Mental Health Amendment (Psychiatrists) Act 2012

Western Australia

CONTENTS

Part 1 — Preliminary matters

1. Short title 2

2. Commencement 2

Part 2 — Mental Health Act 1996 amended

3. Act amended 3

4. Section 3 amended 3

5. Section 216 inserted 3

216. Validation of certain acts and omissions 3

Part 3 — Instruments amended

6. Hospitals and Health Services (Day Hospital Facility) Determination (No. 2) 2005 amended5

7. Poisons Regulations 1965 amended 5

8. Power to amend or repeal unaffected 5

Western Australia

Mental Health Amendment (Psychiatrists) Act 2012

No. 52 of 2012

An Act —

·to amend the definition of psychiatrist in the Mental Health Act 1996 section 3 and in certain instruments; and

·to validate certain acts done, and omissions made, on or after 18 October 2010 but before the day on which this Act commences.

[Assented to 29 November 2012]

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary matters

1. Short title

This is the Mental Health Amendment (Psychiatrists) Act 2012.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Part 2 — Mental Health Act 1996 amended

3. Act amended

This Part amends the Mental Health Act 1996.

4. Section 3 amended

In section 3 delete the definition of psychiatrist and insert:

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;

5. Section 216 inserted

At the end of Part 10 Division 6 insert:

216. Validation of certain acts and omissions

(1) In this section —

act includes an omission.

(2) Any act done, or purportedly done, by or in relation to a psychiatrist under a written law on or after 18 October 2010 but before the day on which the Mental Health Amendment (Psychiatrists) Act 2012 commences is, and is taken always to have been, as valid as the act would have been if the amendments effected by the Mental Health Amendment (Psychiatrists) Act 2012 had been in force when the act was done.

Note for section 216:

The Health Practitioner Regulation National Law (WA) Act 2010 section 110 commenced on 18 October 2010.

Part 3 — Instruments amended

6. Hospitals and Health Services ( Day Hospital Facility) Determination (No. 2) 2005 amended

(1) This section amends the Hospitals and Health Services ( Day Hospital Facility) Determination (No. 2) 2005.

(2) In clause 3(2) delete the definition of psychiatrist and insert:

psychiatrist has the meaning given in the Mental Health Act 1996 section 3.

7. Poisons Regulations 1965 amended

(1) This section amends the Poisons Regulations 1965.

(2) In regulation 2(1) delete the definition of psychiatrist and insert:

psychiatrist has the meaning given in the Mental Health Act 1996 section 3;

8. Power to amend or repeal unaffected

The amendment of an instrument by section 6 or 7 does not prevent that instrument from being amended or repealed by subsequent instrument.

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By Authority: JOHN A. STRIJK, Government Printer