Every deputy shall, while acting as such, be deemed to be a member of the Review Tribunal. The enactments specified in Schedule 2 are hereby repealed. A medical practitioner who needs assistance to conduct an assessment examination under subsection (2) may call for Police assistance under section 110C. Section 76(1A): inserted, on 1 April 2000, by section 40(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). This Act has the following objectives— (a) to provide for the assessment of persons who appear to have mental illness and the treatment of persons who have mental illness; (b) to provide for persons to receive assessment and treatment in the least restrictive way possible with the least possible restrictions on human rights and human dignity; You may be referred to as a voluntary patient. Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided elsewhere than in this section is liable on conviction to a fine not exceeding $500. This Act shall come into force on 1 November 1992. The CQC provides detailed guidance about your rights in relation to consent to medication and electroconvulsive therapy if you're subject to a CTO. If, at any time during the first period, the responsible clinician considers that a patient who is an inpatient is fit to be granted leave of absence from the hospital, the clinician may grant the patient leave on such terms and conditions as the clinician thinks fit. Mental Health Act 2007 s2012-432-30.d05 27 February 2013 Page 1 consultation draft Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Mental Health Act 2007. If, at any time during the first period, the responsible clinician considers that a patient is fit to be released from compulsory status, the clinician must give a written notice to the patient and, if necessary, to the person in charge of the hospital directing that the patient be released from that status immediately. Subsection (3A) applies if the medical practitioner, having examined the person, considers that—, there are reasonable grounds for believing that the person may be suffering from a mental disorder; and. Crisis and Information Lines . In section 2A(b), “health practitioner” is modified to “mental health practitioner”. Section 102(1): amended, on 1 April 2000, by section 55 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Nothing in this section shall prevent the exercise of any other remedy or proceeding available by or on behalf of any person who is or is alleged to be unlawfully detained, confined, or imprisoned. If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so,—, take that person to a Police station, hospital, or surgery, or to some other appropriate place; and. Section 46: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). About the Mental Health Act. Where, during the period of 1 month referred to in subsection (1), the responsible clinician is satisfied—, that the patient will need further treatment of a particular kind beyond the expiry of that period; and, that the patient is unlikely to consent to that treatment,—. Section 77(3)(a)(iii): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). If, at any time during the currency of the community treatment order, the responsible clinician considers that the patient cannot continue to be treated adequately as an outpatient, the responsible clinician may direct that the patient—, be treated as an inpatient for a period of up to 14 days; or. Instead of performing personally the functions specified in subsections (8) to (10), the district inspector may in any particular case arrange for an official visitor to perform them. No person shall be so designated and authorised under this section unless the Director of Area Mental Health Services is satisfied that the person has undergone appropriate training and has appropriate competence in dealing with persons who are mentally disordered. Section 99: replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23). the time it takes to conduct the assessment examination. The Tribunal may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings. Every district inspector on any visit to any hospital or service may, and shall if so required by the Director, inquire as to—, any breach of this Act or of any regulations made under this Act, or any breach of duty on the part of any officer or other person employed in the hospital or service; and. The patient shall be present throughout the hearing by the court of an application for a compulsory treatment order unless—, the Judge who examines the patient in accordance with section 18(1) certifies that it would be in the best interests of the patient to excuse the patient from attending the hearing; or. Victoria’s New Mental Health Act – a comparison with the Mental Health Act 1986 Written by Liz Dearn, Senior Policy and Research Officer 1 Introduction In May 2008, the Minister for Mental Health, the Hon Lisa Neville MP announced the review of the Mental Health Act 1986 (the Act or the 1986 Act) and in December 2008 a consultation paper was distributed for comment. Section 10(1)(b) : replaced , on 1 April 2000 , by section 10(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 2(1) nurse practitioner: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). You should always be given information about your rights under the Mental Health Act. This section is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. the patient is excused or excluded by the Tribunal under subclause (2) or subclause (3). SOADs are consulted in certain circumstances when a patient refuses treatment, or is too ill or otherwise incapable of giving consent. Where, on checking any letter or other postal article under subsection (1), it is considered that the dispatch of the letter or other postal article could be detrimental to the interests of the patient and to his or her treatment, the responsible clinician may direct that it be withheld from posting. Every review under this section of a patient’s condition shall, wherever practicable, having regard to the time in which that review is required to be conducted, and to the availability of Judges and other personnel and resources, be conducted by a Family Court Judge. Section 78(4)(a): repealed, on 1 April 2000, by section 42 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The methods by which a document may be dealt with are—, personally delivering it to the person; or, posting it to a usual address of the person; or, sending it to the person by fax or some other electronic means; or. An approved mental health worker is also responsible for ensuring that the human and civil rights of a person being detained are upheld and respected. Section 2(1) psychologist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). Notwithstanding anything in the preceding provisions of this section, any patient who is absent without leave from a hospital may at any time while the patient is so absent be released from compulsory status in accordance with this Act. If a patient who is detained under section 46 wishes to be removed to a prison or, as the case requires, a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014 to undergo the remainder of his or her sentence or otherwise to be dealt with according to law, the Director of Area Mental Health Services shall make the necessary arrangements as soon as practicable, unless an application is sooner made under section 8A for assessment of the patient. Section 58: amended, on 1 April 2000, by section 36 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). In this section, "former Act" means The Mental Health Act, R.S.M. The person in charge of the hospital must send the information within 14 days after the patient is admitted. If the health practitioner is of the opinion that the proposed patient is not mentally disordered, that person is free from further assessment and treatment under this Part (without prejudice to the making of a further application under section 8A in respect of the person at some time in the future). To each of the persons specified in subparagraphs (i) to (iv) of subsection (7)(b) the responsible clinician shall also send a statement of the legal consequences of the finding set out in the certificate of clinical review, and of the recipient’s right to apply to the Review Tribunal for a review of the patient’s condition. In making this decision, the Judge must have regard to any evidence before the Judge that indicates that the patient’s condition has not changed since the last review. Section 45(4)(c)(ii): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). the Director may apply to the court for an order under section 55 declaring the patient to be a restricted patient. For the purposes of subsection (2), it is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in a person’s so believing the notice or order to be good in law. The Minister may, at any time during any period of leave granted under this section to any patient, cancel that leave; and in any such case the Director shall, in writing under his or her hand, direct that the patient be admitted or re-admitted to a specified hospital. This section replaces section 10 in the Mental Health Act 1986. Section 110C: inserted, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). In clause 8(2)(b)(i), “medical professions” is modified to “health professions”. all letters and other postal packets withheld by the responsible clinician pursuant to section 123 or section 124. Where the responsible clinician withholds any letter or other postal article pursuant to section 123, it shall be dealt with as follows: if the address of the sender is known to the responsible clinician, it shall be returned to the sender: if the address of the sender is not known to the responsible clinician, it shall either be—, posted to a district inspector or an official visitor; or. If the person has been found unfit to stand trial and is detained as a special patient by virtue of section 24 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the Judge may, if in the circumstances of the case the Judge considers it proper to do so and if the interests of justice so permit (whether or not the person is capable of being tried), direct that the charge be dismissed. Section 96(2): amended, on 1 April 2000, by section 50(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). If, at any time during the currency of the inpatient order, the responsible clinician considers that the patient can continue to be treated adequately as an outpatient, that clinician shall, by notice in writing,—, direct that the patient be discharged from the hospital; and, direct the patient to attend at the patient’s place of residence, or at some other place nominated in the notice, for the purposes of treatment;—. The court must treat the application as if it were an application made under section 14(4). an assessment examination under section 9; or, an assessment to which a notice given under section 11 or section 13 relates; or, an examination to which a notice given under section 14A(3)(b) relates; or, a hearing to which a notice given under section 14A(3)(c) relates; or, a review to which a notice given under section 76(1A) relates; and, is subject to a community treatment order; and, is refusing to attend at a place for treatment in accordance with the order; and. The responsible clinician may, with the approval of the Director of Area Mental Health Services, direct that any letter or other postal article addressed to a patient be opened and checked if there are reasonable grounds for believing that the receipt of the letter or other postal article by the patient could be detrimental to the interests of the patient and to his or her treatment. that in his or her opinion the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient. Electroconvulsive therapy cannot be given to a patient who's able to give consent but refuses to do so, except in urgent situations. Section 113A(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Public Service Act 2020 (2020 No 40): section 135, COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13): section 3, Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42): Part 2 subpart 8, Intelligence and Security Act 2017 (2017 No 10): section 335, Substance Addiction (Compulsory Assessment and Treatment) Act 2017 (2017 No 4): section 122(1), Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79), District Court Act 2016 (2016 No 49): section 261, Public Safety (Public Protection Orders) Act 2014 (2014 No 68): section 144, Criminal Procedure Act 2011 (2011 No 81): section 413, Mental Health (Compulsory Assessment and Treatment) Amendment Act 2008 (2008 No 82), Policing Act 2008 (2008 No 72): section 116(a)(ii), Court Martial Act 2007 (2007 No 101): section 87, Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98): section 81, Crimes of Torture Amendment Act 2006 (2006 No 68): section 12, Relationships (Statutory References) Act 2005 (2005 No 3): section 7, Care of Children Act 2004 (2004 No 90): section 151, Corrections Act 2004 (2004 No 50): section 206, Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115): section 51, Mental Health (Compulsory Assessment and Treatment) Amendment Act 2003 (2003 No 85), Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1), Human Rights Amendment Act 2001 (2001 No 96): section 70(1), Health and Disability Services (Safety) Act 2001 (2001 No 93): sections 58(1), 59(2), New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1), Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140), Department of Justice (Restructuring) Act 1995 (1995 No 39): section 10(3), Health Amendment Act 1993 (1993 No 24): section 38(3)(a), Health Sector (Transfers) Act 1993 (1993 No 23): section 32, Enhancing Identity Verification and Border Processes Legislation Act 2017, Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999, Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016, Health and Disability Services (Safety) Act 2001, Health Practitioners Competence Assurance Act 2003, Relationships (Statutory References) Act 2005, New Zealand Public Health and Disability Act 2000, Criminal Procedure (Mentally Impaired Persons) Act 2003, Armed Forces Discipline Amendment Act (No 2) 2007, COVID-19 Response (Further Management Measures) Legislation Act 2020, Mental Health (Compulsory Assessment and Treatment) Amendment Act 2008, The modifications referred to in subsection (3)(c) are as follows, of the person in whose custody he or she was under the, prison, that person is deemed to have ceased to be in legal custody under the, Substance Addiction (Compulsory Assessment and Treatment) Act 2017, Public Safety (Public Protection Orders) Act 2014, chief executive of the Department of Corrections, Department of Justice (Restructuring) Act 1995, prison or, as the case requires, a residence established under, or, as the case requires, a residence established under, or, as the case requires, the residence established under. Every employee of the service specified in the order who is duly authorised to treat the patient may, at all reasonable times, enter the patient’s place of residence or other place so specified for the purpose of treating the patient. With permission from your relative, doctors may discuss the treatment plan with you. Section 8B(4): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Notwithstanding anything in subsection (2), no letter or other postal article put out by a patient for posting shall be withheld from posting if it is addressed to any of the persons described in section 123(3). For the purposes of this Act, the Minister shall appoint such number of persons as the Minister thinks fit to be—, district inspectors or deputy district inspectors; or. A2001-14. So far as practicable, duly authorised officers shall act as a ready point of contact for anyone in the community who has any worry or concern about any aspect of this Act, or about services available for those who are or may be suffering from mental disorder; and, at the request of anyone, they shall provide all such assistance, advice, and reassurance as may be appropriate in the circumstances. A document sent under subsection (3)(c) is deemed, in the absence of proof to the contrary, to have been delivered on the day after the day on which it was sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists. must, if that constable is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is a constable. Section 29(6)(c): amended, on 31 January 2018, by section 13 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 95(1): amended, on 1 April 2000, by section 49 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 29(5): inserted, on 1 April 2000, by section 22(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Last amendment: 2015, c. 36, s. 1-16. On giving any direction under subsection (5), the Judge may order that the person be released from compulsory status; but if it appears to the Judge that the person is not fit to be released from that status, the Judge shall order that the person be further detained in a hospital under this Act, and the last-mentioned order shall have effect as an inpatient order made under Part 2. Section 41(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Section 80(4)(a)(ii): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). You may be eligible for legal aid to pay for a solicitor to help you do this. An Act to redefine the circumstances in which and the conditions under which persons may be subjected to compulsory psychiatric assessment and treatment, to define the rights of such persons and to provide better protection for those rights, and generally to reform and consolidate the law relating to the assessment and treatment of persons suffering from mental disorder. Section 126: repealed, on 1 April 2000, by section 69 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 128(3): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39). The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: prescribing forms, registers, records, particulars, and notices for the purposes of this Act and the method of keeping such registers and records: prescribing the powers and duties of district inspectors and official visitors, and regulating the exercise of such powers and the performance of such duties: regulating the employment of patients and prescribing the terms and conditions of any such employment, the remuneration to be paid to or in respect of patients in consideration of any work performed by them, the method of such payment, and the persons to whom such remuneration is to be paid: regulating the carrying on of agricultural, industrial, or commercial pursuits or workshops in or in connection with hospitals: regulating the conduct of psychiatric security institutions: restricting or otherwise regulating the collection under section 43A of biometric information from special patients and restricted patients: prescribing fees for any of the purposes of this Act: prescribing offences in respect of the contravention of or non-compliance with any regulation made under this Act or any requirement or direction made or given pursuant to any such regulation: prescribing fines not exceeding in respect of any such offence $500 and, in the case of a continuing offence, $50 for every day on which the offence has continued: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. Notwithstanding anything in this Act, no compulsory treatment order or any other order made by any court under this or any other Act shall purport to commit any person to a psychiatric security institution. In any case to which subsection (3) applies, the patient may be taken to the specified hospital by the Director, or by the Director of Area Mental Health Services, or by a duly authorised officer, or by any constable, or by any person to whom the charge of the patient has been entrusted during the period of leave. Section 50(2)(a): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). R13 28/08/20 Mental Health Act 2015 Effective: 28/08/20 contents 1 . Section 14A(2)(d): amended, on 31 January 2018, by section 12 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). They should discuss this with you, and together you should make a decision about what help you may need, such as making an appointment with your GP to discuss further options. 1987, c. M110. 3 Interpretation. Schedule 1 clause 8A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). Every Review Tribunal is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951. A constable who enters premises under subsection (2) may, for the purposes of section 40(2)(b), take the patient back to the hospital. decide, on reasonable grounds, whether or not the person needs to have a medical examination urgently in the person’s own interests or the interests of any other person. You also have the right to see an independent mental health advocate if you're detained. Some cases the patient may refuse visitors, and books under the authority the... 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