fails to hold, a particular religious, cultural, political or philosophical belief or opinion;
(b)the person engages in, or refuses or fails to engage in, a particular religious, cultural or political activity;
(c)the person is, or is not, a member of a particular religious, cultural or racial group;
(d)the person has, or does not have, a particular political, economic or social status;
(e)the person has a particular sexual preference or orientation;
(f)the person is sexually promiscuous;
(g)the person engages in indecent, immoral or illegal conduct;
(h)the person has an intellectual disability;
(i)the person uses alcohol or other drugs;
(j)the person is involved in, or has been involved in, personal or professional conflict;
(k)the person engages in anti‑social behaviour;
(l)the person has at any time been —
(i)provided with treatment; or
(ii)admitted by or detained at a hospital for the purpose of providing the person with treatment.
(3)Subsection (2)(i) does not prevent the serious or permanent physiological, biochemical or psychological effects of the use of alcohol or other drugs from being regarded as an indication that a person has a mental illness.
(4)A decision whether or not a person has a mental illness must be made in accordance with internationally accepted standards prescribed by the regulations for this subsection.
Division 3 — Best interests of a person
7.Matters relevant to decision about person’s best interests
(1)This section applies whenever a person or body is required under this Act to decide what is or is not in the best interests of a person.
(2)The person or body making the decision must have regard to these things —
(a)the person’s wishes, to the extent that it is practicable to ascertain those wishes;
(b)the views of each of these people —
(i)if the person has an enduring guardian or guardian — the enduring guardian or guardian;
(ii)if the person is a child — the child’s parent or guardian;
(iii)if the person has a nominated person — the nominated person;
(iv)if the person has a carer — the carer;
(v)if the person has a close family member — the close family member;
(c)any other matter that the person or body considers relevant to making the decision.
Division 4 — Wishes of a person
8.Matters relevant to ascertaining person’s wishes
(1)This section applies whenever a person or body is required under this Act to ascertain the wishes of a person in relation to a matter.
(2)For the purposes of ascertaining those wishes, the person or body must have regard to the following —
(a)any treatment decision in an advance health directive made by the person that is relevant to the matter;
(b)any term of an enduring power of guardianship made by the person that is relevant to the matter;
(c)anything that the person says or does that is relevant to the matter if it is said or done at a time that is reasonably contemporaneous with when those wishes are required to be ascertained;
(d)any other things that the person or body considers relevant to ascertaining those wishes.
Division 5 — Communicating with a person
9.Language, form of communication and terms to be used
(1)For this section, communication with a person includes the provision to a person of any advice, explanation, information, notification or reasons.
(2)Any communication with a person under this Act must be in a language, form of communication and terms that the person is likely to understand using any means of communication that is practicable and using an interpreter if necessary and practicable.
(1)The objects of this Act are as follows —
(a)to ensure people who have a mental illness are provided the best possible treatment and care —
(i)with the least possible restriction of their freedom; and
(ii)with the least possible interference with their rights; and
(iii)with respect for their dignity;
(b)to recognise the role of carers and families in the treatment, care and support of people who have a mental illness;
(c)to recognise and facilitate the involvement of people who have a mental illness, their nominated persons and their carers and families in the consideration of the options that are available for their treatment and care;
(d)to help minimise the effect of mental illness on family life;
(e)to ensure the protection of people who have or may have a mental illness;
(f)to ensure the protection of the community.
(2)A person or body performing a function under this Act must have regard to those objects.
Part 4 — Charter of Mental Health Care Principles
11.Regard to be had to Charter
A person or body performing a function under this Act must have regard to the principles set out in the Charter of Mental Health Care Principles.
12.Compliance with Charter by mental health services
(1)In this section —
mental health service includes a private psychiatric hostel.
(2)A mental health service must make every effort to comply with the Charter of Mental Health Care Principles when providing treatment, care and support to patients.
Part 5 — Decision making capacity and informed consent
Division 1 — Decision making capacity generally
13.Capacity of adult to make decisions
(1)For the purposes of this Act, an adult is presumed to have the capacity to make a decision about a matter relating to himself or herself unless the adult is shown not to have that capacity.
(2)For the purposes of this Act, if an adult does not have the capacity to make a decision about a matter relating to himself or herself, the person who is authorised by law to do so may make the decision on the adult’s behalf.
14.Capacity of child to make decisions
(1)For the purposes of this Act, a child is presumed not to have the capacity to make a decision about a matter relating to himself or herself unless the child is shown to have that capacity.
(2)For the purposes of this Act, if a child does not have the capacity to make a decision about a matter relating to himself or herself, the child’s parent or guardian may make the decision on the child’s behalf.
15.Determining capacity to make decisions
(1)For the purposes of this Act, a person has the capacity to make a decision about a matter relating to himself or herself if another person who is performing a function under this Act that requires that other person to determine that capacity is satisfied that the person has the capacity to —
(a)understand any information or advice about the decision that is required under this Act to be provided to the person; and
(b)understand the matters involved in the decision; and
(c)understand the effect of the decision; and
(d)weigh up the factors referred to in paragraphs (a), (b) and (c) for the purpose of making the decision; and
(e)communicate the decision in some way.
(2)For the purposes of this Act, a decision made by a person about a matter relating to himself or herself must be made freely and voluntarily.
Division 2 — Informed consent to treatment
16.Requirements for informed consent
(1)A person gives informed consent to the provision of treatment to a patient (whether he or she or another person is the patient) only if —
(a)the requirements of this Division in relation to making a treatment decision about the provision of the treatment are satisfied; and
(b)the consent is given freely and voluntarily.
(2)Failing to offer resistance does not by itself constitute giving consent.
17.People who can give informed consent
Informed consent to the provision of treatment to a patient can be given by —
(a)the patient; or
(b)if the patient does not have the capacity to make a treatment decision about the provision of the treatment to himself or herself — the person who is authorised by law to make the treatment decision on the patient’s behalf.
Notes for section 17:
1.An adult can give informed consent by making an advance health directive (see the GAA Act section 110ZJ(2)).
2.An adult’s enduring guardian or guardian, or the person responsible for an adult, can give informed consent on the adult’s behalf (see the GAA Act section 110ZJ(3) to (5)).
3.A child’s parent or guardian can give informed consent on the child’s behalf unless the child has the capacity to give informed consent (see section 302(3)).
18.Determining capacity to make treatment decision
A person has the capacity to make a treatment decision about the provision of treatment to a patient if another person who is performing a function under this Act that requires that other person to determine that capacity is satisfied that the person has the capacity to —
(a)understand the things that are required under section 19 to be communicated to the person about the treatment; and
(b)understand the matters involved in making the treatment decision; and
(c)understand the effect of the treatment decision; and
(d)weigh up the factors referred to in paragraphs (a), (b) and (c) for the purpose of making the treatment decision; and
(e)communicate the treatment decision in some way.
19.Explanation of proposed treatment must be given
(1)Before a person is asked to make a treatment decision about the provision of treatment to a patient, the person must be provided with a clear explanation of the treatment —
(a)containing sufficient information to enable the person to make a balanced judgment about the treatment; and
(b)identifying and explaining any alternative treatment about which there is insufficient knowledge to justify it being recommended or to enable its effect to be predicted reliably; and
(c)warning the person of any risks inherent in the treatment.
(2)The extent of the information required under subsection (1) to be provided to a person is limited to information that a reasonable person in the person’s position would be likely to consider significant to the treatment decision unless the person providing the information knows, or could reasonably have been expected to know, that the person is likely to consider other information to be significant to the treatment decision.
(3)Subsection (1) applies despite any privilege claimed by a person.
Note for section 19:
Any explanation provided under section 19(1) must be provided in accordance with section 9(2).
20.Sufficient time for consideration
A person cannot be asked to make a treatment decision about the provision of treatment to a patient unless the person is given —
(a)sufficient time to consider the matters involved in the treatment decision; and
(b)a reasonable opportunity to discuss those matters with the health professional who is proposing the provision of the treatment; and
(c)a reasonable opportunity to obtain any other advice or assistance in relation to the treatment decision that the person wishes.
Division 1 — When a person will be an involuntary patient
(1)An involuntary patient is a person who is under an involuntary treatment order.
(2)An involuntary treatment order is —
(a)an inpatient treatment order; or
(b)a community treatment order.
(1)An inpatient treatment order is an order in force under this Act under which a person can be admitted by a hospital, and detained there, to enable the person to be provided with treatment without informed consent being given to the provision of the treatment.
(2)An inpatient treatment order authorising a person’s detention at an authorised hospital may be made under section 55(1)(a), 56(1)(a)(i), 72(1)(a), 120(2)(a), 123(1)(a) or 131(2)(a).
(3)An inpatient treatment order authorising a person’s detention at a general hospital may be made under section 61(1)(a) or 131(2)(a).
(1)A community treatment order is an order in force under this Act under which a person can be provided with treatment in the community without informed consent being given to the provision of the treatment.
(2)A community treatment order may be made under section 55(1)(b), 56(1)(a)(ii), 61(1)(b), 72(1)(b), 75(1), 89(2)(b) or 90(1)(a).
24.Making involuntary treatment order
(1)Only a psychiatrist may make an involuntary treatment order.
(2)A psychiatrist cannot make an involuntary treatment order except in accordance with this Act.
(3)A psychiatrist cannot make an inpatient treatment order in respect of a person unless satisfied, having regard to the criteria specified in section 25(1), that the person is in need of an inpatient treatment order.
(4)Before deciding whether or not to make an inpatient treatment order in respect of a person, a psychiatrist must consider whether the objects of this Act would be better achieved by making a community treatment order in respect of the person.
(5)A psychiatrist cannot make a community treatment order in respect of a person unless satisfied, having regard to the criteria specified in section 25(2), that the person is in need of a community treatment order.
(6)An involuntary treatment order made in respect of a person must —
(a)be in force for as brief a period as practicable; and
(b)be reviewed regularly; and
(c)be revoked as soon as practicable after the person no longer meets the criteria for the order.
25.Criteria for involuntary treatment order
(1)A person is in need of an inpatient treatment order only if all of these criteria are satisfied —
(a)that the person has a mental illness for which the person is in need of treatment;
(b)that, because of the mental illness, there is —
(i)a significant risk to the health or safety of the person or to the safety of another person; or
(ii)a significant risk of serious harm to the person or to another person;
(c)that the person does not demonstrate the capacity required by section 18 to make a treatment decision about the provision of the treatment to himself or herself;
(d)that treatment in the community cannot reasonably be provided to the person;
(e)that the person cannot be adequately provided with treatment in a way that would involve less restriction on the person’s freedom of choice and movement than making an inpatient treatment order.
(2)A person is in need of a community treatment order only if all of these criteria are satisfied —
(a)that the person has a mental illness for which the person is in need of treatment;
(b)that, because of the mental illness, there is —
(i)a significant risk to the health or safety of the person or to the safety of another person; or
(ii)a significant risk of serious harm to the person or to another person; or
(iii)a significant risk of the person suffering serious physical or mental deterioration;
(c)that the person does not demonstrate the capacity required by section 18 to make a treatment decision about the provision of the treatment to himself or herself;
(d)that treatment in the community can reasonably be provided to the person;
(e)that the person cannot be adequately provided with treatment in a way that would involve less restriction on the person’s freedom of choice and movement than making a community treatment order.
(3)A decision whether or not a person is in need of an inpatient treatment order or a community treatment order must be made having regard to the guidelines published under section 547(1)(a) for that purpose.
Note for Division 1:
Part 21 Division 3 confers jurisdiction on the Mental Health Tribunal to conduct reviews relating to involuntary patients.
Division 2 — Referrals for examination
Subdivision 1 — Person suspected of needing involuntary treatment order
26.Referral for examination at authorised hospital or other place
(1)A medical practitioner or authorised mental health practitioner may refer a person under subsection (2) or (3)(a) for an examination conducted by a psychiatrist if, having regard to the criteria specified in section 25, the practitioner reasonably suspects that —
(a)the person is in need of an involuntary treatment order; or
(b)if the person is under a community treatment order — the person is in need of an inpatient treatment order.
(2)The practitioner may refer the person for an examination to be conducted by a psychiatrist at an authorised hospital.
(3)The practitioner —
(a)may refer the person for an examination to be conducted by a psychiatrist at a place that is not an authorised hospital if, in the practitioner’s opinion, it is an appropriate place to conduct the examination having regard to the guidelines published under section 547(1)(b) for that purpose; and
(b)if the practitioner refers the person under paragraph (a) — must make any arrangements that are necessary to enable the examination to be conducted at that place.
(4)Subdivision 3 applies in relation to the referral of a person under subsection (2) or (3)(a).
(5)Sections 27 to 30 apply in relation to a person who is referred under subsection (2) or (3)(a).
Notes for section 26:
1.A person who is referred under section 26(2) or (3)(a) can be detained under an order made under section 28(1) or (2) to enable the person to be taken to the authorised hospital or other place and can be detained there under section 52(1)(b) or 58(1)(b) to enable the person to be examined.
2.Part 7 Division 4 applies in relation to the release of a person who is detained under section 28(1) or (2), 52(1)(b) or 58(1)(b).
3.Part 7 Division 5 applies if a person who is detained under section 28(1) or (2), 52(1)(b) or 58(1)(b) is absent without leave from the authorised hospital or other place where the person is be detained.
27.Person to be taken to authorised hospital or other place as soon as practicable
The person must be taken to the authorised hospital or other place as soon as practicable and, in any event, before the referral expires, whether or not a transport order is made under section 29(1) in respect of the person.
28.Detention to enable person to be taken to authorised hospital or other place
(1)A medical practitioner or authorised mental health practitioner may make an order authorising the person’s detention for up to 24 hours from the time when the order is made if satisfied that the person needs to be detained to enable the person to be taken to the authorised hospital or other place.
(2)A medical practitioner or authorised mental health practitioner may, immediately before the end of the period of detention authorised under subsection (1) or any further period of detention authorised under this subsection in respect of the person, make an order authorising the continuation of the person’s detention for up to 24 hours from the end of that period to enable the person to be taken to the authorised hospital or other place.
(3)The person cannot be detained under orders made under this section for a continuous period of more than —
(a)if the place where the referral is made is in a metropolitan area — 72 hours; or
(b)if the place where the referral is made is outside a metropolitan area — 144 hours.
(4)A practitioner cannot make an order under subsection (2) in respect of the person unless —
(a)immediately before making the order, the practitioner assesses the person; and
(b)as a consequence, the practitioner is satisfied that the person still needs to be detained to enable the person to be taken to the authorised hospital or other place.
(5)Subdivision 4 applies in relation to an assessment required by subsection (4)(a).
(6)An order made under this section must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the date and time when it expires;
(c)the reasons for making it;
(d)the name, qualifications and signature of the practitioner making it.
(7)A practitioner who makes an order under this section in respect of the person must, as soon as practicable, file it and give a copy to the person.
(8)The making of an order under this section is an event to which Part 9 applies and the practitioner who makes the order is the person responsible under that Part for notification of that event.
(9)A practitioner who makes an order under this section in respect of the person must ensure that the person has the opportunity and the means to contact any carer, close family member or other personal support person of the person, a health professional who is currently providing the person with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after the order is made; and
(b)at all reasonable times while the person is detained under the order.
(10)The person cannot continue to be detained if, by the end of a period of detention authorised under this section in respect of the person —
(a)the person has not been taken to the authorised hospital or other place; and
(b)an order under subsection (2) authorising the continuation of the person’s detention from the end of the period has not been made or, because of subsection (3), cannot be made; and
(c)the person has not been apprehended under a transport order made under section 29(1).
(11)The person cannot continue to be detained if the referral expires before the person is taken to the authorised hospital or other place.
(12)The release of a person because of subsection (10) or (11) is an event to which Part 9 applies and a medical practitioner or authorised mental health practitioner is the person responsible under that Part for notification of that event.
(1)A medical practitioner or authorised mental health practitioner may make a transport order in respect of the person.
(2)The practitioner cannot make the transport order unless satisfied that —
(a)the person needs to be taken to the authorised hospital or other place; and
(b)no other safe means of taking the person is reasonably available.
(3)Part 10 applies in relation to the transport order.
(4)The making of a transport order under subsection (1) is an event to which Part 9 applies and the practitioner who makes the order is the person responsible under that Part for notification of that event.
30.Effect of referral on community treatment order
A community treatment order that is in force in respect of a person who is referred under section 26(2) or (3)(a) is suspended for the period —
(a)beginning when the referral is made; and
(b)ending when the first of these things occurs —
(i)a psychiatrist makes an order under section 55(1)(a) or (d), 56(1)(a)(i) or (iii), 61(1)(a) or (d) or 72(1)(a) or (c) in respect of the person;
(ii)the referral is revoked under section 31(1);
(iii)the person cannot continue to be detained because section 28(10) or (11), 52(4), 58(4) or 70(4) applies.
Notes for section 30:
1.A community treatment order that the patient is under is automatically revoked under section 116(b) if a psychiatrist makes an inpatient treatment order under section 55(1)(a), 56(1)(a)(i), 61(1)(a) or 72(1)(a) in respect of the involuntary community patient.
2.A community treatment order is no longer suspended if a psychiatrist makes an order under section 55(1)(d), 56(1)(a)(iii), 61(1)(d) or 72(1)(c) that the involuntary community patient cannot continue to be detained.
3.A community treatment order remains suspended until the period of the suspension ends under section 30(b), or until the community treatment order is revoked under section 120(2)(b) or 131(2)(b), if a psychiatrist makes an order under section 61(1)(c) in respect of the involuntary community patient.
(1)A medical practitioner or authorised mental health practitioner may make an order revoking a referral made under section 26(2) or (3)(a) if satisfied that the person who is referred is no longer in need of an involuntary treatment order.
(2)The practitioner cannot revoke the referral if it was made by another practitioner unless —
(a)the practitioner has consulted the other practitioner about whether or not to revoke the referral; or
(b)despite reasonable efforts to do so, the other practitioner could not be contacted.
(3)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for making it;
(c)if the other practitioner was consulted — a record of the consultation;
(d)if the other practitioner could not be contacted — a record of the efforts made to do so;
(e)the name, qualifications and signature of the practitioner.
(4)The practitioner must, as soon as practicable, file the order and give a copy to the person.
(5)The practitioner must, as soon as practicable —
(a)advise the transport officer or police officer responsible for carrying out any transport order made under section 29(1) in respect of the person that the referral has been revoked under subsection (1) and that therefore the transport order has been revoked under section 153; and
(b)file a record of that advice.
(6)The person cannot continue to be detained if the referral is revoked under subsection (1).
(7)The release of a person because of subsection (6) is an event to which Part 9 applies and the practitioner who revokes the referral is the person responsible under that Part for notification of that event.
Subdivision 2 — Voluntary inpatient admitted by authorised hospital
32.Application of this Subdivision
This Subdivision applies in relation to a voluntary inpatient who is admitted by an authorised hospital.
33.Effect of admission on community treatment order
Any community treatment order in force in respect of the voluntary inpatient is suspended for the period —
(a)beginning when the voluntary inpatient is admitted as an inpatient by the authorised hospital; and
(b)ending when the first of these things occurs —
(i)a psychiatrist makes an order under section 55(1)(a) or 56(1)(a)(i);
(ii)the voluntary inpatient is discharged as an inpatient by the authorised hospital.
Notes for section 33:
1.A community treatment order is automatically revoked under section 116(b) if a psychiatrist makes an inpatient treatment order under section 55(1)(a) or 56(1)(a)(i) in respect of the voluntary inpatient.
2.A community treatment order can be revoked under section 120(2)(b) or 131(2)(b).
34.Person in charge of ward may order assessment
(1)The person in charge of the voluntary inpatient’s ward may make an order for an assessment of the voluntary inpatient by a medical practitioner or authorised mental health practitioner at the authorised hospital if —
(a)the voluntary inpatient wants to leave the authorised hospital against medical advice; and
(b)having regard to the criteria specified in section 25, the person in charge reasonably suspects that the voluntary inpatient is in need of an involuntary treatment order.
(2)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for making it;
(c)the name, qualifications and signature of the person in charge.
(3)The voluntary inpatient can be detained under the order at the authorised hospital for up to 6 hours from the time when the order was made to enable the assessment to be conducted.
(4)The person in charge of the voluntary inpatient’s ward must, as soon as practicable, file the order and give a copy to the voluntary patient.
(5)The person in charge of the voluntary inpatient’s ward must ensure that the inpatient has the opportunity and the means to contact any carer, close family member or other personal support person of the inpatient, a health professional who is currently providing the inpatient with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after the order is made; and
(b)at all reasonable times while the voluntary inpatient is detained under the order.
(6)Subdivision 4 applies in relation to an assessment ordered under subsection (1).
(7)The voluntary inpatient cannot continue to be detained if, by the end of the 6‑hour period referred to in subsection (3) —
(a)the assessment has not been completed; or
(b)the assessment has been completed but a referral has not been made under section 36(2) in respect of the voluntary inpatient.
35.Revoking order for assessment
(1)The person who makes an order under section 34(1) for an assessment of a voluntary inpatient may, at any time before the assessment is commenced, make an order revoking the order for an assessment if satisfied that the patient is no longer in need of an involuntary treatment order.
(2)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for making it;
(c)the name, qualifications and signature of the person.
(3)The person who makes the order must, as soon as practicable, file it and give a copy to the voluntary patient.
(4)The voluntary inpatient cannot continue to be detained if the order for an assessment is revoked under subsection (1).
36.Referral for examination at authorised hospital
(1)This section applies if the voluntary inpatient is assessed by a medical practitioner or authorised mental health practitioner —
(a)because of an order made under section 34(1); or
(b)in the course of the voluntary inpatient’s treatment while admitted by the authorised hospital.
(2)The practitioner may refer the voluntary inpatient for an examination to be conducted by a psychiatrist at the authorised hospital if, having regard to the criteria specified in section 25, the practitioner reasonably suspects that the inpatient is in need of an involuntary treatment order.
(3)Subdivision 3 applies in relation to the referral of a voluntary inpatient under subsection (2).
Notes for section 36:
1.A voluntary patient who is referred under section 36(2) can be detained at the authorised hospital under section 53(1) to enable the voluntary patient to be examined.
2.Part 7 Division 4 applies in relation to the release of a voluntary patient who is detained under section 53(1).
3.Part 7 Division 5 applies if a voluntary patient who is detained under section 53(1) is absent without leave from the authorised hospital where the voluntary patient is detained.
(1)A medical practitioner or authorised mental health practitioner may make an order revoking a referral made under section 36(2) if satisfied that the voluntary inpatient who is referred is no longer in need of an involuntary treatment order.
(2)The practitioner cannot revoke the referral if it was made by another practitioner unless —
(a)the practitioner has consulted the other practitioner about whether or not to revoke the referral; or
(b)despite reasonable efforts to do so, the other practitioner could not be contacted.
(3)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for the revocation;
(c)if the other practitioner was consulted — a record of the consultation;
(d)if the other practitioner could not be contacted — a record of the efforts made to do so;
(e)the name, qualifications and signature of the practitioner making it.
(4)The practitioner must, as soon as practicable, file the order and give a copy to the voluntary patient.
(5)The voluntary inpatient cannot continue to be detained if the referral is revoked under subsection (1).
Subdivision 3 — Requirements for referral
38.Application of this Subdivision
This Subdivision applies in relation to the referral of a person for an examination conducted by a psychiatrist that is made by a medical practitioner or authorised mental health practitioner under section 26(2) or (3)(a) or 36(2).
39.No referral without assessment
(1)A practitioner cannot refer a person unless the practitioner has assessed the person.
(2)Subdivision 4 applies in relation to an assessment required by subsection (1).
40.Time limit for making referral
(1)A referral cannot be made under section 26(2) or (3)(a) more than 48 hours after the time when the assessment required by section 39(1) is completed.
(2)A referral can only be made under section 36(2) immediately after the time when the assessment required by section 39(1) is completed.
A referral must be in the approved form and must —
(a)include the following —
(i)the date and time when it is made;
(ii)the date and time when it will expire;
(iii)the place where it is made;
(iv)whether or not it can be extended under section 45 and, if it can, the process for extending it;
(v)the place where the examination will be conducted;
(vi)the date and time when the assessment required by section 39(1) was completed;
and
(b)certify that, having regard to the criteria specified in section 25, the practitioner making it reasonably suspects that the person who is referred is in need of an involuntary treatment order; and
(c)include the information on which the suspicion is based; and
(d)in respect of so much of that information as was obtained during the assessment by the practitioner making the referral, distinguish between —
(i)the information obtained from the person who is referred, including by observing the person and asking the person questions; and
(ii)the information obtained from another person or from the person’s medical record;
and
(e)include the name, qualifications and signature of the practitioner making the referral.
42.Providing information contained in referral to person referred
(1)The practitioner must provide the person who is referred with the information referred to in section 41(a) and (b) and, unless subsection (2) applies, the information referred to in section 41(c).
(2)The practitioner cannot provide the person who is referred any information referred to in section 41(c) that was provided to the practitioner by someone other than the person on condition that the information not be provided to the person.
(3)The information provided under subsection (1) must be in the approved form.
43.Copy of referral must be filed
The practitioner must file a copy of the referral.
44.Period of referral made under s. 26(2) or (3)(a)
A referral made under section 26(2) or (3)(a) remains in force for 72 hours from the time when the referral was made unless the referral is extended under section 45.
45.Extending referral made outside metropolitan area
(1)This section applies if —
(a)the place where a referral is made under section 26(2) or (3)(a) is outside a metropolitan area; and
(b)the person responsible for taking the person who is referred to the place where the examination will be conducted forms the opinion that the referral is likely to expire before the person is received into the hospital or other place.
(2)The person responsible —
(a)may orally request an extension of the referral from —
(i)the medical practitioner or authorised mental health practitioner who made the referral; or
(ii)if the practitioner referred to in subparagraph (i) is not reasonably available — another medical practitioner or authorised mental health practitioner who is at the same place as the practitioner referred to in subparagraph (i); or
(iii)if neither the practitioner referred to in subparagraph (i) nor a practitioner referred to in subparagraph (ii) is reasonably available — another medical practitioner or authorised mental health practitioner;
or
(b)may extend the referral himself or herself if —
(i)there is no medical practitioner or authorised mental health practitioner reasonably available to whom an application could be made under paragraph (a); and
(ii)the person responsible is a medical practitioner or authorised mental health practitioner.
(3)The practitioner or person responsible may extend the referral if satisfied that the referral is likely to expire before the person is received into the authorised hospital or other place.
(4)The referral may be extended for a further period of 72 hours from the time when the 72‑hour period referred to in section 44 ends.
(5)The person who extends the referral must, as soon as practicable —
(a)record the extension in the approved form, specifying the following —
(i)the date and time when the referral was extended;
(ii)the date and time when, because of the extension, the referral will expire;
(iii)the reasons for the extension;
and
(b)file the record and give a copy to the person who is referred.
(6)The referral cannot be extended more than once.
46.Changing place where examination will be conducted
(1)A medical practitioner or authorised mental health practitioner may make an order changing the place specified in a referral made under section 26(2) or (3)(a) as the place where the examination will be conducted.
(2)The practitioner cannot change the place specified in the referral unless the practitioner has consulted a medical practitioner or authorised mental health practitioner at the place where, if the change is made, the examination will be conducted.
(3)The practitioner must, as soon as practicable —
(a)advise the person responsible for taking the person who is referred to the place where the examination will be conducted of the change; and
(b)record the change in the approved form, specifying —
(i)the date and time when the change was made; and
(ii)the place where the examination was to have been conducted; and
(iii)the place where, because of the change, the examination will be conducted;
and
(c)file the record and give a copy to the person who is referred.
(4)If, because of the change, the examination will be conducted at an authorised hospital instead of a place that is not an authorised hospital, this Act applies as if the referral had been made under section 26(2) instead of section 26(3)(a).
(5)If, because of the change, the examination will be conducted at a place that is not an authorised hospital instead of an authorised hospital, this Act applies as if the referral had been made under section 26(3)(a) instead of section 26(2).
Subdivision 4 — Conduct of assessment
47.Application of this Subdivision
This Subdivision applies in relation to the conduct of an assessment by a medical practitioner or authorised mental health practitioner that is required by, or has been ordered under, section 28(4)(a), 34(1), 39(1) or 62(4)(a).
48.How assessment must be conducted
(1)The assessment must be conducted in the least restrictive way, and the least restrictive environment, practicable.
(2)Unless subsection (3) applies, the practitioner and the person being assessed —
(a)must be in one another’s physical presence; or
(b)if that is not practicable — must be able to hear one another without using a communication device (for example, by being able to hear one another through a door).
(3)The practitioner may conduct the assessment using audiovisual communication if —
(a)the person being assessed is outside a metropolitan area; and
(b)it is not practicable for the practitioner to comply with subsection (2)(a) or (b); and
(c)a health professional and the person being assessed —
(i)are in one another’s physical presence; or
(ii)if that is not practicable — are able to hear one another without using a communication device (for example, by being able to hear one another through a door).
(4)For the purposes of this Act, an assessment conducted using audiovisual communication is taken to be conducted, and any referral made as a result is taken to be made, at the place where the person assessed is when the assessment is conducted.
49.Information to which practitioner may have regard
(1)The practitioner may have regard to any information about the person being assessed that is obtained by the practitioner —
(a)from —
(i)the person, including information obtained by observing the person and asking the person questions; or
(ii)any other person;
and
(b)from the person’s medical record.
(2)The practitioner cannot conclude that there is a reasonable suspicion that the person being assessed is in need of an involuntary treatment order solely on the basis of information referred to in either or both of subsection (1)(a)(ii) and (b).
50.Assessment of person of Aboriginal or Torres Strait Islander descent
To the extent that it is practicable and appropriate to do so, the assessment of a person who is of Aboriginal or Torres Strait Islander descent must be conducted in collaboration with —
(a)Aboriginal or Torres Strait Islander mental health workers; and
(b)significant members of the person’s community, including elders and traditional healers.
Subdivision 1 — Examination at authorised hospital
51.Application of this Subdivision
This Subdivision applies in relation to a person who is referred under section 26(2) or 36(2) for an examination to be conducted by a psychiatrist at an authorised hospital.
52.Detention for examination on referral made under s. 26(2)
(1)A person who is referred under section 26(2) —
(a)must be received into the authorised hospital unless subsection (2) applies; and
(b)can be detained there, to enable the examination to be conducted, for up to 24 hours from the time when the person is received.
(2)The person cannot be received into the authorised hospital if the referral has expired.
(3)The person in charge of the authorised hospital must ensure that the person has the opportunity and the means to contact any carer, close family member or other personal support person of the person, a health professional who is currently providing the person with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after the person is received into the authorised hospital; and
(b)at all reasonable times while the person is detained there under subsection (1)(b).
(4)The person cannot continue to be detained if, by the end of the 24‑hour period referred to in subsection (1)(b) —
(a)the examination has not been completed; or
(b)the examination has been completed but an order has not been made under section 55(1) in respect of the person.
(5)Reception at an authorised hospital under this section is not admission by the hospital under this Act.
53.Detention for examination on referral made under s. 36(2)
(1)A person who is referred under section 36(2) can be detained at the authorised hospital, to enable the examination to be conducted, for up to 24 hours from the time when —
(a)if section 36(1)(a) applies — the order for the assessment of the person was made under section 34(1); or
(b)if section 36(1)(b) applies — the person was referred under section 36(2).
(2)The person in charge of the authorised hospital must ensure that the person has the opportunity and the means to contact any carer, close family member or other personal support person of the person, a health professional who is currently providing the person with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after the person is detained under subsection (1) at the authorised hospital; and
(b)at all reasonable times while the person is detained there under subsection (1).
(3)The person cannot continue to be detained if, by the end of the 24‑hour period referred to in subsection (1)(a) or (b) —
(a)the examination has not been completed; or
(b)the examination has been completed but an order has not been made under section 55(1) in respect of the person.
Subdivision 6 applies in relation to the conduct of the examination referred to in section 52(1)(b) or 53(1).
55.What psychiatrist must do on completing examination
(1)On completing the examination referred to in section 52(1)(b) or 53(1), the psychiatrist must make one of these orders —
(a)an inpatient treatment order authorising the person’s detention at the authorised hospital for the period specified in the order in accordance with section 87(a) or (b);
(b)a community treatment order in respect of the person;
(c)an order authorising the continuation of the person’s detention at the authorised hospital to enable a further examination to be conducted by a psychiatrist;
(d)an order that the person cannot continue to be detained.
(2)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (1)(a), (b) or (c) — the reasons for making it;
(c)the name, qualifications and signature of the psychiatrist.
(3)The person can continue to be detained at the authorised hospital under an order made under subsection (1)(c) for the period specified in the order, which cannot exceed 72 hours from the time when the person was —
(a)received into the authorised hospital under section 52(1)(a); or
(b)detained at the authorised hospital under section 53(1).
(4)An order made under subsection (1)(c) cannot be extended.
(5)The psychiatrist must, as soon as practicable, file the order made under subsection (1) and give a copy to the person.
(6)The making of an order under subsection (1) is an event to which Part 9 applies and the person in charge of the authorised hospital is the person responsible under that Part for notification of that event.
Notes for section 55:
1.A community treatment order in respect of an involuntary community patient who is referred under section 26(2) or 36(2) is automatically revoked under section 116(b) if a psychiatrist makes an inpatient treatment order under section 55(1)(a) in respect of the involuntary community patient.
2.Part 7 Division 4 applies in relation to the release of a person who is detained at an authorised hospital under an order made under section 55(1)(c).
3.Part 7 Division 5 applies if a person who is under an order made under section 55(1)(c) is absent without leave from the authorised hospital where the person can be detained under the order.
4.A community treatment order in respect of an involuntary community patient who is referred under section 26(2) is no longer suspended if a psychiatrist makes an order under section 55(1)(d) that the involuntary community patient cannot continue to be detained (see section 30(b)(i)).
56.Effect of order for continuation of detention
(1)An order made under section 55(1)(c) authorises the continuation of the person’s detention until the first of these things occurs —
(a)a psychiatrist conducts the further examination and makes one of these orders —
(i)an inpatient treatment order authorising the person’s detention at the authorised hospital for the period specified in the order in accordance with section 87(a) or (b);
(ii)a community treatment order in respect of the person;
(iii)an order that the person cannot continue to be detained;
(b)the expiry of the period specified in the order under section 55(3).
(2)An order made under subsection (1)(a) must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (1)(a)(i) or (ii) — the reasons for making it;
(c)the name, qualifications and signature of the psychiatrist making it.
(3)A psychiatrist who makes an order under subsection (1)(a) must, as soon as practicable, file it and give a copy to the person.
Notes for section 56:
1.A community treatment order in respect of an involuntary community patient who is referred under section 26(2) or 36(2) is automatically revoked under section 116(b) if a psychiatrist makes an inpatient treatment order under section 56(1)(a)(i) in respect of the involuntary community patient.
2.A community treatment order in respect of an involuntary community patient who is referred under section 26(2) is no longer suspended if a psychiatrist makes an order under section 56(1)(a)(iii) that the involuntary community patient cannot continue to be detained (see section 30(b)(i)).
Subdivision 2 — Examination at place that is not authorised hospital
57.Application of this Subdivision
This Subdivision applies in relation to a person who is referred under section 26(3)(a) for an examination to be conducted by a psychiatrist at a place that is not an authorised hospital.
(1)The person —
(a)must be received into the place unless subsection (2) applies; and
(b)can be detained there, to enable the examination to be conducted, for up to 24 hours from the time when the person is received.
(2)The person cannot be received into the place if the referral has expired.
(3)The person in charge of the place must ensure that the person has the opportunity and the means to contact any carer, close family member or other personal support person of the person, a health professional who is currently providing the person with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after the person is received into the place; and
(b)at all reasonable times while the person is detained there under subsection (1)(b).
(4)The person cannot continue to be detained if, by the end of the 24‑hour period referred to in subsection (1)(b) —
(a)either —
(i)the examination has not been completed; or
(ii)the examination has been completed but an order has not been made under section 61(1) in respect of the person;
and
(b)if the place is outside a metropolitan area — an order authorising the continuation of the person’s detention from the end of that period has not been made under section 59(2).
59.Detention at place outside metropolitan area
(1)This section applies if —
(a)the person is referred for an examination at a place that is outside a metropolitan area; and
(b)it is not practicable to complete the examination within the 24‑hour period referred to in section 58(1)(b).
(2)A medical practitioner or authorised mental health practitioner at the place may make an order authorising the continuation of the person’s detention at the place, to enable the examination to be completed, for up to an additional 48 hours from the end of the 24‑hour period.
(3)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the date and time when it expires;
(c)the reasons for the continuation;
(d)the name, qualifications and signature of the practitioner making it.
(4)The practitioner who makes the order must, as soon as practicable, file it and give a copy to the person.
(5)The practitioner who makes the order must ensure that the person has the opportunity and the means to contact any carer, close family member or other personal support person of the person, a health professional who is currently providing the person with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after the order is made; and
(b)at all reasonable times while the person is detained under the order.
(6)The person cannot continue to be detained if, by the end of the additional 48‑hour period —
(a)the examination has not been completed; or
(b)the examination has been completed but an order has not been made under section 61(1) in respect of the person.
Subdivision 6 applies in relation to the conduct of the examination.
61.What psychiatrist must do on completing examination
(1)On completing the examination, the psychiatrist must make one of these orders —
(a)an inpatient treatment order authorising the person’s detention at the general hospital specified in the order for the period specified in the order in accordance with section 87(a) or (b);
(b)a community treatment order in respect of the person;
(c)an order authorising the person’s reception at an authorised hospital, and the person’s detention there, to enable an examination to be conducted by a psychiatrist;
(d)an order that the person cannot continue to be detained.
(2)However, the psychiatrist cannot make an order under subsection (1)(a) unless —
(a)satisfied that attempting to take the person to, or to detain the person at, an authorised hospital poses a significant risk to the person’s physical health; and
(b)the Chief Psychiatrist consents to the order being made.
(3)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (1)(a), (b) or (c) — the reasons for making it;
(c)the name, qualifications and signature of the psychiatrist.
(4)The psychiatrist must, as soon as practicable, file the order and give a copy to the person.
(5)The making of an order under subsection (1) is an event to which Part 9 applies and the psychiatrist who makes the order is the person responsible under that Part for notification of that event.
Notes for section 61:
1.A community treatment order in respect of a person who is referred under section 26(3)(a) is automatically revoked under section 116(b) if a psychiatrist makes an inpatient treatment order under section 61(1)(a) in respect of the involuntary community patient.
2.Part 7 Division 4 applies in relation to the release of a person who is detained at an authorised hospital under an order made under section 61(1)(c).
3.Part 7 Division 5 applies if a person who is under an order made under section 61(1)(c) is absent without leave from the authorised hospital where the person can be detained under the order.
4.A community treatment order in respect of a person who is referred under section 26(3)(a) is no longer suspended if a psychiatrist makes an order under section 61(1)(d) that the involuntary community patient cannot continue to be detained (see section 30(b)(i)).
62.Detention to enable person to be taken to hospital
(1)A medical practitioner or authorised mental health practitioner may make an order authorising the continuation of the person’s detention for up to 24 hours from the time when the order under section 61(1)(a) or (c) is made if satisfied that the person needs to be detained to enable the person to be taken to the hospital.
(2)A medical practitioner or authorised mental health practitioner may, immediately before the end of the period of detention authorised under subsection (1) or any further period of detention authorised under this subsection in respect of the person, make an order authorising the continuation of the person’s detention for up to 24 hours from the end of that period to enable the person to be taken to the hospital.
(3)A person cannot be detained under orders made under this section for a continuous period of more than 72 hours.
(4)A medical practitioner or authorised mental health practitioner cannot make an order under subsection (2) in respect of the person unless —
(a)immediately before making the order, the practitioner assesses the person; and
(b)as a consequence, the practitioner is satisfied that the person still needs to be detained to enable the person to be taken to the hospital.
(5)Division 2 Subdivision 4 applies in relation to the conduct of an assessment required by subsection (4)(a).
(6)An order made under this section must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the date and time when it expires;
(c)the reasons for the continuation;
(d)the name, qualifications and signature of the practitioner making it.
(7)A practitioner who makes an order under this section in respect of a person must, as soon as practicable, file it and give a copy to the person.
(8)A practitioner who makes an order under this section in respect of a person must ensure that the person has the opportunity and the means to contact any carer, close family member or other personal support person of the person, a health professional who is currently providing the person with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after it is made; and
(b)at all reasonable times while the person is detained under it.
(9)The person cannot continue to be detained if, by the end of a period of detention authorised under this section in respect of the person —
(a)the person has not been taken to the hospital; and
(b)the person has not been apprehended under a transport order made under section 63(1); and
(c)an order under subsection (2) authorising the continuation of the person’s detention from the end of that period has not been made or, because of subsection (3), cannot be made.
(1)A psychiatrist may make a transport order in respect of a person who is under an order made under section 61(1)(a) or (c).
(2)The psychiatrist cannot make the transport order unless satisfied that —
(a)the person needs to be taken to the hospital specified in the order made under section 61(1)(a) or (c); and
(b)no other safe means of taking the person is reasonably available.
(3)Part 10 applies in relation to the transport order.
Subdivision 3 — Inpatient treatment order authorising detention at general hospital
64.Application of this Subdivision
This Subdivision applies in relation to an involuntary inpatient under an inpatient treatment order made under section 61(1)(a) or 131(2)(a) authorising the involuntary inpatient’s detention at a general hospital.
65.Treating psychiatrist must report regularly to Chief Psychiatrist
(1)At the end of each successive 7-day period that the involuntary inpatient is detained at the general hospital, the treating psychiatrist must report to the Chief Psychiatrist about these matters —
(a)the involuntary inpatient’s mental and physical condition;
(b)any treatment (as defined in section 4) being provided to the involuntary inpatient at the general hospital;
(c)any other medical or surgical treatment being provided to the involuntary inpatient at the general hospital.
(2)The report must be in the approved form.
66.Transfer from general hospital to authorised hospital
(1)Once the treating psychiatrist is satisfied that attempting to take the involuntary inpatient to, or to detain the involuntary inpatient at, an authorised hospital no longer poses a significant risk to the inpatient’s physical health, then as soon as practicable, the treating psychiatrist must make an order (a transfer order) authorising the inpatient’s transfer to the authorised hospital specified in the order.
(2)In deciding whether or not there is still a significant risk to the involuntary inpatient’s physical health, the treating psychiatrist may consult with any other medical practitioner or health care provider who is responsible for any medical or surgical treatment being provided to the inpatient.
(3)The transfer order must be in the approved form and must include the following —
(a)the involuntary inpatient’s name;
(b)the general hospital from which the involuntary inpatient is to be transferred;
(c)the authorised hospital to which the involuntary inpatient is to be transferred;
(d)the date and time when the order is made;
(e)the reasons for the transfer;
(f)the name, qualifications and signature of the treating psychiatrist.
(4)The treating psychiatrist must, as soon as practicable, file the transfer order and give a copy to the involuntary patient.
(5)The making of a transfer order under subsection (1) is an event to which Part 9 applies and the treating psychiatrist is the person responsible under that Part for notification of that event.
(1)A psychiatrist may make a transport order in respect of an inpatient who is under a transfer order made under section 66(1).
(2)The psychiatrist cannot make the transport order unless satisfied that no other safe means of taking the involuntary inpatient to the authorised hospital is reasonably available.
(3)Part 10 applies in relation to the transport order.
68.Confirmation of inpatient treatment order
(1)This section applies if —
(a)the psychiatrist who conducted the examination for the purpose of making the inpatient treatment order and the involuntary inpatient were not in one another’s physical presence when that examination was conducted; and
(b)since that examination was conducted, there has been no further examination of the involuntary inpatient conducted by a psychiatrist during which the psychiatrist and the inpatient were in one another’s physical presence.
(2)Within 24 hours after the involuntary inpatient is admitted by the authorised hospital in accordance with the transfer order, the inpatient treatment order must be confirmed by a psychiatrist at the authorised hospital.
(3)The psychiatrist cannot confirm the inpatient treatment order without examining the involuntary inpatient.
(4)Subdivision 6 applies in relation to the conduct of the examination.
(5)The confirmation must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for the confirmation;
(c)the name, qualifications and signature of the psychiatrist.
(6)The inpatient treatment order ceases to be in force if it is not confirmed in accordance with subsection (2).
(7)The release of a person because of subsection (6) is an event to which Part 9 applies and the person in charge of the authorised hospital is the person responsible under that Part for notification of that event.
Subdivision 4 — Order for further examination at authorised hospital
69.Application of this Subdivision
This Subdivision applies in relation to a person who is under an order made under section 61(1)(c) that the person be received into an authorised hospital, and detained there, to enable an examination to be conducted by a psychiatrist.
70.Detention at authorised hospital
(1)The person —
(a)must be received into the authorised hospital unless subsection (2) applies; and
(b)can be detained there, to enable the examination to be conducted, for up to 24 hours from the time when the person is received.
(2)The person cannot be received into the authorised hospital more than 72 hours after the time when the order under section 61(1)(c) is made.
(3)The person in charge of the authorised hospital must ensure that the person has the opportunity and the means to contact any carer, close family member or other personal support person of the person, a health professional who is currently providing the person with treatment and the Chief Mental Health Advocate —
(a)as soon as practicable after the person is received into the authorised hospital; and
(b)at all reasonable times while the person is detained there under subsection (1)(b).
(4)The person cannot continue to be detained if, by the end of the 24‑hour period referred to in subsection (1)(b) —
(a)the examination has not been completed; or
(b)the examination has been completed but an order has not been made under section 72(1) in respect of the person.
(5)Reception at an authorised hospital under this section is not admission by the hospital under this Act.
71.Conducting examination at authorised hospital
Subdivision 6 applies in relation to the conduct of the examination.
72.What psychiatrist must do on completing examination
(1)On completing the examination, the psychiatrist must make one of these orders —
(a)an inpatient treatment order authorising the person’s detention at the authorised hospital for the period specified in the order in accordance with section 87(a) or (b);
(b)a community treatment order in respect of the person;
(c)an order that the person cannot continue to be detained.
(2)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (1)(a) or (b) — the reasons for making it;
(c)the name, qualifications and signature of the psychiatrist.
(3)The psychiatrist must, as soon as practicable, file the order and give a copy to the person.
Notes for section 72:
1.A community treatment order is automatically revoked under section 116(b) if a psychiatrist makes an inpatient treatment order under section 72(1)(a) in respect of the involuntary community patient.
2.A community treatment order is no longer suspended if a psychiatrist makes an order under section 72(1)(c) that the involuntary community patient cannot continue to be detained.
Subdivision 5 — Examination without referral
73.Application of this Subdivision
This Subdivision applies if a person is examined by a psychiatrist in circumstances other than —
(a)because of a referral made under section 26(2) or (3)(a) or 36(2); or
(b)because of an order made under section 55(1)(c) or 61(1)(c); or
(c)under section 89(1) or 131(3) or (5)(a).
Subdivision 6 applies in relation to the conduct of the examination.
75.What psychiatrist may do on completing examination
(1)On completing the examination, the psychiatrist may make a community treatment order in respect of the person.
(2)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for making it;
(c)the name, qualifications and signature of the psychiatrist.
(3)The psychiatrist must, as soon as practicable, file the order and give a copy to the person.
76.Confirmation of community treatment order
(1)Within 72 hours after the time when the community treatment order is made, it must be confirmed by —
(a)another psychiatrist; or
(b)if another psychiatrist is not reasonably available —
(i)another medical practitioner; or
(ii)an authorised mental health practitioner.
(2)The confirmation must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for the confirmation;
(c)the name, qualifications and signature of the practitioner confirming the community treatment order.
(3)The supervising psychiatrist —
(a)must inform the person about whether or not the order has been confirmed; and
(b)if it has been confirmed — file the confirmation and give a copy to the person.
(4)The order ceases to be in force if it is not confirmed in accordance with subsection (1).
Subdivision 6 — Conduct of examination
77.Application of this Subdivision
This Subdivision applies in relation to an examination conducted in any of these circumstances —
(a)by a psychiatrist because of a referral made under section 26(2) or (3)(a) or 36(2);
(b)by a psychiatrist because of an order made under section 55(1)(c) or 61(1)(c) for the detention of a person at an authorised hospital to enable the person to be examined;
(c)by a psychiatrist for the purpose of confirming an inpatient treatment order, as required by section 68(3) or 124(3);
(d)by a psychiatrist in circumstances in which Subdivision 5 applies;
(e)by a supervising psychiatrist before the review period for a community treatment order ends, as required by section 118(2)(a);
(f)by a medical practitioner or authorised mental health practitioner before the review period for a community treatment order ends, as required by section 118(2)(b);
(g)by a supervising psychiatrist for the purpose of making an inpatient treatment order, as required by section 120(3), 123(2) or 131(3);
(h)by a supervising psychiatrist for the purpose of making an order revoking a community treatment order, as permitted by section 120(4)(a), 123(3)(a) or 131(5)(a);
(i)by a supervising psychiatrist for the purpose of making a continuation order, as required by section 121(2);
(j)by a psychiatrist for the purpose of giving a further opinion, as required by section 182(6) as applied by section 121(6) or as required by section 182(6).
78.Referring psychiatrist cannot conduct examination
An examination referred to section 77(a) cannot be conducted by the psychiatrist who made the referral under section 26(2) or (3)(a) or 36(2).
79.How examination must be conducted
(1)An examination must be conducted in the least restrictive way, and the least restrictive environment, practicable.
(2)For an examination referred to in section 77(a), (b), (d), (f) or (g), unless subsection (3) applies, the psychiatrist or practitioner and the person being examined must be in one another’s physical presence.
(3)The psychiatrist or practitioner may conduct the examination using audiovisual communication if —
(a)the person being examined is at a place that is not an authorised hospital and is outside a metropolitan area; and
(b)it is not practicable for the psychiatrist or practitioner to comply with subsection (2); and
(c)a health professional and the person being examined are in one another’s physical presence.
(4)For an examination referred to in section 77(c) or in section 77(e) if it is also an examination required by section 120(3), the psychiatrist and the person being examined must be in one another’s physical presence and the examination cannot be conducted using audiovisual communication.
(5)For an examination referred to in section 77(e) unless it is also an examination required by section 120(3) or in section 77(h), (i) or (j) —
(a)the psychiatrist and the person being examined need not be in one another’s physical presence; but
(b)if they are not — each of them must be able to see and hear the other while the other is speaking (for example, by being able to see one another through a window and hear one another using a telephone or to see and hear one another using audiovisual communication).
(6)For the purposes of this Act, an examination conducted using audiovisual communication is taken to be conducted, and any order made as a result is taken to be made, at the place where the person examined is when the examination is conducted.
80.Information to which examiner may have regard
(1)The psychiatrist or practitioner may have regard to any information about the person being examined that is obtained by the psychiatrist or practitioner from one or more of the following —
(a)the person, including information obtained by observing the person and asking the person questions;
(b)if the person is of Aboriginal or Torres Strait Islander descent —
(i)an Aboriginal or Torres Strait Islander mental health worker; or
(ii)a significant member of the person’s community, including an elder or traditional healer;
(c)any other person;
(d)the person’s medical record.
(2)The psychiatrist or practitioner cannot conclude that the person being examined is in need of, is still in need of, or is no longer in need of, an involuntary treatment order solely on the basis of information referred to in one or more of subsection (1)(b)(i) or (ii), (c) or (d).
81.Examination of person of Aboriginal or Torres Strait Islander descent
To the extent that it is practicable and appropriate to do so, the examination of a person who is of Aboriginal or Torres Strait Islander descent must be conducted in collaboration with —
(a)Aboriginal or Torres Strait Islander mental health workers; and
(b)significant members of the person’s community, including elders and traditional healers.
Part 7 — Detention for examination or treatment
Division 1 — Preliminary matters
This Part does not apply in relation to a mentally impaired accused who is being detained at an authorised hospital under the MIA Act, whether or not the mentally impaired accused was being detained at the authorised hospital under this Act immediately before the mentally impaired accused was detained at the authorised hospital under the MIA Act.
Division 2 — Detention at authorised hospital or other place for examination
(1)This section applies in relation to any of these people —
(a)a person who can be detained at an authorised hospital under section 34(3) because of an order for an assessment made under section 34(1);
(b)a person who can be detained at an authorised hospital under section 52(1)(b) because of a referral made under section 26(2);
(c)a person who can be detained at an authorised hospital under section 53(1) because of a referral made under section 36(2);
(d)a person who is under an order made under section 55(1)(c) authorising the continuation of the person’s detention at an authorised hospital to enable a further examination to be conducted;
(e)a person who can be detained at a place that is not an authorised hospital under section 58(1)(b) because of a referral made under section 26(3)(a);
(f)a person who is under an order made under section 59(2) authorising the continuation of the person’s detention at a place that is not an authorised hospital to enable an examination to be completed;
(g)a person who is under an order made under section 61(1)(c) authorising the person’s detention at an authorised hospital to enable an examination to be conducted.
(2)The referral or order authorises —
(a)the person’s reception at the authorised hospital or other place specified in the referral or order; and
(b)the person’s detention there for the period authorised by this Act for which the person can be detained because of the referral or under the order; and
(c)a person who is prescribed by the regulations for this paragraph to exercise the powers under section 172 for the purpose of detaining the person there.
Notes for section 83:
1.The period for which a person can be detained under section 34(3) is authorised under that provision.
2.The period for which a person can be detained under section 52(1)(b), 53(1) or 58(1)(b), or under an order made under section 55(1)(c), 59(2) or 61(1)(c), is authorised under Part 6 Division 3.
Division 3 — Detention at hospital under inpatient treatment order
84.Application of this Division
This Division applies in relation to an involuntary inpatient who is under an inpatient treatment order authorising the involuntary inpatient’s detention at an authorised hospital or a general hospital.
Notes for section 84:
1.An inpatient treatment order authorising a person’s detention at an authorised hospital can be made under section 55(1)(a), 56(1)(a)(i), 72(1)(a), 120(2)(a), 123(1)(a) or 131(2)(a).
2.An inpatient treatment order authorising a person’s detention at a general hospital can be made under section 61(1)(a) or 131(2)(a).
In this Division —
continuation order means a continuation order made under section 89(2)(a);
detention period, for an inpatient treatment order, means —
(a)the period for which the involuntary inpatient can be detained under the order as specified in the order in accordance with section 87(a) or (b); or
(b)the further period for which the involuntary inpatient can be detained under the order as specified in a continuation order.
An inpatient treatment order authorises —
(a)the involuntary inpatient’s admission as an inpatient by —
(i)the hospital specified in the order; and
(ii)any authorised hospital to which the patient is transferred under section 66(1) or 91(2);
and
(b)the involuntary inpatient’s detention there for the period authorised by this Act for which the inpatient can be detained under this Act; and
(c)a person who is prescribed by the regulations for this paragraph to exercise the powers under section 172 for the purpose of detaining the involuntary inpatient there.
87.Period that must be specified in inpatient treatment order
The period specified in an inpatient treatment order as the period for which the involuntary inpatient can be detained under the order cannot exceed —
(a)if, when the order is made, the involuntary inpatient is an adult — 21 days from the day on which the order is made; or
(b)if, when the order is made, the involuntary inpatient is a child — 14 days from the day on which the order is made.
88.Period for which detention is authorised
An inpatient treatment order authorises the involuntary inpatient’s detention until the first of these things occurs —
(a)a psychiatrist makes an order under section 89(2)(b) or 90(1)(a) in respect of the involuntary inpatient;
(b)a psychiatrist revokes the order under section 89(2)(c) or 90(1)(b);
(c)the expiry of the detention period unless the detention of the involuntary inpatient under the inpatient treatment order has been continued under a continuation order.
89.Examination before end of each detention period
(1)The treating psychiatrist must ensure that, on or within 7 days before the day on which the detention period for an inpatient treatment order ends, the involuntary inpatient is examined by a psychiatrist.
(2)On completing the examination, the psychiatrist who conducted it must make one of these orders —
(a)if satisfied, having regard to the criteria specified in section 25, that the involuntary inpatient is still in need of the inpatient treatment order — a continuation order continuing the inpatient treatment order from the end of the detention period for the further detention period that is specified in the continuation order in accordance with subsection (3)(a) or (b);
(b)if satisfied, having regard to the criteria specified in section 25, that the involuntary inpatient is no longer in need of the inpatient treatment order but is in need of a community treatment order — a community treatment order in respect of the inpatient;
(c)if satisfied, having regard to the criteria in section 25, that the involuntary inpatient is no longer in need of an involuntary treatment order — an order revoking the inpatient treatment order.
(3)For subsection (2)(a), the detention period specified in a continuation order cannot exceed —
(a)if, when the continuation order is made, the involuntary inpatient is an adult — 3 months; or
(b)if, when the continuation order is made, the involuntary inpatient is a child — 28 days.
(4)An order made under subsection (2) must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (2)(a) or (b) — the reasons for making it;
(c)the name, qualifications and signature of the psychiatrist making it.
(5)A psychiatrist who makes an order under subsection (2) must, as soon as practicable, file it and give a copy to the involuntary inpatient.
(6)The release of a person because of an order made under subsection (2)(b) or (c) is an event to which Part 9 applies and the person in charge of the hospital is the person responsible under that Part for notification of that event.
90.Changing involuntary inpatient’s status
(1)A psychiatrist may make either of these orders during the detention period —
(a)if satisfied, having regard to the criteria specified in section 25, that the involuntary inpatient is no longer in need of the inpatient treatment order but is in need of a community treatment order — a community treatment order in respect of the inpatient;
(b)if satisfied, having regard to the criteria specified in section 25, that the involuntary inpatient is no longer in need of an involuntary treatment order — an order revoking the inpatient treatment order.
(2)The psychiatrist may make the order without examining the involuntary inpatient.
(3)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (1)(a) — the reasons for making it;
(c)the name, qualifications and signature of the psychiatrist.
(4)The psychiatrist must, as soon as practicable, file the order and give a copy to the involuntary inpatient.
(5)The making of an order under subsection (1) is an event to which Part 9 applies and the psychiatrist who makes the order is the person responsible under that Part for notification of that event.
91.Transfer between authorised hospitals
(1)This section applies in relation to an involuntary inpatient who is detained at an authorised hospital.
(2)The treating psychiatrist or, if the treating psychiatrist is not reasonably available, another psychiatrist at the authorised hospital may make an order (a transfer order) authorising the involuntary inpatient’s transfer from the authorised hospital to another authorised hospital specified in the order.
(3)The transfer order must be in the approved form and must include the following —
(a)the involuntary inpatient’s name;
(b)the authorised hospital from which the involuntary inpatient is to be transferred;
(c)the authorised hospital to which the involuntary inpatient is to be transferred;
(d)the date and time when the order is made;
(e)the reasons for the transfer;
(f)the name, qualifications and signature of the psychiatrist making it.
(4)A psychiatrist who makes a transfer order must, as soon as practicable, file it and give a copy to the involuntary inpatient.
(5)The making of a transfer order under subsection (2) is an event to which Part 9 applies and the psychiatrist who makes the order is the person responsible under that Part for notification of that event.
Note for section 91:
Section 66 applies in relation to the transfer of an involuntary inpatient from a general hospital to an authorised hospital.
(1)A psychiatrist may make a transport order in respect of an inpatient who is under a transfer order made under section 91(2).
(2)The psychiatrist cannot make the transport order unless satisfied that no other safe means of taking the involuntary inpatient to the authorised hospital is reasonably available.
(3)Part 10 applies in relation to the transport order.
93.Involuntary inpatient to be advised of expiry
(1)This section applies if an inpatient treatment order expires.
(2)The treating psychiatrist must advise the involuntary inpatient in writing of the expiry and its consequences.
(3)The treating psychiatrist must file a copy of the advice.
(4)The expiry of an inpatient treatment order is an event to which Part 9 applies and the person in charge of the hospital at which the involuntary inpatient was being detained is the person responsible under that Part for notification of that event.
Division 4 — Release from hospital or other place
94.Application of this Division
This Division applies in relation to a person referred to in paragraph (a), (b) or (c) who is detained for a reason referred to in that provision —
(a)a person who is detained under Part 6 Division 2 or 3 to enable the person —
(i)to be taken to an authorised hospital or other place; or
(ii)to be assessed or examined;
or
(b)a person who is detained under an inpatient treatment order; or
(c)an involuntary community patient who is detained under section 130(2)(b).
95.Person must be allowed to leave
(1)This section applies whenever a person cannot continue to be detained at a hospital or other place for a reason referred to in section 94.
(2)A person in charge of the hospital or other place must ensure that, as soon as practicable —
(a)the person is advised in writing by a medical practitioner or mental health practitioner that the person cannot continue to be detained for that reason; or
(b)if the person leaves the hospital or other place before a medical practitioner or mental health practitioner can comply with paragraph (a) — a record of the time when the person left the hospital or other place is filed.
(3)The person must be allowed to leave the hospital or other place unless the person’s detention at the hospital or other place is authorised —
(a)for another reason referred to in section 94; or
(b)under section 96.
(4)The practitioner who provides the advice referred to in subsection (2)(a) must file a copy of the advice.
96.Delivery into custody under another law
A person who cannot continue to be detained for a reason referred to in section 94 but is under an order made under the law of the Commonwealth or a State or Territory requiring the person to be kept in custody is not allowed to leave the hospital or other place until the person has been delivered into that custody.
Division 5 — Absence without leave from hospital or other place
97.Persons who are absent without leave
(1)For the purposes of this Division, a person is absent without leave from a hospital or other place if —
(a)in the case of a person who is detained under Part 6 Division 2 or 3 to enable the person —
(i)to be taken to an authorised hospital or other place; or
(ii)to be assessed or examined,
the person leaves the hospital or other place where the person is detained; or
(b)in the case of a person who is under an inpatient treatment order — the person is absent without leave as described in subsection (2); or
(c)in the case of an involuntary community patient who is detained under section 130(2)(b) — the person leaves the place where the patient is detained.
(2)For subsection (1)(b), a person who is under an inpatient treatment order is absent without leave —
(a)if the person is away from the hospital where the person is detained under the order without being granted leave of absence under section 105(1); or
(b)if, on the cancellation under section 110(1) of leave of absence granted to the person under section 105(1) or on the expiry of such leave, the person does not return to either of these hospitals —
(i)the hospital from which the person was granted the leave of absence;
(ii)the hospital to which the person’s transfer has been ordered under section 66(1) or 91(2).
(3)The absence of a person without leave from a hospital or other place is an event to which Part 9 applies and the person in charge of the hospital or other place is the person responsible under that Part for notification of that event.
98.Making apprehension and return order
(1)The person in charge of a hospital or other place or a medical practitioner may make an order (an apprehension and return order) in respect of a person who is absent without leave from the hospital or other place if satisfied that no other safe means of ensuring that the person returns to the hospital or other place is reasonably available.
(2)An apprehension and return order must be in the approved form and must include the following —
(a)the name of the person who is absent without leave;
(b)the hospital or other place from which the person is absent without leave;
(c)the hospital or other place to which the person must be taken if apprehended;
(d)the date when it is made;
(e)the date when it will expire;
(f)the reasons for making it;
(g)the name, qualifications and signature of the person making it.
(3)A person who makes an apprehension and return order must, as soon as practicable, file it and give a copy to the police officer or person prescribed who will carry out the order.
99.Operation of apprehension and return order
An apprehension and return order made in respect of a person authorises a police officer or a person prescribed by the regulations for this section to do these things —
(a)apprehend the person and, for that purpose, exercise the powers under sections 159(2) and 172;
(b)if the person is apprehended — take the person to the hospital or other place specified in the apprehension and return order under section 98(2)(c) as soon as practicable and, in any event, before the order expires;
(c)for the purpose of taking the person to that hospital or other place, detain the person until the first of these things occurs —
(i)the person is received into the hospital or other place;
(ii)the apprehension and return order expires.
100.Period of apprehension and return order
(1)An apprehension and return order remains in force for 14 days from the day on which the order is made.
(2)An apprehension and return order cannot be extended.
101.Revocation of apprehension and return order
(1)The person in charge of a hospital or other place from which a person is absent without leave or a medical practitioner may make an order (a revocation order) revoking an apprehension and return order made in respect of the person if satisfied that the apprehension and return order is no longer needed.
(2)The revocation order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for the revocation;
(c)the name, qualifications and signature of the person making it.
(3)A person who makes a revocation order must, as soon as practicable —
(a)advise the police officer or person prescribed responsible for carrying out the apprehension and return order of the revocation; and
(b)file the order and a record of the advice.
102.Return of person to place where apprehended
(1)Subsection (2) applies if, after a person is apprehended under an apprehension and return order but before the person is received into the hospital or other place specified in the order under section 98(2)(c), the order is revoked under section 101(1) or expires.
(2)The police officer or person prescribed who was responsible for carrying out the apprehension and return order must take reasonable steps to ensure the person is taken, at the person’s election —
(a)back to the place where the person was apprehended; or
(b)to a place reasonably nominated by the person.
(3)Subsection (2) does not require the person to be taken to a place if to do so poses a serious risk to the safety of the person or another person.
Division 6 — Leave of absence from detention at hospital under inpatient treatment order
Subdivision 1 — Preliminary matters
103.Application of this Division
This Division applies in relation to an involuntary inpatient who is under an inpatient treatment order authorising the involuntary inpatient’s detention at an authorised hospital or a general hospital.
Notes for section 103:
1.An inpatient treatment order authorising a person’s detention at an authorised hospital can be made under section 55(1)(a), 56(1)(a)(i), 72(1)(a), 120(2)(a), 123(1)(a) or 131(2)(a).
2.An inpatient treatment order authorising a person’s detention at a general hospital can be made under section 61(1)(a) or 131(2)(a).
104.Term used: leave of absence
In this Division —
leave of absence —
(a)means leave of absence granted under section 105(1); and
(b)includes leave of absence as extended or varied under section 106(1).
Subdivision 2 — Grant, extension, variation or cancellation of leave
(1)A psychiatrist may make an order granting an involuntary inpatient leave of absence from a hospital if satisfied that granting the leave of absence —
(a)will —
(i)be likely to benefit the involuntary inpatient’s recovery from mental illness or to benefit the inpatient’s mental health in some other way; or
(ii)enable the involuntary inpatient to obtain medical or surgical treatment or be likely to benefit the inpatient’s physical health in some other way;
and
(b)is not inconsistent with the involuntary inpatient’s need to be provided with treatment for a reason specified in section 25(1)(b).
(2)The psychiatrist cannot make the order unless the psychiatrist has consulted each of these people about the matters specified in subsection (3) —
(a)if the involuntary inpatient has an enduring guardian or guardian — the enduring guardian or guardian;
(b)if the involuntary inpatient is a child — the child’s parent or guardian;
(c)if the involuntary inpatient has a nominated person — the nominated person unless the nominated person is not entitled, for the reason referred to in section 269(1), to be consulted;
(d)if the involuntary inpatient has a carer — the carer unless the carer is not entitled, for the reason referred to in section 288(2) or 292(1), to be consulted;
(e)if the involuntary inpatient has a close family member — the close family member unless the close family member is not entitled, for the reason referred to in section 288(2) or 292(1), to be consulted.
(3)For subsection (2), these matters are specified —
(a)whether or not to make the order; and
(b)what period and conditions would be appropriate to specify in the order if it were to be made.
(4)Without limiting a requirement under subsection (2)(a) to consult the involuntary inpatient’s enduring guardian or guardian, or under subsection (2)(b) to consult the involuntary inpatient’s parent or guardian, about the matters referred to in subsection (3)(a) and (b), the requirement is taken to be complied with if the psychiatrist ensures that reasonable efforts continue to be made to consult the person about those matters until the first of these things occurs —
(a)the person is consulted about those matters;
(b)it is reasonable for the psychiatrist to conclude that the person cannot be consulted about those matters.
(5)Part 16 Division 3 Subdivision 2 applies in relation to a requirement under subsection (2)(c) to consult the involuntary inpatient’s nominated person about the matters referred to in subsection (3)(a) and (b).
(6)Part 17 Division 2 applies in relation to a requirement under subsection (2)(d) to consult a carer of the involuntary inpatient, or under subsection (2)(e) to consult a close family member of the involuntary inpatient, about the matters referred to in subsection (3)(a) and (b).
(7)The psychiatrist must ensure that the following are filed —
(a)if a person referred to in subsection (2)(a) to (e) was consulted — a record of the consultation; or
(b)if a person referred to in subsection (2)(a) to (e) could not be consulted — a record of the efforts made to do so.
(8)The psychiatrist cannot make the order unless the psychiatrist has considered whether it would be more appropriate to make an order under section 90(1) in respect of the involuntary inpatient.
(9)The order authorises the involuntary inpatient’s absence from the hospital for the period, and subject to the conditions, the psychiatrist considers appropriate and specifies in the order.
(10)The conditions imposed under subsection (9) may include conditions about the involuntary inpatient doing any of these things —
(a)residing at a specified place;
(b)receiving specified treatment;
(c)attending at a specified place, and remaining there as specified in the order, to enable the involuntary inpatient to be provided with specified treatment.
(11)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the period and conditions of the leave of absence;
(c)the reasons for granting the leave of absence;
(d)the name, qualifications and signature of the psychiatrist.
(12)The psychiatrist must, as soon as practicable, file the order and give a copy to the involuntary inpatient.
(13)The making of an order under subsection (1) is an event to which Part 9 applies and the psychiatrist who makes the order is the person responsible under that Part for notification of that event.
106.Extending or varying leave granted
(1)A psychiatrist may make an order —
(a)extending an involuntary inpatient’s leave of absence; or
(b)varying the conditions subject to which an involuntary inpatient’s leave of absence is granted.
(2)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the period of the extension or the variation of the conditions;
(c)the reasons for the extension or variation;
(d)the name, qualifications and signature of the psychiatrist.
(3)The psychiatrist must, as soon as practicable, file the order and give a copy to the involuntary inpatient.
(4)The making of an order under subsection (1) is an event to which Part 9 applies and the psychiatrist who makes the order is the person responsible under that Part for notification of that event.
107.Involuntary inpatient must comply with conditions of leave
An involuntary inpatient who is on leave of absence from a hospital must comply with the conditions to which the leave of absence is subject.
108.Monitoring involuntary inpatient on leave
(1)This section applies if an involuntary inpatient is away from a hospital on leave of absence for more than 21 consecutive days.
(2)The treating psychiatrist must consider whether it would be appropriate to make an order under section 90(1) in respect of the inpatient.
(3)For the purpose of subsection (2), the treating psychiatrist may make any inquiries the psychiatrist considers appropriate.
109.Changing involuntary inpatient’s status while inpatient on leave
(1)This section applies if, while an involuntary inpatient is away from a hospital on leave of absence, the treating psychiatrist is given a written opinion from another medical practitioner or a mental health practitioner to the effect that the involuntary inpatient is no longer in need of an inpatient treatment order.
(2)The treating psychiatrist must file the opinion as soon as practicable, whether or not the treating psychiatrist acts under subsection (3) on the basis of the opinion.
(3)The treating psychiatrist may make an order under section 90(1) in respect of the involuntary inpatient on the basis of the opinion and without examining the inpatient.
(1)This section applies if, while an involuntary inpatient is away from a hospital on leave of absence, a psychiatrist forms the reasonable belief that it is inappropriate for the inpatient to continue to be away from the hospital.
(2)The psychiatrist may make an order cancelling the leave of absence.
(3)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for that belief;
(c)the name, qualifications and signature of the psychiatrist.
(4)The psychiatrist must, as soon as practicable —
(a)orally advise the involuntary patient that the leave of absence has been cancelled; and
(b)file the order and give a copy to the involuntary inpatient.
(5)The making of an order under subsection (2) is an event to which Part 9 applies and the psychiatrist who makes the order is the person responsible under that Part for notification of that event.
Subdivision 3 — Transport to and from hospital
111.Application of this Subdivision
This Subdivision applies in relation to an involuntary inpatient —
(a)who is granted leave of absence to enable the involuntary inpatient to obtain medical or surgical treatment at a general hospital; or
(b)who, because of the cancellation under section 110(1) of leave of absence granted to the involuntary patient for a purpose referred to in paragraph (a) or because of the expiry of such leave, must return to —
(i)the hospital from which the leave was granted; or
(ii)an authorised hospital to which the involuntary inpatient’s transfer has been ordered under section 66(1) or 91(2).
(1)A psychiatrist may make a transport order in respect of the involuntary inpatient.
(2)The psychiatrist cannot make the transport order unless satisfied that no other safe means of taking the involuntary inpatient to the hospital is reasonably available.
(3)Part 10 applies in relation to the transport order.
Part 8 — Community treatment orders
Division 1 — Preliminary matters
In this Part —
community treatment order includes a community treatment order as varied under section 121(1), 122(1), 135(1)(a) or (2)(a) or 137(a);
continuation order means a continuation order made under section 121(1);
involuntary community patient, in relation to a community treatment order, means the involuntary community patient who is under the order;
supervising psychiatrist, in relation to a community treatment order, means the psychiatrist who is the supervising psychiatrist under the order;
treating practitioner, in relation to a community treatment order, means the medical practitioner or mental health practitioner who is the treating practitioner under the order;
treatment period, for a community treatment order, means —
(a)the treatment period for which the order remains in force as specified in the order under section 115(2); or
(b)the further treatment period for which the order remains in force as specified in a continuation order.
114.Things psychiatrist must be satisfied of before making order
A psychiatrist cannot make a community treatment order in respect of a person unless satisfied of these things —
(a)treatment of the person in the community would not be inconsistent with the person’s need to be provided with treatment for a reason specified in section 25(2)(b);
(b)suitable arrangements can be made for the treatment and care of the person in the community, including —
(i)arrangements for a psychiatrist to be the supervising psychiatrist under the order; and
(ii)arrangements for a medical practitioner or mental health practitioner to be the treating practitioner under the order.
Note for section 114:
The supervising psychiatrist can also be the treating practitioner (see section 136(2)(b)).
(1)The terms of a community treatment order must include these things —
(a)the name of the psychiatrist who is the supervising psychiatrist under the order;
(b)a requirement that the involuntary community patient comply with all of the supervising psychiatrist’s directions to the patient about treatment to be provided to the patient under the order;
(c)the name of the medical practitioner or mental health practitioner who is the treating practitioner under the order;
(d)the date and time when the order is made;
(e)the date and time when the order comes into force, which must be within 7 days after the date and time when the order is made;
(f)the treatment period for which the order remains in force as specified under subsection (2);
(g)a requirement that the involuntary community patient notify the supervising psychiatrist or treating practitioner of any change in the patient’s residential address;
(h)a requirement that the involuntary community patient notify the supervising psychiatrist or treating practitioner of any interstate or overseas travel by the patient —
(i)at least 7 days before the day of the patient’s departure; or
(ii)if the patient cannot comply with subparagraph (i) because the patient needs to travel urgently — as soon as it is practicable for the patient to give notice of the travel.
(2)For subsection (1)(f), the treatment period specified in a community treatment order when it is made cannot exceed 3 months from the day on which it is made.
Notes for section 115:
1.The supervising psychiatrist can also be the treating practitioner (see section 136(2)(b)).
2.The terms of a community treatment order may require the involuntary community patient to be provided with treatment by a mental health service in another State or a Territory (see section 559).
Division 3 — Operation of order
A community treatment order remains in force until the first of these things occurs —
(a)the supervising psychiatrist makes an inpatient treatment order under section 120(2)(a), 123(1)(a) or 131(2)(a) in respect of the involuntary community patient;
(b)a psychiatrist makes an inpatient treatment order under any other provision of this Act in respect of the involuntary community patient;
(c)the supervising psychiatrist revokes the order under section 120(2)(b) or 131(2)(b);
(d)the expiry of the treatment period for the order unless the order has been continued under a continuation order.
Notes for section 116:
1.In addition to the provisions referred to in section 116(a), an inpatient treatment order authorising a person’s detention at an authorised hospital can be made under section 55(1)(a), 56(1)(a)(i) or 72(1)(a) or at a general hospital under section 61(1)(a).
2.A community treatment order may be suspended under section 30 or 33.
117.Advice about when and where treatment to be provided
(1)The supervising psychiatrist must ensure that the involuntary community patient is advised of when and where treatment is to be provided to the patient under the community treatment order.
(2)Without limiting subsection (1), the supervising psychiatrist must ensure that, on or within 14 days after the day on which the community treatment order is made, the involuntary community patient is advised in writing of the date, time and place of the involuntary community patient’s first appointment (whether with the treating practitioner or otherwise) for the provision of treatment under the order.
118.Monthly examination of patient
(1)In this section —
first treatment period, for a community treatment order, means the treatment period for which the order remains in force as specified in the order under section 115(2);
review period, for a community treatment order, means —
(a)the period of one month beginning on the day on which the first treatment period for the order begins; or
(b)the period of one month beginning on the day after the day on which the involuntary community patient was last examined under subsection (2) for the purposes of the order.
(2)The involuntary community patient must be examined, on or within 14 days before the day on which a review period for a community treatment order ends, by —
(a)the supervising psychiatrist; or
(b)another medical practitioner or a mental health practitioner —
(i)if the supervising psychiatrist is unavailable; or
(ii)if requested by the supervising psychiatrist under section 119(1).
(3)However, the involuntary community patient cannot be examined by a practitioner under subsection (2)(b) if more than 2 months has elapsed since the day on which the patient was last examined under subsection (2)(a) by the supervising psychiatrist.
(4)Part 6 Division 3 Subdivision 6 applies in relation to the conduct of an examination under subsection (2).
(5)A practitioner who examines the involuntary community patient under subsection (2)(b) must provide the supervising psychiatrist with a written report of the examination that includes a recommendation about whether or not, having regard to the criteria specified in section 25, the patient is still in need of an involuntary treatment order.
(6)The supervising psychiatrist must file the following —
(a)a record of each examination of the involuntary community patient that the supervising psychiatrist conducts under subsection (2)(a);
(b)each report of an examination of the involuntary community patient provided to the supervising psychiatrist under subsection (5).
119.Supervising psychiatrist may request practitioner to examine involuntary community patient
(1)For the purpose of section 118(2)(b)(ii), the supervising psychiatrist may request another medical practitioner or a mental health practitioner to examine the involuntary community patient.
(2)The request must be in the approved form and may specify requirements for carrying out the examination or preparing the report or both.
120.What supervising psychiatrist may do after examination
(1)This section applies —
(a)on completion of the examination of the involuntary community patient by the supervising psychiatrist under section 118(2)(a); or
(b)on provision of a report about the involuntary community patient to the supervising psychiatrist under section 118(5).
(2)The supervising psychiatrist must consider whether or not the involuntary community patient is still in need of an involuntary treatment order and may make either of these orders —
(a)if satisfied, having regard to the criteria specified in section 25, that the involuntary community patient is still in need of an involuntary treatment order but not satisfied of the things referred to in section 114(a) and (b) — an inpatient treatment order authorising the patient’s detention at the authorised hospital specified in the order for the period specified in the order in accordance with section 87(a) or (b); or
(b)if satisfied, having regard to the criteria specified in section 25, that the involuntary community patient is no longer in need of an involuntary treatment order — an order revoking the community treatment order.
(3)The supervising psychiatrist cannot make an inpatient treatment order without examining the involuntary community patient in accordance with Part 6 Division 3 Subdivision 6, which examination can be the examination conducted under section 118(2)(a).
(4)The supervising psychiatrist can make an order revoking the community treatment order —
(a)after examining the involuntary community patient in accordance with Part 6 Division 3 Subdivision 6; or
(b)without examining the involuntary community patient but on the basis of a report provided to the psychiatrist under section 118(5).
(5)An order made under subsection (2) must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (2)(a) — the reasons for making it;
(c)the name, qualifications and signature of the supervising psychiatrist making it.
(6)The supervising psychiatrist must, as soon as practicable, file the order and give a copy to the involuntary community patient.
(7)The making of an order under subsection (2) is an event to which Part 9 applies and the supervising psychiatrist is the person responsible under that Part for notification of that event.
Note for section 120:
A community treatment order is automatically revoked under section 116(a) if a psychiatrist makes an inpatient treatment order under section 120(2)(a), or under section 116(b) if a psychiatrist makes an inpatient treatment order under any other provision of this Act, in respect of the involuntary community patient.
(1)The supervising psychiatrist may, on or within 7 days before the day on which a treatment period ends, make an order (a continuation order) continuing the community treatment order from the end of the treatment period for the further treatment period (not exceeding 3 months) that is specified in the continuation order.
(2)The supervising psychiatrist cannot make the continuation order without examining the involuntary community patient in accordance with Part 6 Division 3 Subdivision 6.
(3)The continuation order must be in the approved form and must include the following —
(a)the date when it is made;
(b)the treatment period for which the community treatment order is continued;
(c)the date when, because of the continuation, the community treatment order will expire;
(d)the reasons for the continuation;
(e)the name, qualifications and signature of the supervising psychiatrist.
(4)The supervising psychiatrist must, as soon as practicable, file the continuation order and give a copy to the involuntary community patient.
(5)The involuntary community patient may request in writing the supervising psychiatrist to obtain the opinion (a further opinion) of another psychiatrist about whether it is appropriate to have continued the community treatment order by making the continuation order (but not whether the length of the treatment period specified in the continuation order is appropriate).
(6)Sections 182 and 184 apply (with the necessary changes) in relation to the further opinion.
(7)The continuation order does not come into force or ceases to be in force, as the case requires, if the further opinion —
(a)is not obtained on or within 14 days after the day on which the involuntary community patient’s request is received by the supervising psychiatrist; or
(b)does not confirm that it is appropriate to have continued the community treatment order.
(8)Subsection (7) does not apply if the further opinion is not obtained within the 14‑day period referred to in subsection (7)(a) because the involuntary community patient did not attend an examination to be conducted by the psychiatrist responsible for giving the further opinion.
(1)The supervising psychiatrist may, at any time while a community treatment order is in force, make an order varying the terms of the community treatment order in any way that is consistent with section 115 and the supervising psychiatrist considers appropriate.
(2)The order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the variation;
(c)the reasons for the variation;
(d)the name, qualifications and signature of the supervising psychiatrist.
(3)The supervising psychiatrist must, as soon as practicable, file the order and give a copy to the involuntary community patient.
123.Making inpatient treatment order or revoking community treatment order
(1)The supervising psychiatrist may, at any time while a community treatment order is in force, make either of these orders —
(a)if satisfied, having regard to the criteria specified in section 25(1), that the involuntary community patient is in need of an inpatient treatment order — an inpatient treatment order;
(b)if satisfied, having regard to the criteria specified in section 25, that the involuntary community patient is no longer in need of an involuntary treatment order — an order revoking the community treatment order.
(2)The supervising psychiatrist cannot make an inpatient treatment order without examining the involuntary community patient in accordance with Part 6 Division 3 Subdivision 6.
(3)The supervising psychiatrist can make an order revoking the community treatment order —
(a)after examining the involuntary community patient in accordance with Part 6 Division 3 Subdivision 6; or
(b)without examining the involuntary community patient, but in doing so must have regard to the information specified in subsection (4).
(4)The supervising psychiatrist must have regard to any information about the patient that is obtained by the psychiatrist —
(a)from either or both of —
(i)the involuntary community patient, including information obtained by observing the patient and asking the patient questions; and
(ii)any other person;
and
(b)from the involuntary community patient’s medical record.
(5)The supervising psychiatrist may make an order under subsection (1) without any of these things occurring —
(a)the involuntary community patient being in breach of the community treatment order under section 126;
(b)the supervising psychiatrist giving the involuntary community patient notice of a breach of the community treatment order under section 127(2)(b);
(c)the supervising psychiatrist making an order to attend under section 128(2).
(6)An order made under subsection (1) must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)if it is made under subsection (1)(a) — the reasons for making it;
(c)the name, qualifications and signature of the supervising psychiatrist.
(7)The supervising psychiatrist must, as soon as practicable, file the order and give a copy to the involuntary community patient.
(8)The making of an order under subsection (1) is an event to which Part 9 applies and the supervising psychiatrist is the person responsible under that Part for notification of that event.
Note for section 123:
A community treatment order is automatically revoked under section 116(a) if a psychiatrist makes an inpatient treatment order under section 123(1)(a) in respect of the involuntary community patient.
124.Confirmation of inpatient treatment order
(1)This section applies if —
(a)the supervising psychiatrist makes an inpatient treatment order under section 120(2)(a) or 123(1)(a) in respect of the involuntary community patient; and
(b)the supervising psychiatrist and the involuntary community patient were not in one another’s physical presence when the examination for the purpose of making the inpatient treatment order was conducted; and
(c)since that examination was conducted, there has been no further examination of the involuntary community patient conducted by a psychiatrist during which the psychiatrist and the patient were in one another’s physical presence.
(2)Within 24 hours after the involuntary community patient is admitted by the authorised hospital in accordance with the inpatient treatment order, the order must be confirmed by a psychiatrist at the authorised hospital.
(3)The psychiatrist cannot confirm the inpatient treatment order without examining the involuntary community patient.
(4)Subdivision 6 applies in relation to the conduct of the examination.
(5)The confirmation must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for the confirmation;
(c)the name, qualifications and signature of the psychiatrist.
(6)The inpatient treatment order ceases to be in force if it is not confirmed in accordance with subsection (2).
(7)The release of a person because of subsection (6) is an event to which Part 9 applies and the person in charge of the authorised hospital is the person responsible under that Part for notification of that event.
125.Involuntary community patient to be advised of expiry
(1)This section applies if a community treatment order expires.
(2)The supervising psychiatrist must advise the involuntary community patient in writing of the expiry and its consequences.
(3)The supervising psychiatrist must file a copy of the advice.
Note for Division 3:
Part 21 Division 3 confers jurisdiction on the Mental Health Tribunal to conduct reviews relating to involuntary patients.
126.When involuntary community patient will be in breach
An involuntary community patient breaches a community treatment order if —
(a)the involuntary community patient has not complied with the order; and
(b)all reasonable steps have been taken to obtain the involuntary community patient’s compliance; and
(c)the supervising psychiatrist reasonably believes that, despite the steps that have been taken, the non‑compliance is continuing and that, if the non‑compliance continues, there is —
(i)a significant risk to the health or safety of the involuntary community patient or to the safety of another person; or
(ii)a significant risk of serious harm to the involuntary community patient or to another person; or
(iii)a significant risk of the involuntary community patient suffering serious physical or mental deterioration.
127.What supervising psychiatrist must do if order breached
(1)This section applies if an involuntary community patient breaches a community treatment order.
(2)The supervising psychiatrist must —
(a)record the breach; and
(b)give notice of the breach to the involuntary community patient.
(3)The record of breach must be in the approved form and must include these things —
(a)details of the involuntary community patient’s non‑compliance;
(b)the steps that have been taken to obtain the involuntary community patient’s compliance;
(c)a statement that the supervising psychiatrist holds the belief referred to in section 126(c);
(d)the facts on which that belief is based;
(e)the reasons for that belief.
(4)The notice of breach must be in the approved form and must include these things —
(a)details of the involuntary community patient’s non‑compliance;
(b)details of what the involuntary community patient must do to comply;
(c)a statement that continued non‑compliance with the order may result in the involuntary community patient being required to attend a place to enable the patient to be provided with treatment.
(5)The supervising psychiatrist must, as soon as practicable, file the record of breach and a copy of the notice of breach.
128.Order to attend if non‑compliance continues
(1)This section applies if, having given the involuntary community patient notice of the breach under section 127(2)(b), the supervising psychiatrist is not satisfied that the patient is complying with the community treatment order.
(2)The supervising psychiatrist may make an order (an order to attend) requiring the involuntary community patient to attend at the time and place specified in the order to be provided with treatment.
(3)The order to attend must include a warning that, if the involuntary community patient does not comply with the order, a transport order authorising the patient’s apprehension and transport to the place specified in the order to attend may be made.
(4)The order to attend must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for making it;
(c)the time and place referred to in subsection (2);
(d)the warning referred to in subsection (3);
(e)the name, qualifications and signature of the supervising psychiatrist.
(5)The supervising psychiatrist must, as soon as practicable, file the order to attend and give a copy to the involuntary community patient.
(1)This section applies if an involuntary community patient does not comply with an order to attend.
(2)A medical practitioner or mental health practitioner may make a transport order in respect of the involuntary community patient.
(3)The practitioner cannot make the transport order unless satisfied that no other safe means of ensuring the involuntary community patient attends the place is reasonably available.
(4)Part 10 applies in relation to the transport order.
(5)The making of a transport order under subsection (2) is an event to which Part 9 applies and the practitioner who makes the order is the person responsible under that Part for notification of that event.
130.Detention at place specified in order to attend
(1)This section applies in relation to an involuntary community patient who —
(a)attends a place in compliance with an order to attend; or
(b)is transported to a place under a transport order made under section 129(2).
(2)The involuntary community patient —
(a)must be received into the place; and
(b)can be detained at the place until the first of these things occurs —
(i)treatment is provided to the involuntary community patient;
(ii)the supervising psychiatrist makes an order under section 131(2)(a) in respect of the patient;
(iii)the expiry of 6 hours from the time when the patient was received.
(3)A person prescribed by the regulations for this subsection is authorised to exercise the powers under section 172 for the purpose of detaining the involuntary community patient at the place.
(4)The involuntary community patient cannot continue to be detained if, by the end of the 6‑hour period referred to in subsection (2)(b)(iii) —
(a)treatment has not been provided to the involuntary community patient; and
(b)the supervising psychiatrist has not made an order under section 131(2)(a) in respect of the involuntary community patient.
(5)The release of a person because of subsection (4) is an event to which Part 9 applies and the person in charge of the place is the person responsible under that Part for notification of that event.
Notes for section 130:
1.Part 7 Division 4 applies in relation to the release of an involuntary community patient who is detained at a place under section 130(2)(b).
2.Part 7 Division 5 applies if an involuntary community patient is absent without leave from the place where the patient can be detained under section 130(2)(b).
131.Other action that may be taken if non‑compliance
(1)This section applies in these circumstances —
(a)an involuntary community patient is in breach of a community treatment order under section 126;
(b)the supervising psychiatrist has given the involuntary community patient notice of the breach under section 127(2)(b);
(c)since the involuntary community patient was given the notice —
(i)the patient’s non‑compliance with the community treatment order has continued; or
(ii)the supervising psychiatrist has made an order to attend under section 128(2) with which the patient has not complied despite being given a copy of the order.
(2)The supervising psychiatrist may make either of these orders —
(a)if satisfied, having regard to the criteria specified in section 25, that the involuntary community patient is still in need of an involuntary treatment order but not satisfied of the things referred to in section 114(a) and (b) — an inpatient treatment order authorising the patient’s detention at the hospital specified in the order for the period specified in the order in accordance with section 87(a) or (b);
(b)if satisfied, having regard to the criteria specified in section 25, that the involuntary community patient is no longer in need of an involuntary treatment order — an order revoking the community treatment order.
(3)The supervising psychiatrist cannot make an inpatient treatment order without examining the involuntary community patient in accordance with Part 6 Division 3 Subdivision 6.
(4)The supervising psychiatrist cannot make an inpatient treatment order authorising the involuntary community patient’s detention at a general hospital unless —
(a)satisfied that attempting to take the involuntary community patient to, or to detain the involuntary community patient at, an authorised hospital poses a significant risk to the patient’s physical health; and
(b)the Chief Psychiatrist consents to the order being made.
(5)The supervising psychiatrist can make an order revoking the community treatment order —
(a)after examining the involuntary community patient in accordance with Part 6 Division 3 Subdivision 6; or
(b)without examining the involuntary community patient, but in doing so must have regard to any information about the patient that is obtained by the psychiatrist from —
(i)clinical observation of the involuntary community patient; and
(ii)any person other than the involuntary community patient; and
(iii)the involuntary community patient’s medical record.
(6)An order made under subsection (2) must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for making it;
(c)the name, qualifications and signature of the supervising psychiatrist.
(7)The supervising psychiatrist must, as soon as practicable, file the order and give a copy to the involuntary community patient.
(8)The making of an order under subsection (2) is an event to which Part 9 applies and the supervising psychiatrist is the person responsible under that Part for notification of that event.
Notes for section 131:
1.A community treatment order is automatically revoked under section 116(a) if a psychiatrist makes an inpatient treatment order under section 131(2)(a) in respect of the involuntary community patient.
2.Part 6 Division 3 Subdivision 3 applies in relation to the transfer of an involuntary inpatient under an involuntary inpatient treatment order made under section 131(2)(a) from the general hospital specified in the order to an authorised hospital.
Division 5 — Transport to hospital
132.Application of this Division
This Division applies if the supervising psychiatrist makes an inpatient treatment order under section 120(2)(a), 123(1)(a) or 131(2)(a) authorising the involuntary community patient’s detention in a hospital.
(1)A medical practitioner or mental health practitioner may make a transport order in respect of the involuntary community patient.
(2)The practitioner cannot make the transport order unless satisfied that —
(a)the patient needs to be taken to the hospital; and
(b)no other safe means of taking the involuntary community patient is reasonably available.
(3)Part 10 applies in relation to the transport order.
Division 6 — Supervising psychiatrist and treating practitioner
(1)The supervising psychiatrist under a community treatment order is responsible for supervising the carrying out of the order.
(2)The supervising psychiatrist under a community treatment order must be —
(a)the psychiatrist who makes the order; or
(b)another psychiatrist.
135.Change of supervising psychiatrist
(1)The supervising psychiatrist under a community treatment order —
(a)may, by arrangement, transfer a psychiatrist’s responsibility as the supervising psychiatrist under the order to another psychiatrist; and
(b)on transferring that responsibility, must inform the patient in writing of the transfer.
(2)The Chief Psychiatrist or a person authorised under subsection (3) —
(a)may, by arrangement, transfer a psychiatrist’s responsibility as the supervising psychiatrist under a community treatment order to another psychiatrist; and
(b)on transferring that responsibility, must inform the involuntary community patient in writing of the transfer.
(3)The Chief Psychiatrist may authorise a person in writing to exercise the power under subsection (2) in respect of all or any of the involuntary community patients —
(a)being provided with treatment under community treatment orders by the mental health service specified in the authorisation; or
(b)who reside in an area of the State specified in the authorisation.
(4)An authorisation under subsection (3) has effect for the period specified in the authorisation.
(1)The treating practitioner under a community treatment order is responsible for ensuring that the involuntary community patient is provided with the treatment specified in the treatment plan outlined in the order.
(2)The treating practitioner under a community treatment order —
(a)must be a medical practitioner or mental health practitioner; and
(b)can be the supervising psychiatrist under the order or another psychiatrist.
137.Change of treating practitioner
The supervising psychiatrist under a community treatment order —
(a)may, by arrangement, transfer a practitioner’s responsibility as the treating practitioner under the order to another practitioner; and
(b)on transferring that responsibility, must inform the involuntary community patient in writing of the transfer.
Division 1 — Preliminary matters
(1)This Part applies in relation to an event (a notifiable event) if a provision of this Act specifies —
(a)that the event is an event to which this Part applies; and
(b)who is the person responsible under this Part for notification of the event.
(2)Schedule 2 sets out for each event —
(a)the relevant provision; and
(b)a description of the event; and
(c)the person responsible for notification of the event.
Division 2 — Notification of carers, close family members and other personal support persons
139.Right of any carer, close family member or other personal support person to be notified
(1)Any carer, close family member or other personal support person of a person is entitled to be notified, as soon as practicable, that a notifiable event has occurred in respect of the person.
(2)However, the entitlement of a carer, close family member or other personal support person to be notified under subsection (1) is subject to section 142.
140.Person responsible required to notify any carer, close family member or other personal support person
(1)The person responsible under this Part for notification of a notifiable event must ensure that, as soon as practicable after the event occurs in respect of a person, any carer, close family member or other personal support person of the person is notified of the event.
(2)However, the person responsible is not required to notify a carer, close family member or other personal support person of a notifiable event if the carer, close family member or other personal support person is not entitled, for a reason referred to in section 142(1) or (2), to be notified of the event.
Note for section 140:
Any notification provided under section 140(1) must be provided in accordance with section 9(2).
141.Reasonable efforts to notify carer, close family member or other personal support person
(1)Without limiting the requirement under section 140(1), the requirement is taken to have been complied with if the person responsible for notification ensures that reasonable efforts to notify any carer, close family member or other personal support person of the notifiable event continue to be made until the first of these things occurs —
(a)at least one carer, close family member or other personal support person is notified of the notifiable event; or
(b)it is reasonable for the person responsible to conclude that no carer, close family member or other personal support person can be notified of the notifiable event.
(2)The person responsible must ensure that one of the following is filed —
(a)a record of when and how any carer, close family member or other personal support person was notified under section 140(1) of the notifiable event;
(b)if no carer, close family member or other personal support person has been notified under section 140(1) of the notifiable event — a record of the reasons for that and any efforts made to do so.
142.Notification not in person’s best interests
(1)A carer, close family member or other personal support person is not entitled to be notified under section 140(1) of the making of an order under section 28(1) or (2) for the detention or further detention of a person, or the making of a transport order under section 29(1) in respect of a person, if the medical practitioner or authorised mental health practitioner who makes the order reasonably believes that it is not in the best interests of the person for the carer, close family member or other personal support person to be notified of the making of the order.
(2)A carer, close family member or other personal support person is not entitled to be notified under section 140(1) of any other notifiable event that occurs in respect of a person if a psychiatrist believes that it is not in the best interests of the person for the carer, close family member or other personal support person to be notified of the event.
(3)A practitioner or psychiatrist who decides under subsection (1) or (2) that a carer, close family member or other personal support person is not entitled to be notified of a notifiable event must, as soon as practicable —
(a)file a record of the decision and the reasons for it; and
(b)give a copy to the Chief Mental Health Advocate.
Note for section 142:
For the purpose of deciding under section 142(1) or (2) what is or is not in the best interests of a person, Part 2 Division 3 applies.
143.Advising carer, close family member or other personal support person of decision
(1)A practitioner or psychiatrist who decides under section 142 that a carer, close family member or other personal support person is not entitled to be notified of a notifiable event must, if the carer, close family member or other personal support person requests to be notified of the event —
(a)advise the carer, close family member or other personal support person of the decision and the reasons for it; and
(b)file a record of the advice and give a copy to the person in respect of whom the notifiable event occurs.
(2)A carer, close family member or other personal support person to whom advice is provided orally under subsection (1)(a) may request the practitioner or psychiatrist who provided the advice to confirm the advice in writing.
(3)The practitioner or psychiatrist must —
(a)comply with the request; and
(b)file a copy of the confirmation and give another copy to the person in respect of whom the notifiable event occurs.
Note for section 143:
Any advice provided under section 143(1)(a) or (3)(a) must be provided in accordance with section 9(2).
(1)A practitioner or psychiatrist may revoke a decision made under section 142 that a carer, close family member or other personal support person is not entitled to be notified of a notifiable event if satisfied that the reasons for making the decision no longer apply.
(2)The practitioner or psychiatrist must, as soon as practicable, file a record of the revocation and the reasons for it.
(3)If the carer, close family member or other personal support person previously requested to be notified of the event, the practitioner or psychiatrist must ensure that, as soon as practicable —
(a)the carer, close family member or other personal support person is notified of the notifiable event; and
(b)a record of when and how the carer, close family member or other personal support person was notified is filed and a copy given to the person in respect of whom the notifiable event occurred.
Division 3 — Notification of other persons and bodies
145.Making, revocation or expiry of involuntary treatment order
(1)The person responsible under this Part for notification of the making of an involuntary treatment order must ensure that, as soon as practicable, each of the persons and bodies specified in subsection (4) is —
(a)given a copy of the involuntary treatment order; and
(b)either —
(i)given the name and contact details of any carer, close family member or other personal support person who has been notified under section 140(1) of the making of the involuntary treatment order, to the extent that information is known to the person responsible; or
(ii)if no carer, close family member or other personal support person has been notified under section 140(1) of the making of the involuntary treatment order — advised of that and the reasons for it.
(2)The person responsible under this Part for notification of the making of an order revoking an involuntary treatment order must ensure that, as soon as practicable, each of the persons and bodies specified in subsection (4) is given a copy of the order.
(3)The person responsible under this Part for notification of the expiry of an involuntary treatment order must ensure that, as soon as practicable, each of the persons and bodies specified in subsection (4) is advised in writing of the expiry.
(4)For subsections (1), (2) and (3), each of these persons and bodies is specified —
(a)the Chief Mental Health Advocate;
(b)the Mental Health Tribunal;
(c)if the involuntary patient is a mentally impaired accused — the Mentally Impaired Accused Review Board.
(5)The person responsible must ensure that the following are filed —
(a)a record of —
(i)each person or body to whom a copy of an order is given under subsection (1)(a) or (2) or advice is provided under subsection (3); and
(ii)the date on which the copy is given or the advice provided to that person or body;
(b)a record of —
(i)each person or body to whom any information referred to in subsection (1)(b) is provided; and
(ii)details of the information provided to that person or body; and
(iii)the date on which the information is provided to that person or body.
This Part applies in relation to a transport order made under any of these provisions —
(a)section 29(1) to enable a person who is referred under section 26(2) or (3)(a) to be taken to an authorised hospital or other place;
(b)section 63(1) to enable a person who is under an inpatient treatment order made under section 61(1)(a) to be taken to a general hospital;
(c)section 63(1) to enable a person who is under an order for a further examination made under section 61(1)(c) to be taken to an authorised hospital;
(d)section 67(1) to enable an involuntary inpatient who is under a transfer order made under section 66(1) to be transferred to an authorised hospital;
(e)section 92(1) to enable an involuntary inpatient who is under a transfer order made under section 91(2) to be transferred to an authorised hospital;
(f)section 112(1) to enable an involuntary patient who is granted leave of absence, or whose leave of absence has been cancelled or expired, to be taken to a hospital;
(g)section 129(2) to enable an involuntary community patient who is not complying with an order to attend made under section 128(2) to be taken to a specified place;
(h)section 133(1) to enable an involuntary community patient who is under an inpatient treatment order made under section 120(2)(a), 123(1)(a) or 131(2)(a) to be taken to a hospital.
The regulations may authorise a person, or a person in a class of person, (a transport officer) to carry out a transport order.
(1)A transport order must be in the approved form and must include the following —
(a)the name of the person to be transported;
(b)the place from which the person is to be transported;
(c)the hospital or other place to which the person must be transported;
(d)the reasons why, in order to transport the person to that hospital or other place, it is necessary to make the order;
(e)whether the order is to be carried out by a transport officer or, if section 149(2) applies, a police officer;
(f)if the order is to be carried out by a police officer, having regard to the matters referred to in section 149(2)(a) and (b) — the reasons why it cannot be carried out by a transport officer;
(g)the date and time when the order is made;
(h)the date and time when the order will expire under section 150(2)(a), (b) or (c);
(i)whether or not the order can be extended because of section 151(2) or under section 152(3) and, if it can, the process for extending it;
(j)the name, qualifications and signature of the psychiatrist or practitioner making the order.
(2)A practitioner or psychiatrist who makes a transport order in respect of a person must, as soon as practicable —
(a)file it and give a copy to the person; and
(b)give a copy to the transport officer or police officer responsible for carrying out the order.
149.Operation of transport order
(1)A transport order made in respect of a person authorises a transport officer or, if subsection (2) applies, a police officer to do these things —
(a)apprehend the person and, for that purpose, exercise the powers under sections 159(2) and 172;
(b)if the person is apprehended — transport the person to the hospital or other place specified in the order as soon as practicable and, in any event, before the transport order expires;
(c)for the purpose of transporting the person, detain the person until the first of these things occurs —
(i)the person is received into the hospital or other place;
(ii)the transport order expires.
(2)A transport order can only authorise a police officer instead of a transport officer to carry out the order if the practitioner or psychiatrist making the order is satisfied —
(a)that there is a significant risk of serious harm to the person being transported or to another person; or
(b)that —
(i)a transport officer will not be available to carry out the order within a reasonable time; and
(ii)any delay in carrying out the order beyond that time is likely to pose a significant risk of harm to the person being transported or to another person.
(1)A transport order remains in force for the period specified in subsection (2) in respect of the order.
(2)For subsection (1), the period is —
(a)if the transport order is made under section 29(1), the period —
(i)beginning at the time when the transport order is made; and
(ii)ending at the time when the referral expires under section 44 unless the transport order is extended because of section 151(2);
or
(b)if the transport order is made under section 63(1), the period —
(i)beginning at the time when the transport order is made; and
(ii)ending 72 hours after the time when the inpatient treatment order was made under section 61(1)(a) or the order for a further examination was made under section 61(1)(c), as the case requires, unless the transport order is extended under section 152(3);
or
(c)if the transport order is made under section 67(1), 92(1), 112(1), 129(2) or 133(1), the period —
(i)beginning at the time when the transport order is made; and
(ii)ending 72 hours afterwards unless the transport order is extended under section 152(3).
151.Extension of transport order made under s. 29(1) if referral extended
(1)This section applies if —
(a)a transport order is made under section 29(1) to enable a person who is referred to be taken to an authorised hospital or other place; and
(b)the place from which the person is being transported is outside a metropolitan area; and
(c)the referral is extended under section 45(3).
(2)The transport order is, because of this subsection, extended for the same period as the referral.
152.Extension of other transport orders
(1)This section applies if —
(a)a transport order is made under section 63(1), 67(1), 92(1), 112(1), 129(2) or 133(1) in respect of a person; and
(b)the place from which the person is being transported is outside a metropolitan area; and
(c)the transport officer or police officer who is transporting the person forms the opinion that the transport order is likely to expire before the person is received into the hospital or other place to which the person is being transported.
(2)The transport officer or police officer may orally request an extension of the transport order from a medical practitioner or mental health practitioner.
(3)The practitioner may make an order (an extension order) orally extending the transport order from the end of the period specified in section 150(2)(b) or (c) in respect of the order for the further period (not exceeding 72 hours) specified in the extension order.
(4)The practitioner must, as soon as practicable —
(a)record the extension order in the approved form, specifying —
(i)the date and time when the order was made; and
(ii)the date and time when, because of the extension, the transport order will expire;
and
(b)file the record and give a copy to the transport officer or police officer.
(5)The transport order cannot be extended more than once.
153.Revocation of transport order if referral revoked
A transport order made under section 29(1) in respect of a person who is referred under section 26(2) or (3)(a) is, because of this section, revoked if the referral is revoked under section 31(1).
154.Revocation of transport order if no longer needed
(1)A medical practitioner or mental health practitioner may make an order (a revocation order) revoking a transport order made in respect of a person if satisfied that the transport order is no longer needed.
(2)The revocation order must be in the approved form and must include the following —
(a)the date and time when it is made;
(b)the reasons for the revocation;
(c)the name, qualifications and signature of the practitioner.
(3)The practitioner must, as soon as practicable —
(a)file the revocation order and give a copy to the person; and
(b)give a copy to the transport officer or police officer responsible for carrying out the transport order.
155.Return of person if transport order expires or is revoked
(1)Subsection (2) applies if a transport order made in respect of a person is revoked because of section 153, or expires, before the person is received into the hospital or other place to which the person was to have been transported under the order.
(2)The transport officer or police officer who was responsible for carrying out the transport order must take reasonable steps to ensure the person is taken, at the person’s election —
(a)back to the place from which the person was being or was to have been transported; or
(b)to a place reasonably nominated by the person.
(3)Subsection (2) does not require the person to be taken to a place if to do so poses a serious risk to the safety of the person or another person.
Part 11 — Apprehension, search and seizure powers
Division 1 — Apprehension powers
156.Apprehension by police officer of person suspected of having mental illness
(1)A police officer may apprehend a person if the officer reasonably suspects that the person —
(a)has a mental illness; and
(b)because of the mental illness, needs to be apprehended to —
(i)protect the health or safety of the person or the safety of another person; or
(ii)prevent the person causing, or continuing to cause, serious damage to property.
(2)For the purpose of apprehending a person under subsection (1), a police officer may exercise the powers under sections 159(2) and 172.
(3)A police officer —
(a)must, as soon as practicable after apprehending a person under subsection (1), arrange for the person to be assessed by a medical practitioner or authorised mental health practitioner for the purpose of deciding whether or not to refer the person under section 26(2) or (3)(a) for an examination to be conducted by a psychiatrist; and
(b)is authorised to detain the person until the first of these things occurs —
(i)the person is received into the place where the assessment will be conducted;
(ii)the person is delivered into the care of the medical practitioner or authorised mental health practitioner who will assess the person;
(iii)the police officer is satisfied that the grounds for suspecting that the person needs to be apprehended no longer exist.
(4)This section does not prevent a police officer from charging a person apprehended under subsection (1) with an offence.
157.Assessment of person arrested
(1)This section applies if —
(a)a person is arrested by a police officer on suspicion of having committed an offence; and
(b)the police officer reasonably suspects that the person has a mental illness for which the person is in need of immediate treatment.
(2)The police officer must, as soon as practicable, arrange for the person to be assessed by a medical practitioner or authorised mental health practitioner for the purpose of deciding whether or not to refer the person under section 26(2) or (3)(a) for an examination to be conducted by a psychiatrist.
(3)This section does not prevent a police officer from charging the person arrested with an offence.
158.Police must be notified when person leaves
(1)This section applies if —
(a)the medical practitioner or authorised mental health practitioner referred to in section 156(3)(a) or 157(2) decides not to refer the person under section 26(2) or (3)(a); or
(b)the person, having been referred under section 26(2) or (3)(a), cannot continue to be detained under this Act.
(2)The practitioner or the person in charge of the authorised hospital or other place where the person was being detained under this Act must ensure that —
(a)as soon as practicable, a police officer is informed that the person has not been referred under section 26(2) or (3)(a) or cannot continue to be detained under this Act; and
(b)as soon as practicable after the police officer is informed, a record of these things is filed —
(i)the name of the person who informed the police officer of the person’s release;
(ii)the police officer’s name, rank and location;
(iii)the date and time when the police officer was informed of the person’s release.
159.Apprehension of other persons
(1)This section applies in relation to the apprehension of a person —
(a)under section 99(a) by a police officer or person prescribed for the purpose of carrying out an apprehension and return order; or
(b)under section 149(1)(a) by a transport officer or police officer for the purpose of carrying out a transport order; or
(c)under section 156(1) by a police officer because the person is suspected of having a mental illness and needs to be apprehended.
(2)For the purpose of apprehending the person, the police officer, person prescribed or transport officer may do any of these things —
(a)enter any premises where the person is reasonably suspected to be;
(b)search, in accordance with sections 163 and 172, the person and any article found on or with the person;
(c)seize, in accordance with sections 164 and 172, any article listed in section 164(2) that is found on or with the person.
(3)However, a transport officer can only enter premises prescribed by the regulations for this subsection.
Division 2 — Search and seizure powers
In this Division —
approved form means —
(a)a form approved by the Commissioner of Police under section 169 for use by police officers under this Division; or
(b)a form approved by the Chief Psychiatrist under section 545(1) for use by other persons under this Division.
The regulations may authorise a person, or a person in a class of person, (an authorised person) to exercise the powers under this Division.
162.Search of person while detained or admitted
(1)This section applies —
(a)to any of these people —
(i)a patient who is admitted by a mental health service;
(ii)a person who is detained under this Act at a mental health service or other place to enable an examination to be conducted by a psychiatrist;
(iii)any other person who presents at a mental health service for treatment;
and
(b)at these times —
(i)when the patient or other person is being admitted by, or is being received into, the mental health service or other place;
(ii)at any time while the patient or other person is being provided with treatment or care at the mental health service or other place.
(2)A police officer or authorised person who reasonably suspects that there is on or with the patient or other person any article listed in section 164(2) may —
(a)search, in accordance with sections 163 and 172, the person and any article found on or with the patient or other person; and
(b)seize, in accordance with sections 164 and 172, any article listed in section 164(2) that is found on or with the patient or other person.
(1)This section applies in relation to a search of a person —
(a)under section 159(2)(b) by a police officer, person prescribed or transport officer; or
(b)under section 162(2)(a) by a police officer or authorised person.
(2)Before the search is conducted, the person who will conduct the search must, if reasonably practicable —
(a)identify himself or herself to the person; and
(b)inform the person of the reason for the search; and
(c)request the person to consent to being searched.
(3)The person conducting the search must, if practicable, be a person of the same gender as the person to be searched.
(4)The person conducting the search may do all or any of these things —
(a)scan the person with an electronic or mechanical device, whether hand held or not, to detect any thing;
(b)remove the person’s headwear, gloves, footwear or outer clothing (for example, a coat or jacket), but not the person’s inner clothing or underwear, in order to facilitate a frisk search;
(c)frisk search the person by quickly and methodically running the hands over the outside of the person’s clothing;
(d)search any article removed under paragraph (b).
(5)The person conducting the search may do all or any of these things for the purpose of conducting the search —
(a)search anything being carried by or under the immediate control of the person;
(b)order the person to remove anything that might injure the person conducting the search from any article that the person is wearing;
(c)photograph part or all of the search while it is being done;
(d)order the person to do anything reasonable to facilitate the exercise by the person conducting the search of any power in this section.
(6)The search must be conducted as follows —
(a)the search must be done as quickly as is reasonably practicable;
(b)the search must not be any more intrusive than is reasonably necessary in the circumstances;
(c)if the person conducting the search proposes to remove any article that the person is wearing — the person conducting the search must tell the person why it is considered necessary to do so;
(d)the person must be allowed to dress as soon as the search is finished;
(e)the person must be provided with a reasonably adequate replacement for any article of clothing or footwear seized if, due to the seizure, the person is left without adequate clothing or footwear in the circumstances.
(1)This section applies in relation to the seizure from a person of an article under section 159(2)(c) or 162(2)(b).
(2)Any of these articles may be seized —
(a)an intoxicant;
(b)an article, including a drug that is prescribed for the person, that may pose a serious risk to the health or safety of the person or another person;
(c)an article that the person conducting the search believes is likely to materially assist in determining any question in relation to the person that is likely to arise for determination under this Act.
(3)Any article that is seized must be dealt with under section 166 or 167.
165.Record of search and seizure
(1)A person who conducts a search of a person under section 159(2)(b) or 162(2)(a) must, as soon as practicable —
(a)record the search in accordance with subsection (2); and
(b)give the record of the search to, as the case requires —
(i)the person in charge of the mental health service or other place to which the person searched is required to be taken under the apprehension and return order or the transport order; or
(ii)the person in charge of the mental health service or other place at which the person searched is received, or the medical practitioner or authorised mental health practitioner into whose care the person is delivered, under section 156(3)(b)(i) or (ii); or
(iii)the person searched if the person is released without being taken to a mental health service or other place or delivered into the care of a medical practitioner or authorised mental health practitioner; or
(iv)the person in charge of the mental health service or other place where the search is conducted under section 162(2)(a).
(2)The record of the search must be in the approved form and must include the following —
(a)the date and time the search was conducted;
(b)the reasons for conducting the search;
(c)any article seized under section 159(2)(c) or 162(2)(b) in the course of the search;
(d)the name, sex, qualifications and signature of the person who conducted the search.
(3)The person to whom the record of the search is given under subsection (1)(b)(i), (ii) or (iv) must ensure that, as soon as practicable, the record is filed and a copy given to the person searched.
166.Dealing with articles seized when person apprehended
(1)This section applies in relation to an article that is seized under section 159(2)(c) from a person who is apprehended under section 99(a), 149(1)(a) or 156(1).
(2)The article must be dealt with —
(a)under subsection (3)(a) or (b); or
(b)otherwise according to law.
(3)The article must be —
(a)given to, as the case requires —
(i)the person in charge of the mental health service or other place referred to in section 165(1)(b)(i), (ii) or (iv) when the person is received there; or
(ii)the medical practitioner or authorised mental health practitioner referred to in section 165(1)(b)(ii) when the person is delivered into the practitioner’s care;
or
(b)if the person is released without being taken to a mental health service or other place or delivered into the care of a medical practitioner or authorised mental health practitioner — returned to the person when the person is released.
(4)A person who deals with an article under subsection (2)(a) or (b) must, as soon as practicable —
(a)record in the approved form details of how the article was dealt with; and
(b)give the record of those details to, as the case requires —
(i)the person in charge of the mental health service or other place referred to in section 165(1)(b)(i), (ii) or (iv) when the person is received there; or
(ii)the medical practitioner or authorised mental health practitioner referred to in section 165(1)(b)(ii) when the person is delivered into the practitioner’s care; or
(iii)if the person is released without being taken to a mental health service or other place or delivered into the care of a medical practitioner or authorised mental health practitioner — the person when the person is released.
(5)A person to whom a record is given under subsection (4)(b)(i) or (ii) must ensure that the record is filed as soon as practicable.
167.Return of articles given to or seized by mental health service
(1)This section applies in relation to an article that is —
(a)seized from a patient or other person under section 162(2)(b); or
(b)given to the person in charge of a mental health service or other place under section 166(3)(a)(i).
(2)The article must be dealt with —
(a)under subsection (3), (4), (5) or (6); or
(b)otherwise according to law.
(3)The article must be returned to the person when the person is released or discharged by or otherwise leaves the mental health service or other place unless subsection (4) applies.
(4)If, in the opinion of the person in charge of the mental health service or other place, the return of the article to the person may pose a serious risk to the health or safety of the person or another person, the article must be given to a carer, close family member or other personal support person of the person when the person is released or discharged by or otherwise leaves the mental health service or other place unless the person in charge considers that it is not appropriate to do so.
(5)If the article is not dealt with under subsection (3) or (4) when the person is released or discharged by or otherwise leaves the mental health service or other place —
(a)the article may be returned to the person, or may be given to a carer, close family member or other personal support person of the person, at any time afterwards; and
(b)subsections (3) and (4) apply (with the necessary changes) in relation to the article.
(6)If the article is not dealt with under subsection (3), (4) or (5), it —
(a)must be stored at the mental health service or other place; and
(b)may be destroyed or otherwise disposed of after 6 months.
(7)The person in charge of the mental health service or other place must ensure that a record of how the article was dealt with under this section is filed.
(8)The record must be in the approved form and must include these things —
(a)details of the article;
(b)if the article was returned to the person — the date when it was returned;
(c)if the article was not returned to the person — the reasons for not returning it;
(d)if the article was given to a carer, close family member or other personal support person — the date when it was given to that person;
(e)if the article was not given to a carer, close family member or other personal support person — the reasons for not giving it to that person;
(f)if the article was destroyed or otherwise disposed of under subsection (6)(b) —
(i)the date when it was destroyed or disposed of; and
(ii)the manner in which it was destroyed or disposed of;
(g)if the article was dealt with under subsection (2)(b) — any other relevant information.
168.Return of articles given to medical practitioner or authorised mental health practitioner
(1)This section applies in relation to an article that is given to a medical practitioner or authorised mental health practitioner under section 166(3)(a)(ii) who decides not to refer under section 26(2) or (3)(a) the person from whom the article was seized.
(2)The medical practitioner or authorised mental health practitioner must ensure that, as soon as practicable —
(a)the article is returned to the person or otherwise dealt with according to law; and
(b)a record of how the article was dealt with under paragraph (a) is filed and a copy given to the person.
169.Approval of forms for use by police officers under this Division
The Commissioner of Police may approve forms for use by police officers under this Division.
Note for section 169:
The Chief Psychiatrist approves forms for use by other persons under this Division (see section 545(1)).
Part 12 — Exercise of certain powers
170.Principles relating to detention
These principles apply in relation to the detention of a person under this Act —
(a)the person must be detained for as brief a period as practicable;
(b)the degree of any force used to detain the person must be the minimum that is required to be used for that purpose;
(c)while the person is detained —
(i)there must be the least possible restriction on the person’s freedom of choice and movement consistent with the person’s detention; and
(ii)the person is entitled to reasonable privacy consistent with the person’s detention; and
(iii)the person must be treated with dignity and respect.
Division 2 — Ancillary powers: reasonable assistance and force and directions
171.Term used: prescribed provision
In this Division —
prescribed provision means a provision listed in the Table.
Table
|
s. 83(2)(c) |
s. 86(c) |
|
s. 99 |
s. 130(3) |
|
s. 149(1) |
Part 11 |
|
s. 225 |
|
172.Reasonable assistance and reasonable force authorised
(1)A person exercising a power under a prescribed provision may request another person to give the person reasonable assistance in exercising that power.
(2)A person exercising, or assisting in accordance with a request under subsection (1) another person in exercising, a power under a prescribed provision may use reasonable force in doing so.
A person assisting a person in exercising a power under a prescribed provision must obey any lawful and reasonable direction of that person.
Penalty: a fine of $6 000.
174.Other written laws not affected
A prescribed provision does not affect any other written law relating to the apprehension or search of a person or to the seizure of an article from a person.
Note for Division 2:
It is an offence to obstruct or hinder a person exercising, or assisting another person to exercise, a power under a prescribed provision (see section 580).
Part 13 — Provision of treatment generally
Division 1 — Voluntary patients
175.Informed consent necessary
(1)A voluntary patient cannot be provided with treatment without informed consent being given to the provision of the treatment.
(2)Subsection (1) does not apply in relation to any of these treatments because this Act makes specific provision in respect of each of them —
(a)electroconvulsive therapy;
(b)emergency psychiatric treatment;
(c)psychosurgery;
(d)treatment that is prohibited by section 210(1).
176.Informed consent must be filed
(1)The person responsible under subsection (2) must ensure that any informed consent given to the provision of treatment to a voluntary patient is filed.
(2)For subsection (1), the person responsible is —
(a)if the treatment is provided at a mental health service — the person in charge of the mental health service; or
(b)if the treatment is provided at a place other than a mental health service — the medical practitioner or mental health practitioner providing the treatment.
(3)The record of the informed consent must include —
(a)the date when the informed consent was given; and
(b)whether the informed consent was given —
(i)by the patient himself or herself; or
(ii)by a person authorised by law to give the informed consent on the patient’s behalf;
and
(c)if paragraph (b)(ii) applies —
(i)the name and contact details of the person who gave the informed consent; and
(ii)details of the person’s authority to do so.
Notes for section 176:
1.For section 176(3)(b)(i), an adult can give consent by making an advance health directive (see the GAA Act section 110ZJ(2)).
2.For section 176(3)(b)(ii) —
(a)an adult’s enduring guardian or guardian or the person responsible for an adult can give consent on the adult’s behalf (see the GAA Act section 110ZJ(3) to (5)); or
(b)a child’s parent or guardian can give consent on the child’s behalf (see section 302(3) of this Act).
Division 2 — Involuntary patients and mentally impaired accused
177.Application of this Division
This Division applies in relation to —
(a)an involuntary patient; or
(b)a patient who is a mentally impaired accused required under the MIA Act to be detained at an authorised hospital.
178.Informed consent not necessary
(1)The patient can be provided with treatment without informed consent being given to the provision of the treatment.
(2)Subsection (1) does not apply in relation to any of these treatments because this Act makes specific provision in respect of each of them —
(a)electroconvulsive therapy;
(b)emergency psychiatric treatment;
(c)psychosurgery;
(d)treatment that is prohibited by section 210(1).
179.Patient’s psychiatrist must ensure regard had to patient’s wishes
(1)The patient’s psychiatrist must ensure that a medical practitioner, in deciding what treatment will be provided to the patient, has regard to the patient’s wishes in relation to the provision of treatment, to the extent that it is practicable to ascertain those wishes.
(2)The patient’s psychiatrist must ensure that a record of the following is filed —
(a)the patient’s wishes, to the extent they were able to be ascertained by the medical practitioner; and
(b)the things to which the medical practitioner had regard in ascertaining the patient’s wishes; and
(c)if the decision made by the medical practitioner is inconsistent with a treatment decision in an advance health directive, or a term of an enduring power of guardianship, made by the patient — the reasons the decision was made.
(3)The patient’s psychiatrist must ensure that, as soon as practicable, each of these people is given a copy of the reasons referred to in subsection (2)(c) —
(a)the patient;
(b)if the patient has an enduring guardian or guardian — the enduring guardian or guardian;
(c)if the patient has a nominated person — the nominated person unless the nominated person is not entitled, for the reason referred to in section 269(1), to be given a copy;
(d)if the patient has a carer — the carer unless the carer is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy;
(e)if the patient has a close family member — the close family member unless the close family member is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy;
(f)the Chief Psychiatrist;
(g)the Chief Mental Health Advocate.
(4)The patient’s psychiatrist is not required to comply with subsection (3) in relation to a decision made by a medical practitioner if each of the people referred to in subsection (2)(c) has been given a copy of the reasons for an earlier decision made by a medical practitioner that was inconsistent with the same treatment decision in the advance health directive or the same term in the enduring power of guardianship.
Notes for section 179:
1.For the purpose of a medical practitioner ascertaining the patient’s wishes, Part 2 Division 4 applies.
2.In deciding what treatment will be provided to the patient, a medical practitioner must also have regard to —
(a)if the patient is a child, the views of the child’s parent or guardian (see section 301); and
(b)if the patient has a nominated person, except in certain circumstances, the views of the nominated person (see Part 16 Division 3 Subdivision 1); and
(c)if the patient has a carer or close family member, except in certain circumstances, the views of the carer or close family member (see Part 17 Division 2).
180.Requirements for ascertaining patient’s wishes
(1)The patient’s psychiatrist must ensure that, before a patient’s wishes in relation to the provision of treatment are sought to be ascertained, the patient is (to the extent that it is practicable to do so) to be —
(a)provided with the same explanation of the treatment; and
(b)given the same amount of time for consideration of the matters involved in the provision of the treatment; and
(c)given the same opportunities to discuss and obtain advice or assistance in relation to the provision of the treatment,
as would be required to be provided or given to a person before being asked to make a treatment decision about the provision of the treatment.
(2)For the purpose of subsection (1), sections 19 and 20 apply (with the necessary changes) in relation to ascertaining the patient’s wishes in relation to the provision of the treatment.
Note for section 180:
Any explanation provided under section 180(1)(a) must be provided in accordance with section 9(2).
181.Record of treatment to be filed
The patient’s psychiatrist must ensure that a record of the treatment provided to the patient is filed.
182.Further opinion may be requested
(1)This section applies in relation to any of these people —
(a)the patient, whether or not the patient has the capacity to give informed consent to the treatment being provided to him or her were that consent required;
(b)if the patient does not have that capacity — the person who is authorised by law to give that consent on the patient’s behalf were that consent required;
(c)if the patient has a nominated person — the nominated person;
(d)if the person has a carer — the carer;
(e)if the person has a close family member — the close family member.
(2)A person to whom this section applies who is dissatisfied with the treatment being provided to the patient may request orally or in writing the patient’s psychiatrist or the Chief Psychiatrist to obtain the opinion (a further opinion) of a psychiatrist who is not the patient’s psychiatrist about whether it is appropriate to provide the treatment to the patient.
(3)The patient’s psychiatrist or the Chief Psychiatrist must file a record of an oral request or a written request.
(4)The patient’s psychiatrist or the Chief Psychiatrist must obtain the further opinion as soon as practicable after receiving the request unless —
(a)if a person referred to in subsection (1)(b) to (e) requests the further opinion — the patient objects to the further opinion being obtained; or
(b)under section 183 —
(i)the patient’s psychiatrist or the Chief Psychiatrist decides not to comply with the request; and
(ii)if the patient’s psychiatrist decides not to comply with the request — the Chief Psychiatrist confirms that decision.
(5)In obtaining the further opinion, the patient’s psychiatrist or the Chief Psychiatrist must have regard to the guidelines published under section 547(1)(c) about the independence of psychiatrists from whom further opinions are obtained.
(6)A psychiatrist cannot give a further opinion without examining the patient in accordance with Part 6 Division 3 Subdivision 6.
(7)The further opinion must be given in writing and may include recommendations about the provision of treatment to the patient.
(8)The patient’s psychiatrist must, as soon as practicable after obtaining the further opinion —
(a)file the opinion and give a copy to the patient; and
(b)if the opinion was requested by a person other than the patient — give a copy to that other person.
(9)The Chief Psychiatrist must, as soon as practicable after obtaining the further opinion, give a copy to each of these people —
(a)the patient’s psychiatrist, who must file the copy as soon as practicable;
(b)the patient;
(c)if the opinion was requested by a person other than the patient — that other person.
(10)In providing treatment to the patient, the patient’s psychiatrist must have regard to any further opinion relating to the provision of that treatment that is obtained under this section, including any recommendations included in the opinion under subsection (7).
183.Request for additional opinion may be refused
(1)This section applies if —
(a)a further opinion about the treatment being provided to a patient has been obtained under section 182; and
(b)a person in relation to whom that provision applies requests that the patient’s psychiatrist or the Chief Psychiatrist obtain an additional opinion under that provision about the treatment being provided to the patient.
(2)The patient’s psychiatrist or the Chief Psychiatrist may refuse to comply with the request if satisfied that, having regard to the guidelines published under section 547(1)(d) for that purpose, the additional opinion is not warranted.
(3)The patient’s psychiatrist must, as soon as practicable after deciding under subsection (2) not to comply with the request —
(a)file a record of the decision and the reasons for it; and
(b)give a copy to each of these people —
(i)the patient;
(ii)if the additional opinion was requested by a person other than the patient — that other person;
(iii)the Chief Psychiatrist.
(4)The Chief Psychiatrist must, as soon as practicable after receiving a copy of the record from the patient’s psychiatrist —
(a)confirm or refuse to confirm the decision of the patient’s psychiatrist; and
(b)record the confirmation or refusal and the reasons for it; and
(c)give a copy of the record to each of these people —
(i)the patient;
(ii)if the additional opinion was requested by a person other than the patient — that other person;
(iii)the patient’s psychiatrist, who must file the copy as soon as practicable.
(5)The Chief Psychiatrist must, as soon as practicable after deciding under subsection (2) not to comply with the request —
(a)file a record of the decision and the reasons for it; and
(b)give a copy of the record to each of these people —
(i)the patient;
(ii)if the additional opinion was requested by a person other than the patient — that other person;
(iii)the patient’s psychiatrist, who must file the copy as soon as practicable.
184.Chief Psychiatrist may request reconsideration of treatment
(1)This section applies if, after any further opinion in relation to a patient is obtained under section 182, the person who requested that it be obtained remains dissatisfied with the treatment being provided to the patient and advises the Chief Psychiatrist orally or in writing of that dissatisfaction.
(2)The Chief Psychiatrist must file a record of an oral advice or a written advice.
(3)The Chief Psychiatrist may request the patient’s psychiatrist to —
(a)reconsider the decision to provide the treatment; and
(b)give the Chief Psychiatrist a written report about the outcome of the reconsideration and the reasons for it.
(4)The patient’s psychiatrist must, as soon as practicable —
(a)give the report to the Chief Psychiatrist and file a copy; and
(b)give a copy to each of these people —
(i)the patient;
(ii)if the further opinion was requested by a person other than the patient — that other person.
(5)Subsection (1) does not limit the powers of the Chief Psychiatrist under section 520.
Division 3 — Treatment, support and discharge planning
185.Application of this Division
This Division applies in relation to —
(a)a patient who is admitted by a hospital as an involuntary patient whose detention at the hospital is authorised under an inpatient treatment order; or
(b)a patient who is admitted by an authorised hospital as a mentally impaired accused required under the MIA Act to be detained at the hospital; or
(c)a patient who is under a community treatment order.
186.Treatment, support and discharge plan
(1)The treatment, care and support provided to a patient must be governed by a treatment, support and discharge plan.
(2)The treatment, support and discharge plan for a patient referred to in section 185(a) or (b) must outline —
(a)the treatment and support that will be provided to the patient while admitted by the authorised hospital; and
(b)the treatment and support that will be offered to the patient after the patient is discharged by the hospital.
(3)The treatment, support and discharge plan for a patient referred to in section 185(c) must outline —
(a)the treatment and support that will be provided to the patient under the community treatment order as set out in that order; and
(b)the treatment and support that will be offered to the patient when the patient is no longer under the community treatment order.
187.Preparation and review of plan
(1)A patient’s psychiatrist must ensure that a treatment, support and discharge plan for the patient —
(a)is prepared as soon as practicable after the patient is admitted by the hospital or the community treatment order is made; and
(b)is reviewed regularly; and
(c)is revised as necessary.
(2)The plan must be prepared, reviewed and revised having regard to the guidelines published under section 547(1)(e) for that purpose.
(3)The patient’s psychiatrist must ensure that —
(a)the plan (as prepared and as revised) is filed; and
(b)a copy of the plan (as prepared and as revised) is given to each of these people —
(i)the patient;
(ii)the person referred to in section 188(1)(b);
(iii)if the patient is a child — the child’s parent or guardian;
(iv)if the patient has a nominated person — the nominated person unless the nominated person is not entitled, for the reason referred to in section 269(1), to be given a copy;
(v)if the patient has a carer — the carer unless the carer is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy;
(vi)if the patient has a close family member — the close family member unless the close family member is not entitled, for the reason referred to in section 288(2) or 292(1), to be given a copy.
(4)The patient’s psychiatrist may also ensure that a copy of the plan (as prepared or as revised) is given to any other person or body that the psychiatrist considers appropriate.
Note for section 187:
For section 187(4), the patient’s psychiatrist may for example consider it appropriate to give a copy of the plan to a community mental health service.
188.Involvement in preparation and review of plan
(1)A patient’s psychiatrist must ensure that each of these people is involved in the preparation and review of the treatment, support and discharge plan for the patient —
(a)the patient —
(i)whether or not the patient has the capacity to consent to the plan being implemented in relation to himself or herself; and
(ii)whether or not the plan can be implemented without the patient’s consent;
(b)if the patient does not have the capacity referred to in paragraph (a)(i) —
(i)if the plan cannot be implemented without the patient’s consent — the person who is authorised by law to consent on the patient’s behalf; or
(ii)if the plan can be implemented without the patient’s consent — the person who would be authorised by law to consent on the patient’s behalf if the plan could not have been implemented without consent;
(c)if the patient is a child — the child’s parent or guardian;
(d)if the patient has a nominated person — the nominated person unless the nominated person is not entitled under section 269 to be involved;
(e)if the patient has a carer — the carer unless the carer is not entitled under section 288(2) or 292(1) to be involved;
(f)if the patient has a close family member — the close family member unless the close family member is not entitled under section 288(2) or 292(1) to be involved.
(2)Without limiting a requirement under subsection (1)(b) to involve the person who is or would be required by law to consent on the patient’s behalf, or under subsection (1)(c) to involve the child’s parent or guardian, in the preparation or review of the treatment, support and discharge plan, the requirement is taken to be complied with if the patient’s psychiatrist ensures that reasonable efforts continue to be made to involve the person in the preparation or review of the treatment, support and discharge plan until the first of these things occurs —
(a)the person is involved in that preparation or review;
(b)it is reasonable for the patient’s psychiatrist to conclude that the person cannot be involved in that preparation or review.
(3)Part 16 Division 3 Subdivision 2 applies in relation to a requirement under subsection (1)(d) to involve the patient’s nominated person in the preparation or review of the treatment, support and discharge plan.
(4)Part 17 Division 2 applies in relation to a requirement under subsection (1)(e) to consult a carer of the involuntary inpatient, or under subsection (1)(f) to consult a close family member of the patient, in the preparation or review of the treatment, support and discharge plan.
(5)The patient’s psychiatrist may also ensure that any other person or body that the psychiatrist considers appropriate is involved in the preparation or review of the treatment, support and discharge plan for the patient.
(6)The patient’s psychiatrist must ensure that each of the following is filed —
(a)a record of the involvement of any person referred to in subsection (1)(b) to (f), or any person or body referred to in subsection (5), in the preparation or review of the treatment, support and discharge plan;
(b)if a person referred to in subsection (1)(b) to (f) could not be involved in the preparation or review of the treatment, support and discharge plan — a record of the efforts made to do so.
Note for section 188:
For section 188(5), the patient’s psychiatrist may for example consider it appropriate to involve a community mental health service.
Division 4 — Provision of treatment to patients of Aboriginal or Torres Strait Islander descent
189.Provision of treatment to patient of Aboriginal or Torres Strait Islander descent
To the extent that it is practicable and appropriate to do so, treatment provided to a patient who is of Aboriginal or Torres Strait Islander descent must be provided in collaboration with —
(a)Aboriginal or Torres Strait Islander mental health workers; and
(b)significant members of the patient’s community, including elders and traditional healers.
Division 5 — Compliance with standards and guidelines
190.Mental health service must comply with standards
The person in charge of a mental health service must ensure that any standards published under section 547(2) applicable to the mental health service are complied with.
191.Mental health service must take guidelines into account
The person in charge of a mental health service must ensure that, in the provision by the mental health service of treatment and care to persons who have a mental illness, regard is had to any guidelines published under section 547(1) or (3) applicable to that treatment and care.
Part 14 — Regulation of certain kinds of treatment and other interventions
Division 1 — Electroconvulsive therapy
192.Electroconvulsive therapy (ECT): meaning
Electroconvulsive therapy is treatment involving the application of electric current to specific areas of a person’s head to produce a generalised seizure that is modified by general anaesthesia and the administration of a muscle relaxing agent.
A person must not perform electroconvulsive therapy on another person except in accordance with sections 194 to 199.
Penalty: a fine of $15 000 and imprisonment for 2 years.
194.ECT on child under 14 years prohibited
A person cannot perform electroconvulsive therapy on a child under 14 years of age.
195.ECT on child over 14 years who is voluntary patient
(1)This section applies in relation to a child who has reached 14 years of age but is under 18 years of age and is a voluntary patient.
(2)A medical practitioner can perform electroconvulsive therapy on the child if —
(a)informed consent is given to the electroconvulsive therapy being performed; and
(b)the Mental Health Tribunal approves under Part 21 Division 6 the electroconvulsive therapy being performed; and
(c)in performing the electroconvulsive therapy, the medical practitioner has regard to the guidelines published under section 547(1)(f) for that purpose.
Note for section 195:
For section 195(2)(a), the child or the child’s parent or guardian can give informed consent (see sections 14 and 15).
196.ECT on child over 14 years who is involuntary patient or mentally impaired accused
(1)This section applies in relation to a child who has reached 14 years of age but is under 18 years of age and is —
(a)an involuntary patient; or
(b)a patient who is a mentally impaired accused required under the MIA Act to be detained at an authorised hospital.
(2)A medical practitioner can perform electroconvulsive therapy on the child if —
(a)the Mental Health Tribunal approves under Part 21 Division 6 the electroconvulsive therapy being performed; and
(b)in performing the electroconvulsive therapy, the medical practitioner has regard to the guidelines published under section 547(1)(f) for that purpose.
197.ECT on adult voluntary patient
(1)This section applies in relation to an adult who is a voluntary patient.
(2)A medical practitioner can perform electroconvulsive therapy on the patient if —
(a)informed consent is given to the electroconvulsive therapy being performed; and
(b)the electroconvulsive therapy is performed at a mental health service approved under section 544 for that purpose; and
(c)in performing the electroconvulsive therapy, the medical practitioner has regard to the guidelines published under section 547(1)(f) for that purpose.
Notes for section 197:
1.For section 197(2)(a), an adult can give informed consent in an advance health directive (see the GAA Act section 110ZJ(2)) or an adult’s enduring guardian or guardian or the person responsible for the adult can give informed consent on the adult’s behalf (see the GAA Act section 110ZJ(3) to (5)).
2.The GAA Act sections 110ZI and 110ZIA do not apply in relation to the performance of ECT on an adult who is a voluntary patient.
198.ECT on adult involuntary patient or mentally impaired accused
(1)This section applies in relation to an adult who is —
(a)an involuntary patient; or
(b)a patient who is a mentally impaired accused required under the MIA Act to be detained at an authorised hospital.
(2)A medical practitioner can perform electroconvulsive therapy on the patient if —
(a)the Mental Health Tribunal approves under Part 21 Division 6 the electroconvulsive therapy being performed; and
(b)in performing the electroconvulsive therapy, the medical practitioner has regard to the guidelines published under section 547(1)(f) for that purpose.
199.Emergency ECT on adult involuntary patient or mentally impaired accused
(1)This section applies in relation to an adult who is —
(a)an involuntary patient; or
(b)a patient who is a mentally impaired accused required under the MIA Act to be detained at an authorised hospital.
(2)A medical practitioner can perform electroconvulsive therapy on the patient if —
(a)the patient needs to be provided with electroconvulsive therapy —
(i)to save the patient’s life; or
(ii)because there is an imminent risk of the patient behaving in a way that is likely to result in serious physical injury to the patient or another person;
and
(b)the electroconvulsive therapy is performed at a mental health service approved under section 544 for that purpose; and
(c)the Chief Psychiatrist approves the electroconvulsive therapy being performed; and
(d)in performing the electroconvulsive therapy, the medical practitioner has regard to the guidelines published under section 547(1)(f) for that purpose.
(3)In approving the electroconvulsive therapy being performed, the Chief Psychiatrist must have regard to the guidelines published under section 547(1)(f) for that purpose.
200.Report to Mentally Impaired Accused Review Board
(1)This section applies in relation to a patient who is a mentally impaired accused required under the MIA Act to be detained at an authorised hospital.
(2)The patient’s psychiatrist must report the performance of a course of electroconvulsive therapy on the patient as soon as practicable to the Mentally Impaired Accused Review Board.
(3)The report must be accompanied by a copy of the approval of the Mental Health Tribunal or the Chief Psychiatrist, as the case requires.
(1)This section applies in relation to a mental health service where electroconvulsive therapy is performed.
(2)In this section —
month means any of the 12 months of the year;
serious adverse event, in relation to a course of treatments with electroconvulsive therapy, includes any of the following —
(a)premature consciousness during a treatment;
(b)anaesthetic complications (for example, cardiac arrhythmia) during recovery from a treatment;
(c)an acute and persistent confused state during recovery from a treatment;
(d)muscle tears or vertebral column damage;
(e)severe and persistent headaches;
(f)persistent memory deficit.
(3)The person in charge of the mental health service must, as soon as practicable after the end of each month, report to the Chief Psychiatrist on these matters —
(a)the number of people in respect of whom a course of electroconvulsive therapy at the mental health service was completed under subsection (4), or was discontinued under subsection (5), during the month;
(b)the number of those people who were children;
(c)the number of those people who were voluntary patients;
(d)the number of those voluntary patients who were children;
(e)the number of those people who were involuntary patients;
(f)the number of those involuntary patients who were children;
(g)the number of those people who were mentally impaired accused required under the MIA Act to be detained at an authorised hospital;
(h)the number of those mentally impaired accused who were children;
(i)the number of treatments with electroconvulsive therapy in each of those courses;
(j)the number of those courses that were courses of emergency electroconvulsive therapy performed under section 199;
(k)details of any serious adverse event that occurred, or is suspected of having occurred, during or after any of those courses.
(4)For the purposes of subsection (3)(a), a course of electroconvulsive therapy is taken to have been completed during a month if the last treatment in the course was performed during the month, whether or not any of the other treatments in the course were performed during the month.
(5)For the purposes of subsection (3)(a), a course of electroconvulsive therapy is taken to have been discontinued during a month if —
(a)one or more of the treatments in the course have been performed, whether or not during the month; and
(b)the decision not to perform any more of the treatments in the course was made (for whatever reason) during the month.
(6)The report must be in the approved form.
Division 2 — Emergency psychiatric treatment
202.Emergency psychiatric treatment: meaning
(1)Emergency psychiatric treatment is treatment that needs to be provided to a person —
(a)to save the person’s life; or
(b)to prevent the person from behaving in a way that is likely to result in serious physical injury to the person or another person.
(2)Emergency psychiatric treatment does not include any of these treatments —
(a)electroconvulsive therapy;
(b)psychosurgery;
(c)treatment that is prohibited by section 210(1).
203.Informed consent not required
A medical practitioner may provide a person with emergency psychiatric treatment without informed consent being given to the provision of the treatment.
Note for section 203:
The GAA Act sections 110ZI and 110ZIA do not apply in relation to emergency psychiatric treatment.
204.Record of emergency psychiatric treatment
(1)A medical practitioner who provides emergency psychiatric treatment to a person must, as soon as practicable —
(a)file a record, in accordance with subsection (2), of the provision of the emergency psychiatric treatment to the person; and
(b)give a copy of the record to each of these people —
(i)the person;
(ii)the Chief Psychiatrist;
(iii)if the person is a mentally impaired accused — the Mentally Impaired Accused Review Board.
(2)The record of the treatment provided must be in the approved form and must include these things —
(a)the name of the person provided with the treatment;
(b)the name and qualifications of the practitioner who provided the treatment;
(c)the names of any other people involved in providing the treatment;
(d)the date, time and place the treatment was provided;
(e)particulars of the circumstances in which the treatment was provided;
(f)particulars of the treatment provided.
Psychosurgery is treatment involving —
(a)the use of a surgical technique or procedure or intracerebral electrodes to create in a person’s brain a lesion intended (whether alone or in combination with one or more other lesions created at the same or other times) to alter permanently —
(i)the person’s thoughts or emotions; or
(ii)the person’s behaviour other than behaviour secondary to a paroxysmal cerebral dysrhythmia;
or
(b)the use of intracerebral electrodes to stimulate a person’s brain without creating a lesion with the intention that the stimulation (whether alone or in combination with other such stimulation at the same or other times) will influence or alter temporarily —
(i)the person’s thoughts or emotions; or
(ii)the person’s behaviour other than behaviour secondary to a paroxysmal cerebral dysrhythmia.
A person must not perform psychosurgery on another person except in accordance with sections 207 and 208.
Penalty: imprisonment for 5 years.
207.Psychosurgery on child under 16 years prohibited
A person cannot perform psychosurgery on a child under 16 years of age.
208.Psychosurgery on adult or child over 16 years old
(1)This section applies in relation to a patient who is —
(a)an adult; or
(b)a child who has reached 16 years of age but is under 18 years of age.
(2)A neurosurgeon can perform psychosurgery on the patient if —
(a)the patient gives informed consent to the psychosurgery being performed on himself or herself; and
(b)the Mental Health Tribunal approves under Part 21 Division 7 the psychosurgery being performed.
Notes for section 208:
1.For the purpose of section 208(2)(a), an adult patient can give informed consent in an advance health directive (see the GAA Act section 110ZJ(2)).
2.For the purpose of section 208(2)(a), a child can only give informed consent if the child has the capacity to do so (see Part 5 Division 1).
209.Report to Chief Psychiatrist and Mentally Impaired Accused Review Board
(1)A patient’s psychiatrist must report the performance of psychosurgery on the patient as soon as practicable to —
(a)the Chief Psychiatrist; and
(b)if the patient is a mentally impaired accused — the Mentally Impaired Accused Review Board.
(2)The report must be accompanied by a copy of the Mental Health Tribunal’s approval.
Division 4 — Deep sleep and insulin coma therapy
210.Deep sleep and insulin coma therapy prohibited
(1)A person must not perform any of these things on another person —
(a)deep sleep therapy;
(b)insulin coma therapy;
(c)insulin sub coma therapy.
Penalty: imprisonment for 5 years.
(2)An offence under subsection (1) is a crime.
In this Division —
oral authorisation means an authorisation given orally under section 214(1);
seclusion order —
(a)means a seclusion order made under section 215(1); and
(b)includes a seclusion order as extended under section 218(1).
(1)Seclusion is the confinement of a person who is being provided with treatment or care at an authorised hospital by leaving the person at any time of the day or night alone in a room or area from which it is not within the person’s control to leave.
(2)A person is not secluded merely because the person is alone in a room or area that the person is unable to leave because of frailty, illness or mental or physical disability.
213.Seclusion must be authorised
A person must not keep another person in seclusion except in accordance with an oral authorisation or a seclusion order.
Penalty: a fine of $6 000.
(1)A medical practitioner or mental health practitioner at an authorised hospital or the person in charge of a ward at an authorised hospital may orally authorise the seclusion of any of these people —
(a)a person who is a patient admitted by the authorised hospital;
(b)a person who is referred under section 26(2) or 36(2) for an examination to be conducted by a psychiatrist at the authorised hospital;
(c)a person who is under an order made under section 55(1)(c) or 61(1)(c) to enable an examination to be conducted by a psychiatrist at the authorised hospital.
(2)A person cannot give an oral authorisation in respect of a person unless satisfied of the matters specified in section 216.
(3)A person giving an oral authorisation in respect of a person must specify the room or area where the person can be secluded.
(4)A person who gives an oral authorisation in respect of a person must, as soon as practicable after the person is secluded under the authorisation —
(a)record the oral authorisation in the approved form, specifying the following —
(i)the date and time when it was given;
(ii)the room or area specified under subsection (3);
(iii)the reasons for giving it;
and
(b)file the record and give a copy to the person.
(5)A mental health practitioner or the person in charge of a ward who gives an oral authorisation in respect of a person must, as soon as practicable and, in any event, within sufficient time to enable the person to be examined as required by section 222(4) or 223(2), inform a medical practitioner as to whether —
(a)the person is secluded under the oral authorisation; or
(b)the person was secluded under the oral authorisation but has since been released from seclusion.
(6)A mental health practitioner or the person in charge of a ward who informs a medical practitioner under subsection (5) must, as soon as practicable —
(a)record in the approved form —
(i)the medical practitioner’s name and qualifications; and
(ii)the date and time when the medical practitioner was informed;
and
(b)file the record and give a copy to the person.
(7)If a seclusion order confirming the oral authorisation is not made (either by the person who gave the oral authorisation or, if that person is not reasonably available, another person who is authorised to make a seclusion order) as soon as practicable and, in any event, within 2 hours after the time when the person is secluded under the authorisation —
(a)the person cannot continue to be secluded and must be released from seclusion; and
(b)the person who gave the oral authorisation or, if that person is not reasonably available, another person who is authorised to make a seclusion order must ensure that the person is informed of that fact and released from seclusion.
(1)A medical practitioner or mental health practitioner at an authorised hospital or the person in charge of a ward at an authorised hospital may make a seclusion order authorising the seclusion of any of these people —
(a)a person who is a patient admitted by the authorised hospital;
(b)a person who is referred under section 26(2) or 36(2) for an examination to be conducted by a psychiatrist at the authorised hospital;
(c)a person who is under an order made under section 55(1)(c) or 61(1)(c) to enable an examination to be conducted by a psychiatrist at the authorised hospital.
(2)A person cannot make a seclusion order in respect of a person unless satisfied of the matters specified in section 216.
(3)A seclusion order must be in the approved form and must include the following —
(a)the name and date of birth of the person being secluded under the order;
(b)the date and time when the order is made;
(c)the date and time when any oral authorisation being confirmed by the order was given;
(d)the period for which the person can be secluded under the order, which cannot exceed 2 hours including the period for which the person was secluded under any oral authorisation being confirmed by the order;
(e)the room or area where the person can be secluded;
(f)with reference to the criteria specified in section 216(1), the reasons for authorising the seclusion;
(g)if a mental health practitioner or the person in charge of a ward makes the order — with reference to the criteria specified in section 216(2), the reasons for the urgency;
(h)particulars of any observations made about the person —
(i)if the order is confirming an oral authorisation — when the person was secluded under the oral authorisation; or
(ii)otherwise — when the person is secluded under the order;
(i)particulars of any directions given by a medical practitioner or mental health practitioner about the treatment and care to be provided to the person while secluded;
(j)the name, qualifications and signature of the person making the order.
(4)A mental health practitioner or the person in charge of a ward who makes a seclusion order in respect of a person must, as soon as practicable and, in any event, within sufficient time to enable the person to be examined as required by section 222(4) or 223(2), inform a medical practitioner as to whether —
(a)the person is secluded under the seclusion order; or
(b)the person was secluded under the seclusion order but has since been released from seclusion.
(5)A mental health practitioner or the person in charge of a ward who informs a medical practitioner under subsection (4) must, as soon as practicable —
(a)record in the approved form —
(i)the medical practitioner’s name and qualifications; and
(ii)the date and time when the medical practitioner was informed;
and
(b)file the record and give a copy to the person.
(6)The person who makes a seclusion order in respect of a person must, as soon as practicable after the person is secluded under the order, file it and give a copy to the person.
216.Criteria for authorising seclusion
(1)A person cannot give an oral authorisation or make a seclusion order in respect of a person unless satisfied of these things —
(a)the person needs to be secluded to prevent the person from —
(i)physically injuring himself or herself or another person; or
(ii)persistently causing serious damage to property;
and
(b)there is no less restrictive way of preventing the injury or damage.
(2)A mental health practitioner or the person in charge of a ward cannot give an oral authorisation or make a seclusion order in respect of a person unless also satisfied that —
(a)the person needs to be secluded urgently; and
(b)a medical practitioner is not reasonably available to give an oral authorisation or make a seclusion order in respect of the person.
217.Treating psychiatrist (if any) to be informed
(1)This section applies if —
(a)a person secluded under an oral authorisation or seclusion order has a treating psychiatrist; and
(b)the treating psychiatrist did not give the oral authorisation or make the seclusion order; and
(c)the medical practitioner informed under section 214(5) or 215(4) of the person’s seclusion is not the treating psychiatrist.
(2)The person who gave the oral authorisation or made the seclusion order must, as soon as practicable and, in any event, within 2 hours after the time when the person is secluded under the authorisation or order, inform the treating psychiatrist as to whether —
(a)the person is secluded under the authorisation or order; or
(b)the person was secluded under the authorisation or order but has since been released from seclusion.
(3)A person who informs the treating psychiatrist under subsection (2) must, as soon as practicable —
(a)record in the approved form —
(i)the treating psychiatrist’s name and qualifications; and
(ii)the date and time when the treating psychiatrist was informed;
and
(b)file the record and give a copy to the person.
(1)A medical practitioner may make an order extending a seclusion order in force in respect of a person from the end of the period of seclusion under the seclusion order for the further period (not exceeding 2 hours) specified in the order.
(2)The medical practitioner cannot extend the seclusion order unless, immediately before doing so, the medical practitioner examines the person in accordance with section 222(4).
(3)The medical practitioner must, as soon as practicable, file the order and give a copy to the person.
(1)A medical practitioner or mental health practitioner or the person in charge of a ward at an authorised hospital may make an order revoking a seclusion order in force in respect of a person.
(2)The order must be in the approved form and must include the following —
(a)the date and time when the seclusion order is revoked;
(b)the name, qualifications and signature of the person making it.
(3)The person who makes the order must, as soon as practicable, file it and give a copy to the person.
220.Release of person on revocation or expiry of seclusion order
A medical practitioner or mental health practitioner must, as soon as practicable after the time when a person cannot continue to be secluded under a seclusion order —
(a)inform the person of that fact; and
(b)ensure that the person is released from seclusion.
221.Record of seclusion order expiring
A medical practitioner or mental health practitioner must, as soon as practicable after a seclusion order expires, file a record in the approved form of the date and time of the expiry.
222.Requirements relating to seclusion
(1)This section applies while a person is secluded under an oral authorisation or a seclusion order.
(2)The person in charge of the ward where the person is secluded must ensure that the requirements specified in this section, and any other requirements prescribed by the regulations for this section, are complied with.
(3)A mental health practitioner or a nurse must observe the person every 15 minutes and, as soon as practicable, file a record in the approved form of those observations and give a copy to the person.
(4)A medical practitioner must examine the person at least every 2 hours and, as soon as practicable —
(a)record in the approved form these things —
(i)the medical practitioner’s name and qualifications;
(ii)the date and time of the examination;
(iii)the results of the examination, including whether or not the medical practitioner considers that, having regard to the criteria specified in section 216(1), the person should continue to be secluded;
and
(b)file the record and give a copy to the person.
(5)The person must be provided with these things —
(a)the bedding and clothing appropriate in the circumstances;
(b)sufficient food and drink;
(c)access to toilet facilities;
(d)any other care appropriate to the person’s needs.
223.Examination of person released from seclusion
(1)This section applies whenever a person is released from seclusion under an oral authorisation or a seclusion order.
(2)The person in charge of the ward where the person was secluded must ensure —
(a)that the person is examined by a medical practitioner within 6 hours after the time when the person is released from the seclusion; or
(b)if the person is to be released or discharged by, or against medical advice wants to leave, the authorised hospital where the person was secluded before being examined under paragraph (a) — that the person is offered an examination by a medical practitioner to be conducted before the person is released, discharged or leaves.
(3)A medical practitioner who examines a person for the purposes of subsection (2) must, as soon as practicable —
(a)record in the approved form these things —
(i)the medical practitioner’s name and qualifications;
(ii)the date and time of the examination;
(iii)the results of the examination, including any complication of or deterioration in the person’s mental or physical condition that is a result of, or may be the result of, the person being secluded;
and
(b)file the record and give a copy to the person.
224.Report to Chief Psychiatrist and Mentally Impaired Accused Review Board
(1)This section applies whenever a person is released from seclusion under an oral authorisation or a seclusion order.
(2)The treating psychiatrist or, if the person does not have a treating psychiatrist, the person in charge of the authorised hospital where the person was secluded must, as soon as practicable, give the documents specified in subsection (3) relating to the seclusion to —
(a)the Chief Psychiatrist; and
(b)if the person is a mentally impaired accused — the Mentally Impaired Accused Review Board.
(3)For subsection (2), these documents are specified —
(a)a copy of the record of the oral authorisation (if any) made under section 214(4)(a);
(b)a copy of the seclusion order (if any) made under section 215(1);
(c)a copy of any order extending the seclusion order made under section 218(1);
(d)a copy of any order revoking the seclusion order made under section 219(1) or any record of the expiry of the seclusion order under section 221;
(e)a copy of each of the records made under section 214(6)(a), 215(5)(a), 217(3)(a), 222(3) and (4)(a) and 223(3)(a).
(4)The treating psychiatrist or person in charge must, as soon as practicable, file a record of having complied with subsection (2).
225.Reasonable assistance and force authorised
A person prescribed by the regulations for this section is authorised to exercise the powers under section 172 for the purpose of secluding a person under an oral authorisation or a seclusion order.
In this Division —
bodily restraint order —
(a)means a bodily restraint order made under section 231(1); and
(b)includes a bodily restraint order as varied under section 234(1) or (3);
oral authorisation means an authorisation given orally under section 230(1).
(1)Bodily restraint is the physical or mechanical restraint of a person who is being provided with treatment or care at an authorised hospital.
(2)Physical restraint is the restraint of a person by the application of bodily force to the person’s body to restrict the person’s movement.
(3)A person is not being physically restrained merely because the person is being provided with the physical support or assistance reasonably necessary —
(a)to enable the person to carry out daily living activities; or
(b)to redirect the person because the person is disoriented.
(4)Mechanical restraint is the restraint of a person by the application of a device (for example, a belt, harness, manacle, sheet or strap) to a person’s body to restrict the person’s movement.
(5)Mechanical restraint does not include either of these forms of restraint —
(a)the appropriate use of a medical or surgical appliance in the treatment of a physical illness or injury;
(b)the appropriate use of furniture that restricts a person’s capacity to get off the furniture (for example, a bed fitted with cot sides or a chair fitted with a table across the arms).
(6)Bodily restraint does not include —
(a)physical or mechanical restraint by a police officer acting in the course of duty; or
(b)physical restraint by a person exercising a power under section 172(2).
228.Principles relating to use of bodily restraint
These principles apply in relation to the use of bodily restraint on a person under this Division —
(a)the degree of force used to restrain the person must be the minimum that is required in the circumstances;
(b)while the person is restrained —
(i)there must be the least possible restriction on the person’s freedom of movement consistent with the person’s restraint; and
(ii)the person must be treated with dignity and respect.
229.Bodily restraint must be authorised
A person must not use bodily restraint on another person except in accordance with an oral authorisation or a bodily restraint order.
Penalty: a fine of $6 000.
(1)A medical practitioner or mental health practitioner at an authorised hospital or the person in charge of a ward at an authorised hospital may orally authorise the bodily restraint of any of these people —
(a)a person who is a patient admitted by the authorised hospital;
(b)a person who is referred under section 26(2) or 36(2) for an examination to be conducted by a psychiatrist at the authorised hospital;
(c)a person who is under an order made under section 55(1)(c) or 61(1)(c) to enable an examination to be conducted by a psychiatrist at the authorised hospital.
(2)A person cannot give an oral authorisation in respect of a person unless satisfied of the matters specified in section 232.
(3)A person giving an oral authorisation in respect of a person must specify —
(a)whether physical or mechanical restraint can be used to restrain the person; and
(b)if mechanical restraint can be used —
(i)the device that can be used to restrain the person; and
(ii)the way in which the device can be applied to the person’s body.
(4)A person who gives an oral authorisation in respect of a person must, as soon as practicable after the person is restrained under the authorisation —
(a)record the oral authorisation in the approved form, specifying the following —
(i)the date and time when it was given;
(ii)the matters specified under subsection (3);
(iii)the reasons for giving it;
and
(b)file the record and give a copy to the person.
(5)A mental health practitioner or the person in charge of a ward who gives an oral authorisation in respect of a person must, as soon as practicable and, in any event, within sufficient time to enable the person to be examined as required by section 238(4) or 239(2)(a), inform a medical practitioner as to whether —
(a)the person is restrained under the oral authorisation; or
(b)the person was restrained under the oral authorisation but has since been released from bodily restraint.
(6)A mental health practitioner or the person in charge of a ward who informs a medical practitioner under subsection (5) must, as soon as practicable —
(a)record in the approved form —
(i)the medical practitioner’s name and qualifications; and
(ii)the date and time when the medical practitioner was informed;
and
(b)file the record and give a copy to the person.
(7)If a bodily restraint order confirming the oral authorisation is not made (either by the person who gave the oral authorisation or, if that person is not reasonably available, another person who is authorised to make a bodily restraint order) as soon as practicable and, in any event, within 30 minutes after the time when the person is restrained under the authorisation —
(a)the person cannot continue to be restrained and must be released from bodily restraint; and
(b)the person who gave the oral authorisation or, if that person is not reasonably available, another person who is authorised to make a bodily restraint order must ensure that the person is informed of that fact and released from bodily restraint.
231.Making bodily restraint order
(1)A medical practitioner or mental health practitioner at an authorised hospital or the person in charge of a ward at an authorised hospital may make a bodily restraint order authorising the bodily restraint of any of these people —
(a)a person who is a patient admitted by the authorised hospital;
(b)a person who is referred under section 26(2) or 36(2) for an examination to be conducted by a psychiatrist at the authorised hospital;
(c)a person who is under an order made under section 55(1)(c) or 61(1)(c) to enable an examination to be conducted by a psychiatrist at the authorised hospital.
(2)A person cannot make a bodily restraint order in respect of a person unless satisfied of the matters specified in section 232.
(3)A bodily restraint order must be in the approved form and must include the following —
(a)the name and date of birth of the person being restrained under the order;
(b)the date and time when the order is made;
(c)the date and time when any oral authorisation being confirmed by the order was given;
(d)the period for which the person can be restrained under the order, which cannot exceed 30 minutes including the period for which the person was restrained under any oral authorisation being confirmed by the order;
(e)whether physical or mechanical restraint can be used to restrain the person;
(f)if mechanical restraint can be used —
(i)the device that can be used to restrain the person; and
(ii)the way in which the device can be applied to the person’s body;
(g)with reference to the criteria specified in section 232(1) —
(i)the reasons for authorising the use of bodily restraint on the person; and
(ii)if mechanical restraint is authorised — the reasons for authorising the use and application of the device specified under paragraph (f);
(h)if a mental health practitioner or the person in charge of a ward makes the order — with reference to the criteria specified in section 232(2), the reasons for the urgency;
(i)particulars of any observations made about the person —
(i)if the order is confirming an oral authorisation — when the person was restrained under the oral authorisation; or
(ii)otherwise — when the person is restrained under the order;
(j)particulars of any directions given by a medical practitioner or mental health practitioner about the treatment and care to be provided to the person while restrained;
(k)the name, qualifications and signature of the person making the order.
(4)A mental health practitioner or the person in charge of a ward who makes a bodily restraint order in respect of a person must, as soon as practicable and, in any event, within sufficient time to enable the person to be examined as required by section 238(4) or 239(2)(a), inform a medical practitioner as to whether —
(a)the person is restrained under the bodily restraint order; or
(b)the person was restrained under the bodily restraint order but has since been released from bodily restraint.
(5)A mental health practitioner or the person in charge of a ward who informs a medical practitioner under subsection (4) must, as soon as practicable —
(a)record in the approved form —
(i)the medical practitioner’s name and qualifications; and
(ii)the date and time when the medical practitioner was informed;
and
(b)file the record and give a copy to the person.
(6)The person who makes a bodily restraint order in respect of a person must, as soon as practicable after the person is restrained under the order, file it and give a copy to the person.
232.Criteria for authorising bodily restraint
(1)A person cannot give an oral authorisation or make a bodily restraint order in respect of a person unless satisfied of these things —
(a)the person needs to be restrained to —
(i)provide the person with treatment; or
(ii)prevent the person from physically injuring himself or herself or another person; or