New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - As at 16 November 2007 - Act 9 of 1990


TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - INTRODUCTORY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     Notes

CHAPTER 2 - OBJECTS ETC

   4.      Care, treatment and control of mentally ill and mentally disordered persons
   5.      Additional administrative objects of Act
   6.      Objectives of the Department
   7.      Functions of the Director-General

CHAPTER 3 - MENTALLY ILL AND MENTALLY DISORDERED PERSONS

   8.      Criteria for involuntary admission etc as mentally ill person or mentally disordered person
   9.      Mentally ill persons
   10.     Mentally disordered persons
   11.     Certain words or conduct may not indicate mental illness or disorder

CHAPTER 4 - ADMISSION TO, AND CARE IN, HOSPITALS

   PART 1 - VOLUNTARY ADMISSION TO HOSPITALS

   12.     Admission on own request
   13.     Informal patient under 16 years of age
   14.     Informal patient of 14 or 15 years of age
   15.     Admission etc of person under 14 years of age
   16.     Persons under guardianship
   17.     Medical superintendent may refuse to admit person
   18.     Other functions of medical superintendent concerning informal patients
   18A.    Procedures for detaining patients
   19.     Review of decisions made by medical officer

   PART 2 - INVOLUNTARY ADMISSION TO HOSPITALS

           Division 1 - Admission to and detention in hospitals

   20.     Detention of persons generally
   21.     Detention on certificate of medical practitioner or accredited person
   22.     Assistance by police
   23.     Detention on request of relative or friend
   24.     Detention after apprehension by police
   25.     Detention on order of court
   26.     Detention on information of welfare officer
   27.     Detention following order for medical examination or observation
   28.     Refusal to detain
   29.     Examination on detention at hospital
   30.     Information to be given to detained person
   31.     Treatment of patients
   32.     Further examination at hospital
   33.     Consequence of further examination
   34.     Formation of opinion as to mental illness etc
   35.     Limited detention of mentally disordered persons
   36.     Persons detained after apprehension by police or brought to hospital on Magistrate's order
   37.     Limited detention of certain persons after examination at hospital
   37A.    Persons ordered to be brought back before court

           Division 2 - Inquiries relating to mentally ill persons

   38.     Notice of inquiry and other matters
   39.     Dress
   40.     Termination of detention
   41.     Inquiry concerning detained person
   42.     Adjournments
   43.     Representation and appearances at inquiries
   44.     Publication of names etc
   45.     Inspection etc of medical records
   46.     Administration of oath
   47.     Production of evidence
   48.     Records of proceedings
   49.     Matters to be checked by Magistrate
   50.     Matters which must be considered by Magistrate
   51.     Result of finding that person is mentally ill
   52.     Result of finding that person is not mentally ill
   53.     Record of decision
   54.     Classification of persons as informal patients

           Division 3 - Temporary patients and continued treatment patients

   55.     Notice of temporary patient's rights of appeal
   56.     Bringing of certain temporary patients before the Tribunal
   57.     Determination by the Tribunal
   58.     Further bringing of certain temporary patients before the Tribunal
   59.     Further determination by the Tribunal

   PART 3 - REVIEW, DISCHARGE, LEAVE AND TRANSFER OF PERSONS (OTHER THAN FORENSIC PATIENTS) IN HOSPITALS

   60.     Application of Part
   61.     Medical examination of continued treatment patients
   62.     Review of continued treatment patients by the Tribunal
   63.     Review of informal patients by the Tribunal
   64.     Classification of certain patients as informal patients
   65.     Discharge of informal patients
   66.     Discharge of temporary patients and continued treatment patients
   67.     Discharge etc of certain patients on patient's application
   68.     Discharge of certain patients on relative's or friend's application
   69.     Appeal against refusal to discharge
   70.     Determination of appeal
   71.     Leave of absence
   72.     Absence of patient for continuous period of not less than 28 days
   73.     Absence of patient for continuous period of not less than 12 months
   74.     Discharge of certain absent patients on certificate of medical practitioner
   75.     Medical superintendent may order apprehension of certain absent patients
   76.     Absence of patient without leave
   77.     Absence of patient with permission
   78.     Transfer of patients between hospitals

CHAPTER 5 - FORENSIC PATIENTS

   PART 1 - RELATIONSHIP OF CHAPTER TO OTHER LEGISLATION

   79.     Other legislation relating to criminal proceedings involving persons who may be mentally ill or suffering from some other mental condition

   PART 2 - REVIEW OF FORENSIC PATIENTS

   80.     Tribunal to review cases of persons found unfit to be tried
   81.     Tribunal to review cases of persons found not guilty by reason of mental illness
   82.     Tribunal to review cases of forensic patients
   83.     Notice of recommended releases
   84.     Release of persons after review
   85.     Treatment etc of persons found not guilty by reason of mental illness and forensic patients after review by Tribunal
   86.     Review of persons transferred from prisons
   87.     Review of persons to be transferred from prisons
   88.     Powers of Tribunal
   89.     Classification as continued treatment patient

   PART 3 - OTHER PROVISIONS RELATING TO FORENSIC PATIENTS

   90.     Leave of absence on review of case
   91.     Leave of absence may be granted by authorised officer
   92.     Special leave of absence in emergencies
   93.     Breach of condition of order for release
   94.     Reinvestigation by Tribunal
   95.     Security conditions for forensic patients
   96.     Requests for transfer to prison
   97.     Transfer of mentally ill prisoners to hospitals
   98.     Transfer of other prisoners to hospitals
   99.     Transfer of forensic patients between hospitals
   100.    Effect on sentence etc of detention in hospital
   100A.   Transfer of patients back to prison
   101.    Termination of classification as forensic patient of person found not guilty by reason of mental illness
   102.    Termination of classification as forensic patient of person awaiting special hearing
   103.    Termination of classification as forensic patient of person found guilty of offence after special hearing
   104.    Termination of classification as forensic patient of person who becomes fit to be tried for an offence
   105.    Termination of classification as forensic patient of person serving term of imprisonment for which no non-parole period set
   106.    Termination of classification as forensic patient of person serving sentence of imprisonment for life
   107.    Termination of classification as forensic patient of person serving term of imprisonment for which non-parole period set
   108.    Termination of classification as forensic patient of person on remand
   109.    Person who ceases to be a forensic patient may be detained as involuntary patient etc
   110.    Absence for medical treatment
   111.    Retaking of escapees
   112.    Aiding or permitting escape
   113.    Form, effect etc of orders under this Chapter

CHAPTER 6 - CARE AND TREATMENT OUTSIDE HOSPITALS

   PART 1 - HEALTH CARE AGENCIES

   114.    Declaration of health care agencies
   115.    Directors and Deputy Directors
   116.    Psychiatric case managers
   117.    Same person may hold 2 offices

   PART 2 - COMMUNITY COUNSELLING ORDERS

   118.    Making of community counselling orders
   119.    Procedure on application to Tribunal
   120.    Conditions precedent to making of community counselling order
   121.    Treatment plan not required for short term orders
   122.    Report required for certain applications
   123.    Appointment of medical practitioners for purposes of making orders
   124.    Duration of community counselling orders
   124A.   Effect on order of informal admission to hospital
   125.    Progress reports
   126.    Discharge reports
   127.    Breach of community counselling order
   128.    Action on further breaches of community counselling order
   129.    Apprehension of person in breach of community counselling order
   130.    Apprehension by police

   PART 3 - COMMUNITY TREATMENT ORDERS

   131.    Making of community treatment orders
   132.    Person to be discharged
   133.    Conditions precedent to making of community treatment order
   134.    Report required for certain applications
   135.    Duration of community treatment orders
   135A.   Effect on order of informal admission to hospital
   136.    Discharge reports
   137.    Breach of community treatment order
   138.    Action on further breaches of community treatment order
   139.    Apprehension of person in breach of community treatment order
   140.    Apprehension by police
   141.    Procedure at health care agency
   142.    Procedure at hospital
   143.    Effect of review by medical superintendent
   143A.   Review by Tribunal of detained persons

   PART 4 - GENERAL

   144.    Reports
   145.    Duty of affected person
   146.    Powers and duties of health care agencies
   147.    Use of drugs
   148.    Variation or revocation of order
   149.    Revocation by Director
   150.    Delegation
   151.    Appeals

CHAPTER 7 - MEDICAL OR THERAPEUTIC TREATMENTS RELATING TO MENTAL ILLNESS OR GIVEN TO PATIENTS

   PART 1 - TREATMENT FOR MENTAL ILLNESS

           Division 1 - Psychosurgery

   152.    Psychosurgery Review Board
   153.    Psychosurgery on patients to be performed only with consent of Board
   154.    Consent of patient required
   155.    Requirements for obtaining informed consent
   156.    Persons presumed incapable of giving informed consent
   157.    Application for permission to perform psychosurgery
   158.    Procedure for convening hearing of application
   159.    Attendance and representation at hearing
   160.    Hearing open to public
   161.    Hearing of application
   162.    Publication of names etc
   163.    Assistance by interpreters
   164.    Inspection etc of medical records
   165.    Administration of oath
   166.    Production of evidence
   167.    Records of proceedings
   168.    Record of decision
   169.    Circumstances in which Board may consent to psychosurgery
   170.    Form of consent
   171.    Circumstances in which Board must refuse to consent to psychosurgery
   172.    Notice of decision
   173.    Lapse of consent
   174.    Board may state case for Court's opinion
   175.    Determination of stated case
   176.    Granting of consent on remission of application
   177.    Report of operation etc
   178.    Review and research

           Division 2 - Electro convulsive therapy and certain prescribed treatments

   179.    Application of Division
   180.    Administration of treatment
   181.    Persons who must be present during administration of electro convulsive therapy
   182.    Places at which treatment may be administered
   183.    Requirements for obtaining informed consent
   184.    Persons presumed incapable of giving informed consent
   185.    Circumstances in which treatment may be administered with consent--persons other than involuntary patients
   186.    (Repealed)
   187.    Circumstances in which treatment may be administered to involuntary patients etc
   188.    Application to Tribunal to administer treatment to involuntary patients
   189.    (Repealed)
   190.    Notice of inquiry to obtain or determine consent
   191.    Inquiry
   192.    Matters to be checked by Tribunal
   193.    Matters which must be considered by Tribunal
   194.    Result of inquiry
   195.    Refusal of treatment by medical superintendent
   196.    Register

           Division 3 - Prohibited treatments

   197.    Prohibited treatments
   198.    Administration of drugs--generally
   199.    Administration of drugs in hospitals

   PART 2 - TREATMENTS CARRIED OUT ON PATIENTS

   200.    Application of Part
   201.    Cases of emergency
   202.    Effect of consent
   203.    Notice of operation to be given
   204.    Special medical treatment
   205.    Applications for consent to the carrying out of certain operations and treatments other than in an emergency
   206.    Application for consent
   207.    Hearing and determination of application

CHAPTER 8 - ESTABLISHMENT AND ADMINISTRATION OF HOSPITALS

   PART 1 - HOSPITALS

           Division 1 - Hospitals other than authorised hospitals

   208.    Establishment of hospitals other than authorised hospitals
   209.    Appointment of medical superintendents
   210.    Appointment of deputy medical superintendents

           Division 2 - Authorised hospitals

   211.    Application for licence
   212.    Grant or refusal of licence
   213.    Duration of licence
   214.    Annual statement and licence fee
   215.    Duplicate licence
   216.    Cancellation of licences--generally
   217.    Cancellation of licences--failure to show cause
   218.    Variation of licence
   219.    Medical services in authorised hospitals
   220.    Appointment of medical superintendent
   221.    Duties of medical superintendent
   222.    Appointment of deputy medical superintendent
   223.    Functions of deputy medical superintendent
   224.    Offence where hospital no longer authorised
   225.    Certain private hospitals to be licensed

   PART 2 - OFFICIAL VISITORS AND OTHER OFFICERS

   226.    Appointment of Principal official visitor
   227.    Functions of Principal official visitor
   228.    Appointment of official visitors
   229.    General provisions relating to the Principal official visitor and official visitors
   230.    Inspection of hospitals
   231.    Access to be given to official visitors and other matters
   232.    Other functions of official visitors
   233.    Reports to Minister
   234.    Request by patient or other person to see official visitor
   234A.   Official visitors not personally liable
   235.    Appointment of authorised officers
   236.    Functions of authorised officers
   237.    Inspection etc of hospitals
   238.    Powers of authorised officer visiting hospital
   239.    Information may not be used to incriminate
   240.    Restriction on exercise of functions of certain authorised officers
   241.    Prohibited interests of authorised officers
   242.    Appointment of welfare officers
   243.    Functions of welfare officers

   PART 3 - PATIENTS FUNDS AND ACCOUNTS

   244.    Trust funds
   245.    Patients Trust Fund
   246.    Withdrawals from patients' accounts
   247.    Discharge or death of patient
   248.    Patients' accounts to form one fund
   249.    Payments to and from Interest Account
   250.    Distribution of Interest Account
   251.    Patients Amenities Account

CHAPTER 9 - MENTAL HEALTH REVIEW TRIBUNAL

   PART 1 - THE TRIBUNAL

   252.    Constitution of the Tribunal
   252A.   Part-time arrangements
   253.    Additional provisions relating to members
   254.    Seal of the Tribunal
   255.    Functions of the Tribunal
   256.    Registrar and other officers of the Tribunal
   257.    Authentication of documents
   258.    Judicial notice of certain signatures
   259.    Certain proceedings prohibited
   260.    Application of Defamation Act 2005 to proceedings of Tribunal
   261.    Annual report
   262.    Service of documents on Tribunal
   263.    Delegation

   PART 2 - PROCEEDINGS OF THE TRIBUNAL

   264.    Composition of the Tribunal generally
   265.    Composition of the Tribunal for dealing with forensic patients
   266.    Meetings of the Tribunal
   267.    Procedure at meetings of the Tribunal
   268.    Determination whether a person is a mentally ill person etc
   269.    Appointment of person to assist the Tribunal
   270.    Chairperson and votes of members
   271.    Adjournment
   272.    Proceedings open to public
   273.    Publication of names etc
   274.    Rights of appearance and representation
   275.    Assistance of interpreters
   276.    Inspection etc of medical records
   277.    Administration of oath
   278.    Production of evidence
   279.    Records of proceedings before the Tribunal
   280.    Record of determinations etc

CHAPTER 10 - JURISDICTION OF SUPREME COURT

   281.    Appeals to the Court
   282.    Nomination of assessors
   283.    Functions of assessors on hearing of appeals
   284.    Power of the Court on appeals
   285.    Court may order discharge or transfer of patient
   286.    Other jurisdiction of the Court not affected

CHAPTER 10A - INTERSTATE APPLICATION OF MENTAL HEALTH LAWS

   PART 1 - PRELIMINARY

   286A.   Object of Chapter
   286B.   Definitions
   286C.   Authority to enter into agreements
   286D.   Corresponding laws, documents and interstate community treatment orders
   286E.   New South Wales officers may exercise functions under corresponding laws

   PART 2 - TRANSFER OF PATIENTS AND PERSONS

           Division 1 - Transfer of persons from this State

   286F.   Admission of persons to hospitals in other States
   286G.   Effect of certificates
   286H.   Transfer of patients from this State

           Division 2 - Transfer of persons to this State

   286I.   Admission of interstate persons to hospitals in this State
   286J.   Application of Act to persons brought to hospital from outside this State
   286K.   Transfer of interstate persons to hospitals in this State
   286L.   Application of Act to persons brought to hospital from outside this State

   PART 3 - COMMUNITY TREATMENT ORDERS AND OTHER ORDERS

   286M.   Community treatment orders relating to interstate persons
   286N.   Orders relating to New South Wales residents

   PART 4 - APPREHENSION OF PERSONS ABSENT FROM HOSPITAL OR IN BREACH OF ORDERS

   286O.   Recognition of warrants and orders
   286P.   Apprehension of interstate persons absent without leave or in breach of corresponding orders
   286Q.   Regulations relating to apprehension of persons

CHAPTER 11 - MISCELLANEOUS

   287.    Restrictions on holding of certain offices
   287A.   Accredited persons
   287B.   Chief Health Officer may delegate functions
   288.    Legal representation of mentally ill persons and other persons
   289.    Disclosure of information
   290.    Withholding of certain correspondence of patients and other persons
   291.    Contempt of Tribunal etc
   292.    Assistance of interpreters
   293.    Information as to follow-up care after discharge
   294.    Liability of police officers and health care professionals exercising functions under this Act
   295.    Service of notices etc
   296.    Amendment of certain documents
   297.    Offences in relation to certain certificates
   298.    Ill-treatment etc of patients
   299.    Proceedings for offences
   300.    Information as to types and dosages of medications
   301.    Annual report
   302.    Regulations
   302A.   Approved forms
   303.    Savings, transitional and other provisions
   304.    Report by Minister
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           Explanatory note


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