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MENTAL HEALTH ACT 2014


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      What is mental illness?  
   5.      What are the treatment criteria?  
   6.      What is treatment?  
   7.      What is medical treatment?  
   8.      Provision of advice, notification or information under this Act  
   9.      Act binds the Crown  

   PART 2--OBJECTIVES AND MENTAL HEALTH PRINCIPLES

   10.     Objectives  
   11.     The mental health principles  

   PART 3--PROTECTION OF RIGHTS

   12.     What is a statement of rights?  
   13.     Statement of rights must be explained  
   14.     Definition  
   15.     Right to communicate  
   16.     Restriction on right to communicate  
   17.     Persons to be notified of restriction on inpatient's right to communicate  
   18.     Restriction on right to communicate to be monitored regularly  
   19.     What is an advance statement?  
   20.     Making an advance statement  
   21.     Revoking an advance statement  
   22.     Advance statement must not be amended  
   23.     Role of nominated person  
   24.     Nomination of nominated person  
   25.     Revocation of nomination  
   26.     Revocation of nomination by person who made the nomination  
   27.     Nominated person may decline to act as nominated person at any time  

   PART 4--COMPULSORY PATIENTS

   28.     What is an Assessment Order?  
   29.     Criteria for an Assessment Order  
   30.     Making an Assessment Order  
   31.     Contents of an Assessment Order  
   32.     Information requirements in relation to an Assessment Order  
   33.     Person subject to an Inpatient Assessment Order to be taken to a designated mental health service  
   34.     Duration of an Assessment Order  
   35.     Variation of an Assessment Order  
   36.     Assessment of person subject to Assessment Order by authorised psychiatrist  
   37.     Revocation or expiry of an Assessment Order  
   38.     Treatment during an Assessment Order  
   39.     Examination by authorised psychiatrist  
   40.     Notification requirements in relation to Court Assessment Orders  
   41.     Variation of a Court Assessment Order  
   42.     Treatment during Court Assessment Order  
   43.     Authorised psychiatrist to provide report to court  
   44.     Authorised psychiatrist may make Temporary Treatment Order  
   45.     What is a Temporary Treatment Order?  
   46.     Authorised psychiatrist may make Temporary Treatment Order  
   47.     Restriction on who can make Temporary Treatment Order  
   48.     Community or Inpatient Temporary Treatment Order?  
   49.     Contents of a Temporary Treatment Order  
   50.     Information and other requirements in relation to Temporary Treatment Orders  
   51.     Duration of a Temporary Treatment Order  
   52.     What is a Treatment Order?  
   53.     Tribunal to determine whether to make person subject to Treatment Order  
   54.     Authorised psychiatrist may make an application for a Treatment Order  
   55.     Making a Treatment Order  
   56.     Contents of a Treatment Order  
   57.     Duration of a Treatment Order  
   58.     Variation of Temporary Treatment Orders and Treatment Orders  
   59.     Requirements in relation to varied Temporary Treatment Orders and Treatment Orders  
   60.     Application to Tribunal to revoke Temporary Treatment Order or Treatment Order  
   61.     Revocation of Temporary Treatment Order or Treatment Order if treatment criteria do not apply  
   62.     Expiry of Temporary Treatment Order or Treatment Order if certain other Orders made  
   63.     Notification requirements for expired or revoked Temporary Treatment Orders and Treatment Orders  
   64.     Leave of absence with approval  
   65.     Another designated mental health service to provide assessment or treatment—variation by authorised psychiatrist or as directed by chief psychiatrist  
   66.     Application for review of direction to vary Order  
   67.     Effect of detention in custody on certain Orders  

   PART 5--TREATMENT

   68.     Capacity to give informed consent under this Act  
   69.     Meaning of informed consent  
   70.     Presumption that person has capacity to give informed consent  
   71.     When a patient does not give consent to treatment  
   72.     Patients to be treated for mental illness  
   73.     Circumstances in which patient's preferences in advance statement may be overridden  
   74.     Giving informed consent to medical treatment  
   75.     Who may consent to medical treatment if patient does not have capacity to give informed consent?  
   76.     Matters authorised psychiatrist must have regard to if consenting to medical treatment of patient  
   77.     Urgent medical treatment  
   78.     Definition  
   79.     Right to a second psychiatric opinion  
   80.     Who may give a second psychiatric opinion?  
   81.     Functions of a psychiatrist giving a second opinion  
   82.     Powers of a psychiatrist giving a second psychiatric opinion  
   83.     Reasonable assistance must be provided  
   84.     Second psychiatric opinion report  
   85.     Authorised psychiatrist must assess entitled patient (other than forensic patient) again in specified circumstances  
   86.     Authorised psychiatrist must review entitled patient's treatment in specified circumstances  
   87.     Application to chief psychiatrist for review of treatment  
   88.     Review by chief psychiatrist  
   89.     Application for review may be withdrawn  
   90.     Definition of young person  
   91.     Meaning of a course of electroconvulsive treatment  
   92.     When may electroconvulsive treatment be performed?  
   93.     Application to Tribunal to perform electroconvulsive treatment on a patient who is not a young person  
   94.     Application to perform electroconvulsive treatment on a young person  
   95.     Listing of electroconvulsive treatment applications by Tribunal  
   96.     Powers of Tribunal in respect of electroconvulsive treatment application  
   97.     Order approving electroconvulsive treatment  
   98.     Electroconvulsive treatment must not be performed in certain circumstances  
   99.     Use of electroconvulsive treatment to be reported to chief psychiatrist  
   100.    Psychiatrist may apply to Tribunal for approval to perform neurosurgery for mental illness  
   101.    Listing of application to perform neurosurgery for mental illness  
   102.    Powers of Tribunal in respect of application for neurosurgery for mental illness  
   103.    Notice of decision  
   104.    Report to chief psychiatrist  

   PART 6--RESTRICTIVE INTERVENTIONS

   105.    When may a restrictive intervention be used?  
   106.    Facilities and supplies to be provided to person  
   107.    Notification of use of restrictive intervention  
   108.    Use of restrictive intervention to be reported to chief psychiatrist  
   109.    Release from restrictive intervention  
   110.    When may seclusion be used?  
   111.    Use of seclusion to be authorised  
   112.    Monitoring of person in seclusion  
   113.    When may a bodily restraint be used?  
   114.    Use of bodily restraint to be authorised  
   115.    Urgent use of bodily restraint without authorisation  
   116.    Monitoring of person on whom a bodily restraint is used  

   PART 7--ADMINISTRATION

   117.    Role of Secretary  
   118.    Functions of the Secretary  
   119.    The chief psychiatrist  
   120.    The role of the chief psychiatrist  
   121.    Functions of the chief psychiatrist  
   122.    Investigations by chief psychiatrist  
   123.    Powers of entry  
   124.    Power to give written direction to persons to produce documents or answer questions  
   125.    Member of staff of mental health service provider to give any reasonable assistance  
   126.    Report and recommendations following investigation by chief psychiatrist  
   127.    Report and response to be given to the Secretary  
   128.    Publication and response  
   129.    Chief psychiatrist may give written directions to mental health service providers  
   130.    Chief psychiatrist may conduct clinical reviews  
   131.    Chief psychiatrist to give notice of intention to conduct clinical review  
   132.    Clinical review reports and recommendations  
   133.    Standards, guidelines or practice directions to address systemic issues identified in clinical review  
   134.    Chief psychiatrist may conduct clinical practice audit  
   135.    Chief psychiatrist must make record  
   136.    Reports  
   137.    Reports to be given to the Secretary  
   138.    Publication of report  
   139.    Standards, guidelines or practice directions to address systemic issues identified in clinical practice audit  
   140.    Confidentiality obligations applying in respect of information from clinical practice audit or clinical review  
   141.    Confidentiality of documents  
   142.    Provision of staff  
   143.    Contractors  
   144.    Power of chief psychiatrist to delegate  
   145.    Reports submitted by the chief psychiatrist  
   146.    Chief psychiatrist may appoint authorised officers  
   147.    Identity cards  
   148.    Production of identity card  
   149.    Emergency declaration of designated mental health services  
   150.    Appointment of authorised psychiatrist  
   151.    Authorised psychiatrist may delegate powers and functions  

   PART 8--MENTAL HEALTH TRIBUNAL

   152.    Establishment of the Mental Health Tribunal  
   153.    Functions of the Tribunal  
   154.    General powers of the Tribunal  
   155.    Protection of members, persons and witnesses  
   156.    Membership  
   157.    President  
   158.    Deputy President  
   159.    Senior members and ordinary members  
   160.    Legal members  
   161.    Psychiatrist members  
   162.    Registered medical practitioner members  
   163.    Community members  
   164.    Appointments to act as President or Deputy President  
   165.    Remuneration and allowances  
   166.    Public Administration Act 2004 does not apply to members  
   167.    Resignation  
   168.    Suspension  
   169.    Investigation  
   170.    Vacation and removal from office  
   171.    Employment of staff  
   172.    Functions of principal registrar  
   173.    Functions of registrars  
   174.    Delegation  
   175.    Secrecy  
   176.    Register of proceedings  
   177.    Annual report of the Tribunal  
   178.    Divisions of the Tribunal  
   179.    Constitution of the Tribunal  
   180.    Presiding member  
   181.    General procedure  
   182.    Who are the parties to a proceeding?  
   183.    Joinder of parties  
   184.    Appearance and representation at hearing  
   185.    Interpreters  
   186.    Form and content of applications to the Tribunal  
   187.    Principal registrar may reject certain applications  
   188.    Withdrawal of proceedings  
   189.    Notice of hearing  
   190.    Multiple matters in respect of one person may be held concurrently  
   191.    Access to documents  
   192.    Adjournment of certain hearings only in exceptional circumstances  
   193.    Hearings to be closed to the public  
   194.    Details of person not to be published without consent of President  
   195.    Determination of proceedings  
   196.    Questions of law  
   197.    Referral of question of law to Court  
   198.    Requesting a statement of reasons  
   199.    Correction of Order or statement of reasons  
   200.    Validity of proceedings  
   201.    Review by VCAT  
   202.    Use of experts  
   203.    Witness summons  
   204.    Failure to comply with summons  
   205.    False or misleading information  
   206.    Contempt of the Tribunal  
   207.    Establishment of Rules Committee  
   208.    Functions of the Rules Committee  
   209.    Power to make rules and issue practice notes  
   210.    Membership of the Rules Committee  
   211.    Meeting procedure  
   212.    Validity of decisions  

   PART 9--COMMUNITY VISITORS

   213.    Definition  
   214.    Appointment of community visitors  
   215.    General provisions as to community visitors  
   216.    Functions of a community visitor  
   217.    Powers of community visitors  
   218.    When may community visitors visit prescribed premises?  
   219.    Request to see a community visitor  
   220.    Reasonable assistance to be given to community visitors  
   221.    Community Visitors Mental Health Board  
   222.    Matter may be referred  
   223.    Reports by community visitors  
   224.    Annual report of Community Visitors Mental Health Board  
   225.    Secrecy provision  

   PART 10--COMPLAINTS

   226.    Mental Health Complaints Commissioner  
   227.    Vacation of office  
   228.    Functions of the Commissioner  
   229.    Powers of the Commissioner  
   230.    Provision of staff and contractors  
   231.    Protection from liability  
   232.    Making a complaint to the Commissioner  
   233.    Referred complaints  
   234.    Grounds for making a complaint  
   235.    How to make a complaint  
   236.    Time by when complaint to be made  
   237.    Withdrawal of complaint  
   238.    Preliminary assessment of complaint  
   239.    Information relating to complaint to be provided  
   240.    Circumstances in which Commissioner may close a complaint  
   241.    Notice of complaint closure  
   242.    Referring a complaint with or without consent  
   243.    Commissioner may accept complaints and undertakings  
   244.    Conciliation process  
   245.    Parties may be represented at conciliation  
   246.    Discontinuation of conciliation  
   247.    Conciliation outcome  
   248.    Conciliation agreements  
   249.    Secrecy  
   250.    Identity cards for investigators  
   251.    Identity cards to be produced by investigators  
   252.    Investigation of a complaint  
   253.    Notice of investigation  
   254.    Power of entry  
   255.    Powers to compel attendance and call for evidence and documents  
   256.    Restrictions on powers  
   257.    Report of findings following investigation  
   258.    Mental health service provider response to report  
   259.    Publication of report  
   260.    Compliance notice  
   261.    Application for review—compliance notice  
   262.    Offence not to comply with compliance notice  
   263.    Requirement to provide reasonable assistance to Commissioner  
   264.    Person not to be penalised because of complaining to Commissioner  
   265.    Secrecy  
   266.    Local complaint mechanisms to be established by mental health service providers  
   267.    Mental health service providers to report on complaints  
   268.    Annual report of the Commissioner  

   PART 11--SECURITY PATIENTS

   269.    Construction of references  
   270.    Taking person subject to a Court Secure Treatment Order from prison to designated mental health service  
   271.    Notification of receipt of security patient subject to a Court Secure Treatment Order  
   272.    Application to Tribunal in relation to security patient subject to Court Secure Treatment Order  
   273.    Tribunal hearing in relation to Court Secure Treatment Order  
   274.    Discharge of person subject to a Court Secure Treatment Order  
   275.    What is a Secure Treatment Order?  
   276.    Making a Secure Treatment Order  
   277.    Notification of receipt of security patient subject to a Secure Treatment Order  
   278.    Application for revocation of Secure Treatment Order  
   279.    Tribunal hearing in relation to Secure Treatment Order  
   280.    Discharge of person subject to a Secure Treatment Order  
   281.    Grant of leave of absence  
   282.    Revocation of leave of absence  
   283.    Notification requirements for leave of absence  
   284.    Application to Tribunal  
   285.    Monitored leave application and grant  
   286.    Monitored leave conditions, duration and variation  
   287.    Matters to take into account  
   288.    Applicant profiles and leave plans for monitored leave  
   289.    Revocation of monitored leave  
   290.    Notification requirements for monitored leave  
   291.    Authorised psychiatrist may direct security patient to be taken to another designated mental health service  
   292.    Chief psychiatrist may direct security patient to be taken to another designated mental health service  
   293.    Role of authorised psychiatrist in taking security patient to another designated mental health service  
   294.    Application to Tribunal for review of direction to take security patient to another designated mental health service  
   295.    Cessation of security patient status  
   296.    Security conditions  
   297.    Notification and directions following discharge of security patient subject to Court Secure Treatment Order or Secure Treatment Order  
   298.    Custody of security patients  
   299.    Warrant to arrest security patient absent without leave who leaves Victoria  
   300.    Definitions  
   301.    Warrant to arrest interstate security patient who absconds to Victoria  
   302.    Orders that Magistrates' Court may make in respect of interstate security patients  
   303.    Translated sentence for interstate security patient  
   304.    Provisions relating to translated sentences  

   PART 12--FORENSIC PATIENTS

   305.    Definition  
   307.    Authorised psychiatrist may direct taking forensic patient to another designated mental health service  
   308.    Chief psychiatrist may direct forensic patient to be taken to another designated mental health service  
   309.    Role of authorised psychiatrist in transferring forensic patient  
   310.    Application to Forensic Leave Panel for review of decision to take forensic patient to another designated mental health service  
   311.    Security conditions  
   312.    Leave of absence for forensic patient  

   PART 13--INTERSTATE APPLICATION OF MENTAL HEALTH PROVISIONS

   313.    Definitions  
   314.    Corresponding laws and Orders  
   315.    Ministerial agreements  
   316.    Victorian officers may exercise powers under corresponding laws  
   317.    Interstate officers may perform functions or exercise powers in Victoria  
   318.    Taking person from Victoria to interstate mental health facility for assessment  
   319.    Taking person from interstate to Victoria for assessment  
   320.    Transfer of responsibility for treatment of person to interstate mental health facility—with person's consent  
   321.    Transfer of responsibility for treatment of person to interstate mental health facility—without person's consent  
   322.    Taking person to interstate mental health facility—with person's consent  
   323.    Taking person to interstate mental health facility—without person's consent  
   324.    Person subject to interstate compulsory order taken to Victoria to determine suitability for Temporary Treatment Order  
   325.    Interstate application of Victorian Orders  
   326.    Apprehension of persons absent without leave from interstate facilities  
   327.    Persons absent without leave from designated mental health service  

   PART 14--VICTORIAN INSTITUTE OF FORENSIC MENTAL HEALTH

   328.    Victorian Institute of Forensic Mental Health  
   329.    Trading name  
   330.    Functions of the Institute  
   331.    Powers of the Institute  
   332.    Board of directors  
   333.    Constitution of board of directors  
   334.    Appointment of directors  
   335.    Terms and conditions of appointment of directors  
   336.    Resignation and removal  
   337.    Protection from liability  
   338.    Validity of acts or decisions  
   339.    Procedure of board of directors  
   340.    Chief executive officer  
   341.    Institute may employ persons  
   342.    Minister may issue directions  
   343.    Strategic plan  
   344.    Statement of priorities  
   345.    Board of directors to give notice of significant events  

   PART 15--GENERAL

   346.    Disclosure of health information  
   347.    Information from electronic health information system  
   348.    Chief psychiatrist to be notified of reportable deaths  
   349.    Notification of death of security patient or forensic patient  
   350.    Bodily restraint and sedation may be used when taking person  
   351.    Apprehension of person by police officer or protective services officer  
   352.    Apprehension of person absent without leave  
   353.    Power to enter premises, apprehend and take person to or from a designated mental health service  
   354.    Search powers  
   355.    Preservation of privacy and dignity during search  
   356.    Power to seize and detain things  
   357.    Payment for examination  
   358.    Offence to give false or misleading information  
   359.    Destroying or damaging records  
   360.    Protection against self-incrimination  
   361.    Validity of order if there is an error  
   362.    Power to bring proceedings  
   363.    Defect in appointment or delegation  
   364.    Conflict of interest  
   365.    Service of documents  
   366.    Purpose of Codes of Practice  
   367.    Making of Codes of Practice  
   368.    Commencement and availability of Codes of Practice  
   369.    Power to apply, adopt or incorporate  
   370.    Regulations  
   371.    Fees  

   PART 16--REPEAL OF MENTAL HEALTH ACT 1986, SAVINGS AND TRANSITIONAL PROVISIONS

   373.    Definitions  
   374.    Mental Health Act 1986 repealed  
   375.    Request and recommendation for involuntary treatment—section 9 of 1986 Act  
   376.    Authority to transport—section 9A of the 1986 Act  
   377.    Transfers and apprehensions  
   378.    Involuntary treatment order not confirmed—section 12 of the 1986 Act  
   379.    Involuntary treatment order not confirmed—section 12AA of the 1986 Act  
   380.    Involuntary treatment order not reviewed—section 12AC of the 1986 Act  
   381.    Continued detention and treatment of involuntary patient—sections 12A, 12C and 12D  
   382.    Community treatment order—section 14 of the 1986 Act—no review by Board  
   383.    Community treatment order—section 14—review and confirmation by Board  
   384.    Restricted community treatment order—section 15A of the 1986 Act  
   385.    Hospital transfer order and restricted hospital transfer order—section 16  
   386.    Transfer of person detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997  
   387.    Appeals, reviews, proceedings and determinations  
   388.    Secrecy provisions  
   389.    Transfer of involuntary patient to another approved mental health service  
   390.    Leave of absence  
   391.    Discharge after absence  
   392.    Apprehension of involuntary patient absent without leave  
   393.    Transfer of security patient to another approved mental health service  
   394.    Involuntary treatment order reviewed and confirmed by Board—section 36 of the 1986 Act  
   395.    Leave of absence for security patients granted under section 51 of 1986 Act  
   396.    Special leave of absence for security patients granted under section 52 of 1986 Act  
   397.    Apprehension of security patient absent without leave under section 53 of 1986 Act  
   398.    Transfer of forensic patient to another approved mental health service  
   399.    Apprehension of forensic patient absent without leave under section 53AD of 1986 Act  
   400.    Psychosurgery  
   401.    Electroconvulsive therapy  
   402.    Restraint and seclusion  
   403.    Urgent non-psychiatric treatment  
   404.    Corresponding laws and orders  
   405.    Ministerial agreements  
   406.    Transfer of persons from this State  
   407.    Admission of persons from interstate  
   408.    Transfer of patients from this State  
   409.    Transfer of patients from interstate  
   410.    Apprehension of person absent from interstate facilities  
   411.    Escort of Victorian patients apprehended interstate  
   412.    Warrant to arrest interstate security patient who absconds to Victoria  
   413.    Orders Magistrates' Court may make in respect of interstate security patients  
   414.    Translated sentence for interstate security patient  
   415.    Emergency declaration of approved mental health services  
   416.    Authorized psychiatrist  
   417.    Provision of staff services  
   418.    Chief psychiatrist  
   419.    Authorised officers  
   420.    Reportable deaths  
   421.    Community visitors  
   422.    Victorian Institute of Forensic Mental Health  
   423.    Review of certain decision by VCAT  
   424.    Payment for recommendation  
   425.    Constitution of the Mental Health Tribunal  
   426.    President and members of the Mental Health Review Board  
   427.    Psychosurgery Review Board  
   428.    Repeal of spent provisions  

   PART 16A--GENERAL SAVINGS AND TRANSITIONALS

   428A.   Transitional—Mental Health Amendment Act 2015  
           ENDNOTES


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