New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- 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