- Mental Health Act 2007 No 8
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 Voluntary admission to facilities
- 5 Admission on own request
- 6 Voluntary admission of children
- 7 Voluntary admission of persons under guardianship
- 8 Discharge of voluntary patients
- 9 Review of voluntary patients
- 10 Detention of voluntary patients in mental health facilities
- 11 Review of decisions made by authorised medical officer to refuse admission or discharge voluntary patient
- Chapter 3 Involuntary admission and treatment in and outside facilities
- Part 1 Requirements for involuntary admission, detention and treatment
- Part 2 Involuntary detention and treatment in mental health facilities
- Division 1 Preliminary
- Division 2 Admission to and initial detention in mental health facilities
- 18 When a person may be detained in mental health facility
- 19 Detention on certificate of medical practitioner or accredited person
- 19A Examination by audio visual link for purposes of mental health certificate
- 20 Detention on information of ambulance officer
- 21 Police assistance
- 22 Detention after apprehension by police
- 23 Detention after order for medical examination or observation
- 24 Detention on order of Magistrate or bail officer
- 25 Detention after transfer from another health facility
- 26 Detention on request of designated carer, principal care provider, relative or friend
- 27 Steps for medical examination requirements for ongoing detention in mental health facility
- 27A Examinations by medical practitioners or accredited persons for purposes of detention
- 28 Obligations of examining medical practitioners and accredited persons
- 28A Tribunal to be informed if detained person is a forensic patient
- 29 Treatment of persons detained in mental health facilities
- 30 Assessable persons may be reclassified as voluntary patients
- 31 Limited detention of mentally disordered persons
- 32 Detention on order of Magistrate or bail officer
- 33 Actions may be delayed because of other illnesses or conditions
- Division 3 Continuing detention in mental health facilities
- 34 Mental health inquiries to be held
- 35 Purpose and findings of mental health inquiries
- 36 Adjournments
- 37 Reviews of involuntary patients by Tribunal
- 38 Purpose and findings of reviews of involuntary patients
- 39 Medical examination of involuntary patients
- 40 Re-classification of involuntary patients as voluntary patients
- 41 Discharge on making of community treatment order
- 42 Discharge of involuntary patients on own application
- 43 Discharge of involuntary patients on application of designated carer or principal care provider
- 43A Tribunal to be informed of discharge of a forensic patient
- 44 Appeals against discharge refusals
- 45 Review and discharge of absent patients
- Division 4 Leave of absence from mental health facilities
- Part 3 Involuntary treatment in the community
- Division 1 Applications for and making of community treatment orders
- 50 Definitions
- 51 Community treatment orders
- 52 Notice of applications
- 53 Determination of applications for community treatment orders
- 54 Requirements for treatment plans under community treatment orders
- 55 Community treatment order may be made in absence of affected person
- 56 Form and duration of community treatment orders
- Division 2 Operation of community treatment orders
- 57 Duties and functions of affected person and mental health facility
- 58 Breach of community treatment order
- 59 Police assistance
- 60 Procedures at facility after breach notice or breach order
- 61 Review of affected person at mental health facility after breach order
- 61A Medical examination of detained affected persons
- 62 Discharge and detention of affected persons
- 63 Review of detained affected persons by Tribunal
- 64 Purpose and findings of reviews
- Division 3 Revocation, variation and review of community treatment orders
- Chapter 4 Care and treatment
- Part 1 Rights of patients or detained persons, designated carers and principal care providers
- Division 1 General
- 68 Principles for care and treatment
- 69 Offence to ill-treat patients
- 69A Prohibition on use of spit hoods
- 70 Assistance of interpreters
- 71 Designated carers
- 72 Nomination of designated carers
- 72A Principal care providers
- 72B Requirement to consider information provided by other persons about patients or detained persons when making detention or discharge decisions
- Division 2 Notification and information sharing
- 73 Information about medication
- 74 Information to be given to persons to be detained
- 74A Information to be given to voluntary patients
- 75 Notification to carers of initial detention
- 76 Notification of mental health inquiries
- 77 Notification to new involuntary patients of appeal rights
- 78 Notifications to designated carers and principal care providers of events affecting patients or detained persons
- 79 Discharge and other planning
- Division 3 Transfer of patients
- Part 2 Mental health treatments
- Division 1 Preliminary
- Division 2 General provisions about mental health treatment
- Division 3 Electro convulsive therapy
- 87 Definitions
- 88 Offences relating to administration of electro convulsive treatment
- 89 When electro convulsive therapy may be administered
- 90 Refusal of treatment by medical superintendent
- 91 Informed consent requirements
- 92 Person impaired by medication incapable of giving informed consent
- 93 When electro convulsive therapy may be administered to persons other than involuntary patients or persons under 16
- 94 When electro convulsive therapy may be administered to involuntary patients or persons under 16
- 95 Tribunal to hold inquiries promptly
- 96 Purpose and findings of ECT inquiries
- 97 Electro convulsive therapy register
- Part 3 Other medical treatments
- Chapter 5 Administration
- Part 1 Administrative objectives and functions
- Part 2 Mental health facilities
- Division 1 Declared mental health facilities
- 109 Establishment of declared mental health facilities
- 110 Declared mental health facilities that are private mental health facilities
- 111 Appointment of medical superintendents
- 112 Appointment of deputy medical superintendents
- 113 Directors and deputy directors of community treatment
- 114 Psychiatric case managers
- Division 2 Private mental health facilities
- 115 Application for licence
- 116 Grant or refusal of licence
- 117 Duration of licence
- 118 Annual statement and licence fee
- 119 Duplicate licence
- 120 Cancellation of licences—generally
- 121 Cancellation of licences—failure to show cause
- 122 Variation of licence
- 123 Provision of medical services in private mental health facilities
- 124 Medical superintendents
- 125 Deputy medical superintendents
- 126 Unlicensed private mental health facilities
- 127 Certain private health facilities to be licensed
- Part 3 Official visitors and accredited persons
- 128 Principal official visitor
- 129 Official visitors
- 130 General provisions relating to the Principal official visitor and official visitors
- 131 Inspections of mental health facilities by official visitors
- 132 Obligations to facilitate exercise of functions by official visitors
- 133 Reports to Minister
- 134 Request by patient or other person at mental health facility to see official visitor
- 134A Request by patient or other person at other health facility to see official visitor
- 135 Official visitors not personally liable
- 136 Accredited persons
- Part 4 Inspection powers
- Chapter 6 Mental Health Review Tribunal
- Part 1 The Tribunal
- 140 Constitution of the Tribunal
- 141 Membership of Tribunal
- 142 Registrar and other staff of the Tribunal
- 143 Authentication of documents
- 144 Judicial notice of certain signatures
- 145 Certain proceedings prohibited
- 146 Application of Defamation Act 2005 to proceedings of Tribunal
- 147 Annual report
- 148 Delegation
- Part 2 Procedures of the Tribunal
- 149 Application of Part
- 150 Composition of Tribunal
- 151 Procedure at meetings of Tribunal to be informal
- 152 Legal representation of mentally ill persons and other persons
- 153 Determination whether a person is a mentally ill person or mentally disordered person
- 154 Rights of appearance and representation
- 155 Adjournments
- 156 Inspection etc of medical records
- 157 Production of evidence
- 158 Assistance of interpreters
- 159 Record of proceedings
- 160 Tribunal procedure generally
- 161 Contempt of Tribunal
- 162 Publication of names
- 162A Tribunal may request information or services from other agencies
- Chapter 7 Jurisdiction of Supreme Court
- Chapter 8 Interstate application of mental health laws
- Chapter 9 Miscellaneous
- 188 Restrictions on holding of certain offices
- 189 Disclosure of information
- 190 Act does not limit or affect other powers
- 191 Liability of certain persons exercising functions under this Act or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
- 192 Service of documents
- 193 Amendment of certain documents
- 194 Approved forms
- 195 Role of objects provisions
- 196 Regulations
- 197 Proceedings for offences
- 198 Savings, transitional and other provisions
- 199 (Repealed)
- 200 Repeal of Mental Health Act 1990 No 9
- 201 Review of Act
- 202, 203 (Repealed)
- Schedule 1 Medical certificate as to examination or observation of person
- Schedule 2 (Repealed)
- Schedule 3 Statement of rights for persons detained in mental health facility
- Schedule 3A Statement of rights for voluntary patients
- Schedule 4 Provisions relating to Principal official visitor and official visitors
- Schedule 5 Provisions relating to members of Tribunal
- Schedule 6 Savings, transitional and other provisions
- Schedule 7 (Repealed)
- Historical notes
Mental Health Act 2007 No 8
Current
version
for 19 February 2024
to date
(accessed 16 May 2024 at 11:18)
169 Object of Chapter
(cf 1990 Act, s 286A)
The object of this Chapter is to make provision with respect to the following matters—(a) the interstate transfer of patients under mental health legislation,(b) the interstate recognition of documents enabling detention of persons under mental health legislation,(c) the treatment of interstate persons and persons in this State subject to community treatment orders or similar orders made in other States,(d) the apprehension of persons subject to certain interstate warrants or orders, or otherwise liable to apprehension, under mental health legislation.