(1)  The Chief Psychiatrist, by instrument in writing, may approve individual persons (or all members of a class of persons) as mental health officers for –

(a) provisions of this Act; and

(b) provisions of any other Act in respect of which the Chief Psychiatrist may have responsibilities.

(2)  The persons (or, if applicable, each member of the class of persons) so approved must have skills, qualifications or experience relevant to the responsibilities of MHOs under the relevant statutory provisions.

(3)  Subject to subsection (2) , an approval may be conferred on –

(a) an individual (or class of) State Service employee employed in the Department other than an ambulance officer; or

(b) with the consent of the Head of another State Service Agency, an individual (or class of) State Service employee employed in that other State Service Agency; or

(c) with the consent of the Commissioner of Ambulance Services under the Ambulance Service Act 1982 , an individual (or class of) ambulance officer; or

(d) with the consent of the Commissioner of Police, an individual (or class of) police officer; or

(e) another individual (or class of) person.

(4)  An approval is not to be taken for any purpose to constitute a State Service or Police Service appointment but –

(a) any person may hold such an approval (either individually or as a member of a class) in conjunction with State Service or Police Service employment; and

(b) duties that any person performs as an MHO are taken to be part of his or her duties as a State Service officer, State Service employee or police officer.

(5)  An approval –

(a) takes effect on the day on which it is conferred or on such later day as the Chief Psychiatrist specifies in it; and

(b) unless sooner revoked, remains in effect for 5 years but may from time to time be re-conferred for an equivalent or lesser period.

(6)  The Chief Psychiatrist, by instrument in writing, may revoke an approval if he or she considers there are reasonable grounds to do so.

(7)  An individual person, by notice to the Chief Psychiatrist, may relinquish an approval at any time.

(8)  In the case of a class approval –

(a) any member of the class ceases to be a member of the class if he or she ceases for any reason to have the characteristics of the class; but

(b) the approval remains in effect as regards the remaining members of the class.

(9)  The Chief Psychiatrist is to publish each approval and each revocation or relinquishment of an approval in the Gazette and in such other ways as he or she may consider appropriate.

(10)  The Chief Psychiatrist is to notify the Tribunal of each approval and each revocation or relinquishment of an approval.

(11)  The Chief Psychiatrist –

(a) is to issue each MHO who is not a police officer or ambulance officer with an identity card which shows that he or she has that status and which the MHO may use and, if necessary, produce whenever acting in that capacity; and

(b) may issue such an identity card to each MHO who is a police officer or ambulance officer.

(12)  If a person ceases to be an MHO, the Chief Psychiatrist is to retrieve the person's identity card, if issued.

(13)  The Chief Psychiatrist has, by virtue of his or her office, all the powers and functions of an MHO.