New South Wales Repealed Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SCHEDULE 1

SCHEDULE 1 – Dictionary of terms used in the Act

(Section 3)

"accredited person" means a person appointed under section 287A to be an accredited person.
"administration of a treatment to a person", in Division 2 of Part 1 of Chapter 7, includes the performance of an operation on the person.
"affected person" means a person in respect of whom a community counselling order or a community treatment order has been applied for or made.
"appeal", in Chapter 10, means an appeal under section 281.
"assessor", in Chapter 10, means a person nominated as an assessor under section 282.
"authorised applicant", in relation to an application for a community counselling order or community treatment order, means:

(a) the affected person, or
(b) a near relative of, or a relative nominated by, the affected person, or
(c) a medical practitioner who is familiar with the clinical history of the affected person, or
(d) a person prescribed by the regulations as being authorised to make such an application.
"authorised hospital" means premises in respect of which a licence has been granted to any person under Division 2 of Part 1 of Chapter 8.
"authorised officer", in relation to any function conferred or imposed on an authorised officer by this Act, means a person appointed under section 235 to be an authorised officer and who is entitled to exercise that function.
"behaviour", in the definition of "psychosurgery", does not include:
(a) grand mal, petit mal or Jacksonian epilepsy, or
(b) complex apparently automatic behaviour, whether presumed to be secondary to cerebral dysrhythmia or not,
but does include rage attacks, whether or not associated with epilepsy.
"Board", in Chapter 7, means the Psychosurgery Review Board.
"Chief Health Officer" means the Chief Health Officer of the Department of Health.
"community counselling order" means a community counselling order made under section 118 and for the time being in force.
"community treatment order" means a community treatment order made under section 131 and for the time being in force.
"competent interpreter" means a person approved by the Director-General for the purposes of this definition or a person who has such qualifications as may be approved by the Director-General for the purposes of this definition.
"continued treatment patient" means a temporary patient who is classified as a continued treatment patient under section 57 or 59 or a forensic patient who is classified as a continued treatment patient under section 89.
"Court" means the Supreme Court.
"Deputy President", in Chapter 9 and Schedule 6, means a person appointed, for the time being, as a Deputy President of the Tribunal.
"determination of the Tribunal", in Chapters 9 and 10, includes an order, direction or decision of the Tribunal.
"Director", in relation to a health care agency, means the person who, in an order for the time being in force under section 115, is appointed as Director of the agency and, if a Deputy Director is appointed, includes the Deputy Director.
"Director-General" means the Director-General of the Department of Health.
"exercise of a function" includes, where the function is a duty, a reference to the performance of the duty.
"forensic patient" means:
(a) a person who is detained in a hospital, prison or other place, or released from custody subject to conditions, pursuant to an order under section 10 (3) (c), 14, 17 (3), 25, 27 or 39 of the Mental Health (Criminal Procedure) Act 1990 or section 7 (4) of the Criminal Appeal Act 1912 (including that subsection as applied by section 5AA (5) of that Act), or
(b) a person who is detained in a hospital pending the person's committal for trial for an offence or pending the person's trial for an offence, or
(c) a person who has been transferred to a hospital while serving a sentence of imprisonment and who has not been classified by the Tribunal as a continued treatment patient, or
(d) a person who is granted bail pursuant to section 14 (b) (ii) or 17 (2) of the Mental Health (Criminal Procedure) Act 1990 .
"function" includes a power, authority and duty.
"guardian", in relation to the exercise of any function under this Act by the guardian of a person under guardianship within the meaning of the, means a guardian who is able to exercise that function.
"health care agency" means a hospital or other health care service declared by an order under section 114 to be a health care agency.
"hospital" means:
(a) any premises the subject of an order in force under section 208 by which the premises are declared to be a hospital, or
(b) an authorised hospital.
"informal patient" means:
(a) a person who has been admitted to a hospital under section 12, or
(b) a person who has been classified as an informal patient under section 54 or 64.
"medical superintendent", in relation to:
(a) a hospital, other than an authorised hospital, means the medical practitioner appointed, under section 209, as medical superintendent of the hospital, and
(b) an authorised hospital, means the medical practitioner appointed, under section 220, as medical superintendent of the authorised hospital,
and, in Chapter 4, sections 142 and 143 and Division 2 of Part 1 of Chapter 7, includes a reference to a medical officer, nominated by the medical superintendent, attached to the hospital or authorised hospital, as the case may be.
"member", in Chapter 9 and Schedule 6, means a person appointed, for the time being, as a member of the Tribunal.
"member", in Schedule 4, means member of the Psychosurgery Review Board.
"mental illness" means a condition which seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterised by the presence in the person of any one or more of the following symptoms:
(a) delusions,
(b) hallucinations,
(c) serious disorder of thought form,
(d) a severe disturbance of mood,
(e) sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms referred to in paragraphs (a)-(d).
"mentally disordered person", for the purposes of this Act set out in section 8, means a person who satisfies the relevant criteria set out in Chapter 3.
"mentally ill person", for the purposes of this Act set out in section 8, means a person who satisfies the relevant criteria set out in Chapter 3.
"near relative", in relation to a person, means a parent, brother, sister or child or the spouse of the person and such other person or persons as may be prescribed as a near relative of the person.
"nearest relative", in relation to a patient (in Division 1 of Part 1 of Chapter 7) or in relation to a patient or a person under detention in a hospital (in Part 2 of Chapter 7), means:
(a) if the patient or person has a spouse and is not separated from his or her spouse by order of a court or by agreement--the patient's or person's spouse, or
(b) except as provided by paragraph (c), if the patient or person has no spouse or has a spouse, but is separated from his or her spouse by order of a court or by agreement, the parents or the surviving parent of the patient or person, or
(d) if it is ascertained, or not able to be ascertained, that the patient or person has no spouse or surviving parent, or no particulars of the name and whereabouts of any such spouse or surviving parent may be ascertained--such person, if any, as, in the opinion of the person concerned to identify the nearest relative, has the care, or custody of the patient or person,
but, if the person is a person under guardianship within the meaning of the Guardianship Act 1987 , means the person's guardian.
"official visitor", in Schedule 5, includes the Principal official visitor.
"patient" (except in Division 1 of Part 1 of Chapter 7) means a person who is admitted to a hospital in accordance with this Act and who is in the hospital following the person's admission, and includes a person so admitted while absent from a hospital either with or without leave of absence.
"patient", in Division 1 of Part 1 of Chapter 7, means a person on whom psychosurgery is or is intended to be performed.
"patient's account", in Part 3 of Chapter 8, means the account kept in relation to a patient under section 245 (2).
"person who administers a treatment", in Division 2 of Part 1 of Chapter 7, includes a person who causes a treatment to be administered and a person who knowingly permits a treatment to be administered.
"person who performs psychosurgery", in Division 1 of Part 1 of Chapter 7, includes a person who causes psychosurgery to be performed and a person who knowingly permits psychosurgery to be performed.
"premises" includes any land, building and part of any building.
"President", in Chapter 9 and Schedule 6, means the person appointed, for the time being, as the President of the Tribunal.
"prison" has the same meaning as "correctional centre" has in the Crimes (Administration of Sentences) Act 1999 .
"psychiatric case manager" means an officer or an employee of a health care agency who is appointed as the psychiatric case manager of an affected person.
"psychosurgery" means:
(a) the creation of 1 or more lesions, whether made on the same or separate occasions, in the brain of a person by any surgical technique or procedure, when it is done primarily for the purpose of altering the thoughts, emotions or behaviour of the person, or
(b) the use for such a purpose of intracerebral electrodes to produce such a lesion or lesions, whether on the same or separate occasions, or
(c) the use on 1 or more occasions of intracerebral electrodes primarily for the purpose of influencing or altering the thoughts, emotions or behaviour of a person by stimulation through the electrodes without the production of a lesion in the brain of the person,
but does not include a neurological procedure carried out for the relief of symptoms of Parkinson's disease.
"Psychosurgery Review Board" means the body of that name constituted under Division 1 of Part 1 of Chapter 7.
"responsible medical officer", in relation to a patient, means a medical practitioner responsible for the clinical care of the patient at the time the clinical care is given.
"responsible person", in Part 3 of Chapter 8, means:
(a) in relation to a hospital, other than an authorised hospital--the Director-General, and
(b) in relation to an authorised hospital--the medical superintendent of the authorised hospital.
"special medical treatment", in Part 2 of Chapter 7, means:
(a) a treatment, procedure, operation or examination that is intended, or is reasonably likely, to have the effect of rendering permanently infertile the person on whom it is carried out, or
(b) any other medical treatment that is declared by the regulations to be special medical treatment.
"spouse" means:
(a) a husband or wife, or
(b) the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 ,
but where more than one person would so qualify as a spouse, means only the last person so to qualify.
"surgical operation", in Part 2 of Chapter 7, means a surgical procedure, a series of related surgical operations or surgical procedures, and the administration of an anaesthetic for the purpose of medical investigation.
"taking to and detaining in a hospital" includes, in relation to a person who is at, but not detained in accordance with this Act in, a hospital, the detaining of a person in a hospital.
"temporary patient" means a person in respect of whom a direction given under section 51 (3) or a determination made under section 57 is in force.
"treatment plan", in Chapter 6, means a plan that states:
(a) in general terms, an outline of proposed treatment, counselling, management, rehabilitation and other services to be provided, and
(b) in specified terms, the method by which, the frequency with which, and the place at which, the services would be provided,
to implement a community counselling order or a community treatment order.
"Tribunal" means the Mental Health Review Tribunal constituted under Chapter 9.
"welfare officer" means a person appointed to be a welfare officer under section 242.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback