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MENTAL HEALTH ACT 2014 - SECT 3

Definitions

    (1)     In this Act—

"Aboriginal person "means a person who—

        (a)     is descended from an Aborigine or Torres Strait Islander; and

        (b)     identifies as an Aborigine or Torres Strait Islander; and

        (c)     is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

"accept a complaint" means agree to deal with a complaint;

"Adult Parole Board" means the Adult Parole Board established by section 61 of the Corrections Act 1986 ;

advance statement has the meaning given in section 19;

"Assessment Order" means an Order within the meaning of section 28;

"Australian Health Practitioner Regulation Agency" means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law;

S. 3(1) def. of Australian legal practitioner repealed by No. 26/2014 s. 457.

    *     *     *     *     *

S. 3(1) def. of Australian lawyer repealed by No. 26/2014 s. 457.

    *     *     *     *     *

"authorised officer "means an authorised officer appointed under section 146;

"authorised person" means—

        (a)     a police officer; or

        (b)     an ambulance paramedic; or

        (c)     a registered medical practitioner employed or engaged by a designated mental health service; or

        (d)     a mental health practitioner; or

        (e)     a member of a class of prescribed persons;

"authorised psychiatrist" means a person appointed as an authorised psychiatrist for a designated mental health service under section 150;

"authorised witness" means—

        (a)     a registered medical practitioner; or

        (b)     a mental health practitioner; or

        (c)     a person who may witness the signing of a statutory declaration under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 ;

"board of directors" means the board of directors of the Victorian Institute of Forensic Mental Health;

"bodily restraint "means a form of physical or mechanical restraint that prevents a person having free movement of his or her limbs, but does not include the use of furniture (including beds with cot sides and chairs with tables fitted on their arms) that restricts the person's ability to get off the furniture;

capacity to give informed consent has the meaning given in section 68;

S. 3(1) def. of care by Secretary order
inserted by No. 61/2014 s. 169(1)(b).

care by Secretary order has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005 ;

care relationship has the meaning given in section 4 of the Carers Recognition Act 2012 ;

"carer" has the same meaning as in section 3 of the Carers Recognition Act 2012 but does not include a parent if the person to whom care is provided is under the age of 16 years;

S. 3(1) def. of Chief Comm-issioner of Police amended by No. 26/2014 s. 456(a).

"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under the Victoria Police Act 2013 ;

"chief psychiatrist" means the person appointed as chief psychiatrist under section 119;

"close a complaint" means refuse to deal with a complaint or cease dealing with a complaint;

"Commissioner "means the person appointed as Mental Health Complaints Commissioner under section 226;

"Community Assessment Order" means an Order within the meaning of section 28(2);

"Community Court Assessment Order" means an Order within the meaning of section 90(2) of the Sentencing Act 1991 ;

"Community Temporary Treatment Order" means an Order within the meaning of section 45(2);

"Community Treatment Order" means an Order within the meaning of section 52(2);

"Community Visitors Mental Health Board" means the body referred to in section 221;

"compliance notice "means a notice served on a mental health service provider under section 260;

"compulsory patient" means a person who is subject to—

        (a)     an Assessment Order; or

        (b)     a Court Assessment Order; or

        (c)     a Temporary Treatment Order; or

        (d)     a Treatment Order;

"consent", in relation to health information, has the same meaning as it has in section 3(1) of the Health Records Act 2001 ;

"consumer" means a person who—

        (a)     has received mental health services from a mental health service provider; or

        (b)     is receiving mental health services from a mental health service provider; or

        (c)     was assessed by an authorised psychiatrist and was not provided with treatment; or

        (d)     sought or is seeking mental health services from a mental health service provider and was or is not provided with mental health services;

"Court Assessment Order" means an Order within the meaning of section 90 of the Sentencing Act 1991 ;

"Court Secure Treatment Order" means an Order within the meaning of section 94A of the Sentencing Act 1991 ;

S. 3(1) def. of custody to Secretary order repealed by No. 61/2014 s. 169(1)(a).

    *     *     *     *     *

"designated mental health service" means—

        (a)     a prescribed public hospital within the meaning of section 3(1) of the Health Services Act 1988 ; or

        (b)     a prescribed public health service within the meaning of section 3(1) of the Health Services Act 1988 ; or

        (c)     a prescribed denominational hospital within the meaning of section 3(1) of the Health Services Act 1988 ; or

        (d)     a prescribed privately-operated hospital within the meaning of section 3(1) of the Health Services Act 1988 ; or

        (e)     a prescribed private hospital within the meaning of section 3(1) of the Health Services Act 1988 that is registered as a health service establishment under Part 4 of that Act; or

        (f)     the Victorian Institute of Forensic Mental Health;

S. 3(1) def. of designated place inserted by No. 55/2014 s. 174.

"designated place" has the same meaning as in section 3(1) of the Victoria Police Act 2013 ;

"diverse "means culturally, religiously, racially and linguistically diverse;

"domestic partner "of a person means—

        (a)     a person who is in a registered domestic relationship with the person; or

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

"electroconvulsive treatment" means the application of electric current to specific areas of a person's head to produce a generalised seizure;

entitled patient has the meaning given in section 78;

S. 3(1) def. of family reunification order inserted by No. 61/2014 s. 169(1)(b).

"family reunification order" has the same meaning as it has in section 3(1) of the Children, Youth and Families Act 2005 ;

forensic patient has the meaning given in section 305;

"guardian" has the same meaning as it has in section 3(1) of the Guardianship and Administration Act 1986 ;

S. 3(1) def. of guardianship to Secretary order repealed by No. 61/2014 s. 169(1)(a).

    *     *     *     *     *

"health information" has the same meaning as it has in section 3(1) of the Health Records Act 2001 ;

"health practitioner" means an individual who practises a health profession;

"Health Privacy Principles" means any of the Health Privacy Principles set out in Schedule 1 to the Health Records Act 2001 ;

"health profession" has the same meaning as in section 5 of the Health Practitioner Regulation National Law;

informed consent has the meaning given in section 69;

"inpatient" means a patient who is detained in a designated mental health service;

"Inpatient Assessment Order" means an Order within the meaning of section 28(3);

"Inpatient Court Assessment Order" means an Order within the meaning of section 90(3) of the Sentencing Act 1991 ;

"Inpatient Temporary Treatment Order" means an Order within the meaning of section 45(3);

"Inpatient Treatment Order" means an Order within the meaning of section 52(3);

"Institute" means the Victorian Institute of Forensic Mental Health continued under section 328;

"investigator" means a member of staff or a contractor referred to in section 230 to whom the Commissioner has delegated his or her investigative functions;

medical treatment has the meaning given in section 7;

"mental health practitioner" means a person who is employed or engaged by a designated mental health service and is a—

        (a)     registered psychologist; or

        (b)     registered nurse; or

        (c)     social worker; or

        (d)     registered occupational therapist;

"mental health principles" means the principles specified in section 11;

"mental health service provider" means—

        (a)     a designated mental health service; or

        (b)     a publicly funded mental health community support service;

"mental illness" has the meaning given in section 4;

"neurosurgery for mental illness" means—

        (a)     any surgical technique or procedure by which one or more lesions are created in a person's brain on the same or on separate occasions for the purpose of treatment; or

        (b)     the use of intracerebral electrodes to create one or more lesions in a person's brain on the same or on separate occasions for the purpose of treatment; or

        (c)     the use of intracerebral electrodes to cause stimulation through the electrodes on the same or on separate occasions without creating a lesion in the person's brain for the purpose of treatment;

"nominated person "means a person who is nominated under section 24;

"Panel" means the Forensic Leave Panel established under section 59 of the Crimes   (Mental Impairment and Unfitness to be Tried) Act 1997 ;

"parent", in relation to a person under the age of 18 years, includes the following—

        (a)     a person who has custody or daily care and control of the person;

        (b)     a person who has all the duties, powers, responsibilities and authority (whether conferred by a court or otherwise) which by law parents have in relation to their children;

        (c)     any other person who has the legal right to make decisions about medical treatment of the person;

"party" in Part 10 means—

        (a)     a person who makes a complaint; or

        (b)     the consumer in relation to a complaint; or

        (c)     the mental health service provider in relation to which a complaint is made;

"patient" means—

        (a)     a compulsory patient; or

        (b)     a security patient; or

        (c)     a forensic patient;

S. 3(1) def. of police officer amended by No. 26/2014 s. 456(b).

"police officer" means a member of the force within the meaning of the Victoria Police Act 2013 ;

S. 3(1) def. of protective services officer inserted by No. 55/2014 s. 174.

"protective services officer" has the same meaning as in section 3(1) of the Victoria Police Act 2013 ;

S. 3(1) def. of psychiatrist amended by No. 15/2015 s 4(a).

"psychiatrist" means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student);

"Public Advocate "means the person appointed as the Public Advocate under Part 3 of the Guardianship and Administration Act 1986 ;

"registered dental practitioner "means a person who is registered under the Health Practitioner Regulation National Law to practise in the dental profession (other than as a student);

"registered medical practitioner "means a person who is registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

"registered nurse "means a person who is registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student) and is in the registered nurses division of that profession;

"registered occupational therapist "means a person who is registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student);

"registered psychologist" means a person who is registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

"restrictive intervention" means seclusion or bodily restraint;

"rules" , in Part 8, means rules made by the Rules Committee of the Tribunal;

"seclusion" means the sole confinement of a person to a room or any other enclosed space from which it is not within the control of the person confined to leave;

S. 3(1) def. of Secretary amended by No. 15/2015 s 4(b).

"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services;

S. 3(1) def. of Secretary
to the Department of Human Services repealed by No. 15/2015 s 4(c).

    *     *     *     *     *

S. 3(1) def. of Secretary
to the Department of Justice substituted as Secretary
to the Department of Justice and Regulation by No. 15/2015 s 4(d).

"Secretary to the Department of Justice and Regulation" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Justice and Regulation;

"Secure Treatment Order" means an Order within the meaning of section 275;

"security patient" means a person who is not subject to an Order made under Part 4, but is detained in a designated mental health service and is subject to (irrespective of whether the person is absent with or without leave from the designated mental health service)—

        (a)     a Court Secure Treatment Order; or

        (b)     a Secure Treatment Order;

"senior available next of kin" means—

        (a)     in relation to a deceased child—

              (i)     if a parent of the child is available, a parent of the child; or

              (ii)     if a parent of the child is not available, a brother or sister of the child who has attained the age of 18 years and who is available; or

              (iii)     if no person referred to in subparagraph (i) or (ii) is available, a person who was the guardian of the child immediately before the death of the child and who is available;

        (b)     in relation to any other deceased person—

              (i)     if the person, immediately before the person's death, had a spouse or domestic partner and that spouse or domestic partner is available, that spouse or domestic partner; or

              (ii)     if the person, immediately before the person's death, did not have a spouse or domestic partner or the spouse or domestic partner is not available, a son or daughter of the person who has attained the age of 18 years and who is available; or

              (iii)     if no person referred to in subparagraph (i) or (ii) is available but a parent of the person is available, that parent; or

              (iv)     if no person referred to in subparagraph (i), (ii) or (iii) is available, a brother or sister of the person who has attained the age of 18 years and is available;

statement of rights has the meaning given in section 12;

"Temporary Treatment Order" means an Order within the meaning of section 45;

treatment has the meaning given in section 6;

treatment criteria has the meaning given in section 5;

"Treatment Order" means an Order within the meaning of section 52;

"Tribunal" means the Mental Health Tribunal established under section 152.

    (2)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     registered domestic relationship has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.



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