Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary matters
1. Short title
2. Commencement
3. Act binds Crown
PART 2 -- Terms and concepts
Division 1 -- Definitions and notes
4. Terms used
5. Notes and examples not part of Act
Division 2 -- Mental illness
6. When a person has a mental illness
Division 3 -- Best interests of a person
7. Matters relevant to decision about person’s best interests
Division 4 -- Wishes of a person
8. Matters relevant to ascertaining person’s wishes
Division 5 -- Communicating with a person
9. Language, form of communication and terms to be used
PART 3 -- Objects
10. Objects
PART 4 -- Charter of Mental Health Care Principles
11. Regard to be had to Charter
12. Compliance with Charter by mental health services
PART 5 -- Decision making capacity and informed consent
Division 1 -- Decision making capacity generally
13. Capacity of adult to make decisions
14. Capacity of child to make decisions
15. Determining capacity to make decisions
Division 2 -- Informed consent to treatment
16. Requirements for informed consent
17. People who can give informed consent
18. Determining capacity to make treatment decision
19. Explanation of proposed treatment must be given
20. Sufficient time for consideration
PART 6 -- Involuntary patients
Division 1 -- When a person will be an involuntary patient
21. Involuntary patient
22. Inpatient treatment order
23. Community treatment order
24. Making involuntary treatment order
25. Criteria for involuntary treatment order
Division 2 -- Referrals for examination
Subdivision 1 -- Person suspected of needing involuntary treatment order
26. Referral for examination at authorised hospital or other place
27. Person to be taken to authorised hospital or other place as soon as practicable
28. Detention to enable person to be taken to authorised hospital or other place
29. Making transport order
30. Effect of referral on community treatment order
31. Revoking referral
Subdivision 2 -- Voluntary inpatient admitted by authorised hospital
32. Application of this Subdivision
33. Effect of admission on community treatment order
34. Person in charge of ward may order assessment
35. Revoking order for assessment
36. Referral for examination at authorised hospital
37. Revoking referral
Subdivision 3 -- Requirements for referral
38. Application of this Subdivision
39. No referral without assessment
40. Time limit for making referral
41. Form of referral
42. Providing information contained in referral to person referred
43. Copy of referral must be filed
44. Period of referral made under s. 26(2) or (3)(a)
45. Extending referral made outside metropolitan area
46. Changing place where examination will be conducted
Subdivision 4 -- Conduct of assessment
47. Application of this Subdivision
48. How assessment must be conducted
49. Information to which practitioner may have regard
50. Assessment of person of Aboriginal or Torres Strait Islander descent
Division 3 -- Examinations
Subdivision 1 -- Examination at authorised hospital
51. Application of this Subdivision
52. Detention for examination on referral made under s. 26(2)
53. Detention for examination on referral made under s. 36(2)
54. Conducting examination
55. What psychiatrist must do on completing examination
56. Effect of order for continuation of detention
Subdivision 2 -- Examination at place that is not authorised hospital
57. Application of this Subdivision
58. Detention for examination
59. Detention at place outside metropolitan area
60. Conducting examination
61. What psychiatrist must do on completing examination
62. Detention to enable person to be taken to hospital
63. Making transport order
Subdivision 3 -- Inpatient treatment order authorising detention at general hospital
64. Application of this Subdivision
65. Treating psychiatrist must report regularly to Chief Psychiatrist
66. Transfer from general hospital to authorised hospital
67. Making transport order
68. Confirmation of inpatient treatment order
Subdivision 4 -- Order for further examination at authorised hospital
69. Application of this Subdivision
70. Detention at authorised hospital
71. Conducting examination at authorised hospital
72. What psychiatrist must do on completing examination
Subdivision 5 -- Examination without referral
73. Application of this Subdivision
74. Conducting examination
75. What psychiatrist may do on completing examination
76. Confirmation of community treatment order
Subdivision 6 -- Conduct of examination
77. Application of this Subdivision
78. Referring psychiatrist cannot conduct examination
79. How examination must be conducted
80. Information to which examiner may have regard
81. Examination of person of Aboriginal or Torres Strait Islander descent
PART 7 -- Detention for examination or treatment
Division 1 -- Preliminary matters
82. Application of this Part
Division 2 -- Detention at authorised hospital or other place for examination
83. Detention authorised
Division 3 -- Detention at hospital under inpatient treatment order
84. Application of this Division
85. Terms used
86. Detention authorised
87. Period that must be specified in inpatient treatment order
88. Period for which detention is authorised
89. Examination before end of each detention period
90. Changing involuntary inpatient’s status
91. Transfer between authorised hospitals
92. Making transport order
93. Involuntary inpatient to be advised of expiry
Division 4 -- Release from hospital or other place
94. Application of this Division
95. Person must be allowed to leave
96. Delivery into custody under another law
Division 5 -- Absence without leave from hospital or other place
97. Persons who are absent without leave
98. Making apprehension and return order
99. Operation of apprehension and return order
100. Period of apprehension and return order
101. Revocation of apprehension and return order
102. Return of person to place where apprehended
Division 6 -- Leave of absence from detention at hospital under inpatient treatment order
Subdivision 1 -- Preliminary matters
103. Application of this Division
104. Term used: leave of absence
Subdivision 2 -- Grant, extension, variation or cancellation of leave
105. Granting leave
106. Extending or varying leave granted
107. Involuntary inpatient must comply with conditions of leave
108. Monitoring involuntary inpatient on leave
109. Changing involuntary inpatient’s status while inpatient on leave
110. Cancelling leave
Subdivision 3 -- Transport to and from hospital
111. Application of this Subdivision
112. Making transport order
PART 8 -- Community treatment orders
Division 1 -- Preliminary matters
113. Terms used
Division 2 -- Making order
114. Things psychiatrist must be satisfied of before making order
115. Terms of order
Division 3 -- Operation of order
116. Duration of order
117. Advice about when and where treatment to be provided
118. Monthly examination of patient
119. Supervising psychiatrist may request practitioner to examine involuntary community patient
120. What supervising psychiatrist may do after examination
121. Continuation order
122. Varying order
123. Making inpatient treatment order or revoking community treatment order
124. Confirmation of inpatient treatment order
125. Involuntary community patient to be advised of expiry
Division 4 -- Breach of order
126. When involuntary community patient will be in breach
127. What supervising psychiatrist must do if order breached
128. Order to attend if non-compliance continues
129. Making transport order
130. Detention at place specified in order to attend
131. Other action that may be taken if non-compliance
Division 5 -- Transport to hospital
132. Application of this Division
133. Making transport order
Division 6 -- Supervising psychiatrist and treating practitioner
134. Supervising psychiatrist
135. Change of supervising psychiatrist
136. Treating practitioner
137. Change of treating practitioner
PART 9 -- Notifiable events
Division 1 -- Preliminary matters
138. Application of this Part
Division 2 -- Notification of carers, close family members and other personal support persons
139. Right of any carer, close family member or other personal support person to be notified
140. Person responsible required to notify any carer, close family member or other personal support person
141. Reasonable efforts to notify carer, close family member or other personal support person
142. Notification not in person’s best interests
143. Advising carer, close family member or other personal support person of decision
144. Revocation of decision
Division 3 -- Notification of other persons and bodies
145. Making, revocation or expiry of involuntary treatment order
PART 10 -- Transport orders
146. Application of this Part
147. Transport officers
148. Making transport order
149. Operation of transport order
150. Period of transport order
151. Extension of transport order made under s. 29(1) if referral extended
152. Extension of other transport orders
153. Revocation of transport order if referral revoked
154. Revocation of transport order if no longer needed
155. Return of person if transport order expires or is revoked
PART 11 -- Apprehension, search and seizure powers
Division 1 -- Apprehension powers
156. Apprehension by police officer of person suspected of having mental illness
157. Assessment of person arrested
158. Police must be notified when person leaves
159. Apprehension of other persons
Division 2 -- Search and seizure powers
160. Term used: approved form
161. Authorised persons
162. Search of person while detained or admitted
163. Conduct of search
164. Seizure of articles
165. Record of search and seizure
166. Dealing with articles seized when person apprehended
167. Return of articles given to or seized by mental health service
168. Return of articles given to medical practitioner or authorised mental health practitioner
169. Approval of forms for use by police officers under this Division
PART 12 -- Exercise of certain powers
Division 1 -- Detention powers
170. Principles relating to detention
Division 2 -- Ancillary powers: reasonable assistance and force and directions
171. Term used: prescribed provision
172. Reasonable assistance and reasonable force authorised
173. Duty to obey directions
174. Other written laws not affected
PART 13 -- Provision of treatment generally
Division 1 -- Voluntary patients
175. Informed consent necessary
176. Informed consent must be filed
Division 2 -- Involuntary patients and mentally impaired accused
177. Application of this Division
178. Informed consent not necessary
179. Patient’s psychiatrist must ensure regard had to patient’s wishes
180. Requirements for ascertaining patient’s wishes
181. Record of treatment to be filed
182. Further opinion may be requested
183. Request for additional opinion may be refused
184. Chief Psychiatrist may request reconsideration of treatment
Division 3 -- Treatment, support and discharge planning
185. Application of this Division
186. Treatment, support and discharge plan
187. Preparation and review of plan
188. Involvement in preparation and review of plan
Division 4 -- Provision of treatment to patients of Aboriginal or Torres Strait Islander descent
189. Provision of treatment to patient of Aboriginal or Torres Strait Islander descent
Division 5 -- Compliance with standards and guidelines
190. Mental health service must comply with standards
191. Mental health service must take guidelines into account
PART 14 -- Regulation of certain kinds of treatment and other interventions
Division 1 -- Electroconvulsive therapy
192. Electroconvulsive therapy (ECT): meaning
193. ECT offence
194. ECT on child under 14 years prohibited
195. ECT on child over 14 years who is voluntary patient
196. ECT on child over 14 years who is involuntary patient or mentally impaired accused
197. ECT on adult voluntary patient
198. ECT on adult involuntary patient or mentally impaired accused
199. Emergency ECT on adult involuntary patient or mentally impaired accused
200. Report to Mentally Impaired Accused Review Board
201. Statistics about ECT
Division 2 -- Emergency psychiatric treatment
202. Emergency psychiatric treatment: meaning
203. Informed consent not required
204. Record of emergency psychiatric treatment
Division 3 -- Psychosurgery
205. Psychosurgery: meaning
206. Psychosurgery offence
207. Psychosurgery on child under 16 years prohibited
208. Psychosurgery on adult or child over 16 years old
209. Report to Chief Psychiatrist and Mentally Impaired Accused Review Board
Division 4 -- Deep sleep and insulin coma therapy
210. Deep sleep and insulin coma therapy prohibited
Division 5 -- Seclusion
211. Terms used
212. Seclusion: meaning
213. Seclusion must be authorised
214. Giving oral authorisation
215. Making seclusion order
216. Criteria for authorising seclusion
217. Treating psychiatrist (if any) to be informed
218. Extending seclusion order
219. Revoking seclusion order
220. Release of person on revocation or expiry of seclusion order
221. Record of seclusion order expiring
222. Requirements relating to seclusion
223. Examination of person released from seclusion
224. Report to Chief Psychiatrist and Mentally Impaired Accused Review Board
225. Reasonable assistance and force authorised
Division 6 -- Bodily restraint
226. Terms used
227. Bodily restraint: meaning
228. Principles relating to use of bodily restraint
229. Bodily restraint must be authorised
230. Giving oral authorisation
231. Making bodily restraint order
232. Criteria for authorising bodily restraint
233. Treating psychiatrist (if any) must be informed
234. Varying bodily restraint order
235. Revoking bodily restraint order
236. Release of person on revocation or expiry of bodily restraint order
237. Record of bodily restraint order expiring
238. Requirements relating to bodily restraint
239. Examination of person when released
240. Report to Chief Psychiatrist and Mentally Impaired Accused Review Board
PART 15 -- Health care of people in hospitals
Division 1 -- Examination to assess person’s physical condition
241. Physical examination on arrival at hospital
Division 2 -- Urgent non-psychiatric treatment for involuntary inpatients and mentally impaired accused
242. Provision of urgent non-psychiatric treatment: report to Chief Psychiatrist
PART 16 -- Protection of patients’ rights
Division 1 -- Patients’ rights generally
Subdivision 1 -- Explanation of rights
243. Application of this Subdivision
244. Rights to be explained to person
245. Person’s rights to be explained to another person
246. Person responsible for ensuring explanation is provided
Subdivision 2 -- Access to records about patients and former patients
247. Term used: relevant document
248. Right to access medical record and other documents
249. Restrictions on access
250. Providing access to medical practitioner or legal practitioner
251. Disclosure by medical practitioner or legal practitioner
Subdivision 3 -- Duties of staff of mental health services toward patients
252. Term used: mental health service
253. Duty not to ill-treat or wilfully neglect patients
254. Duty to report certain incidents
Division 2 -- Additional rights of inpatients in hospitals
Subdivision 1 -- Admission of voluntary inpatients by authorised hospitals
255. Admission by medical practitioner
256. Confirmation of admission by psychiatrist
257. Reasons for refusing to admit or confirm admission
Subdivision 2 -- Rights of inpatients generally
258. Application of this Subdivision
259. Personal possessions
260. Interview with psychiatrist
261. Freedom of lawful communication
262. Restrictions on freedom of communication
Division 3 -- Nominated persons
Subdivision 1 -- Purpose and effect of nomination
263. Role of nominated person
264. Effect of nomination
Subdivision 2 -- Right to information, and to be involved in matters, relating to patient’s treatment and care
265. Application of this Subdivision
266. Rights of nominated person
267. Responsibility of patient’s psychiatrist
268. Contacting nominated person
269. Provision of information or involvement not in patient’s best interests
270. Advising nominated person of decision
271. Revocation of decision
272. Rights in another capacity not affected
Subdivision 3 -- Making and ending nomination
273. Who can make nomination
274. Who can be nominated
275. Formal requirements
276. Only one nominated person
277. Revocation of nomination
278. Resignation of nominated person
279. Notification of revocation or resignation
PART 17 -- Recognition of rights of carers and families
Division 1 -- Role of carers and families
280. Carers
281. Close family members
282. Acknowledgment of and respect for role of carers and close family members
283. More than one carer or close family member
Division 2 -- Information about and involvement in patient’s treatment and care
284. Application of this Division
285. Rights of carers and close family members
286. Voluntary patient with capacity to consent
287. Voluntary patient with no capacity to consent
288. Involuntary patient or mentally impaired accused with capacity to consent
289. Involuntary patient or mentally impaired accused with no capacity to consent
290. Responsibility of patient’s psychiatrist
291. Contacting carer or close family member
292. Provision of information or involvement not in patient’s best interests
293. Advising carer or close family member of decision
294. Revocation of decision
295. Rights in another capacity not affected
Division 3 -- Identifying carer or close family member
296. When being admitted or received
297. While being provided with treatment or care
298. Person can withdraw consent, or can consent, at any time
PART 18 -- Children who have a mental illness
299. Best interests of child is a primary consideration
300. Child’s wishes
301. Views of child’s parent or guardian
302. Child who is a voluntary patient
303. Segregation of children from adult inpatients
304. Off-label treatment provided to child who is involuntary patient
PART 19 -- Complaints about mental health services
Division 1 -- Preliminary matters
305. Terms used
306. Making complaint to service provider or Director of Complaints Office
307. Divisions 3 and 4 to be read with Health and Disbility Services (Complaints) Act 1995
Division 2 -- Complaints to service providers
308. Service provider must have complaints procedure
309. Prescribed service providers must provide Director with information about complaints
Division 3 -- Complaints to Director of Complaints Office
Subdivision 1 -- Preliminary matters
310. Parties themselves may resolve complaint
311. Things done by or in relation to complainant
Subdivision 2 -- Director of Complaints Office
312. Functions of Director
313. Directions by Minister
314. Minister to have access to specified information about Director’s functions
Subdivision 3 -- Right to complain
315. Who may complain
316. Representative of person with mental illness or carer
317. Representative must not be paid
318. Service provider may complain on behalf of person with mental illness or carer
319. Registration board may complain on behalf of person with mental illness or carer
320. Who and what can be complained about
321. Time for complaining
Subdivision 4 -- Initial procedures
322. How to complain
323. Referral of complaint about excluded mental health service
324. Withdrawal of complaint
325. Complainant should try to resolve matter
326. Complaint that is not to be dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)
327. Complaint that is being dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)
328. Preliminary decision by Director
329. Rejection, deferral or referral of complaints
330. Response by respondent
Subdivision 5 -- Negotiated settlements and conciliation
331. Resolving complaints by negotiation
332. Conciliation of complaints
Subdivision 6 -- Investigations
333. Conduct generally
334. Power to require information and records
335. Warrant to enter and inspect premises
336. Conciliator cannot investigate
Subdivision 7 -- Consequences of investigation
337. What Director must do on completing investigation
338. Respondent or other person to report on remedial action
339. Report not provided or remedial action not taken: report to Parliament
Subdivision 8 -- Other matters relating to investigations
340. Director to stop if other proceedings begun
341. Minister may refer matters for investigation
342. Confidentiality
Division 4 -- Miscellaneous matters
343. Reports to Parliament
344. False or misleading information or documents
345. Person must not be penalised because of complaint or investigation
346. Registers: complaints, matters directed to be investigated
347. Delegation by Director
PART 20 -- Mental health advocacy services
Division 1 -- Preliminary matters
348. Terms used
Division 2 -- Mental health advocates: appointment or engagement, functions and powers
Subdivision 1 -- Appointment or engagement, functions and powers
349. Chief Mental Health Advocate
350. Other mental health advocates
351. Functions of Chief Mental Health Advocate
352. Functions of mental health advocates
353. Powers generally
354. Directions to Chief Mental Health Advocate about general matters
355. Directions to Chief Mental Health Advocate to report on particular issues
Subdivision 2 -- Contacting identified person or person with sufficient interest
356. Request to contact identified person
357. Duty to contact identified person
358. Contact on mental health advocate’s own initiative
Subdivision 3 -- Specific powers of mental health advocates
359. Specific powers of mental health advocates
360. Documents to which access is restricted
361. Disclosure by mental health advocate
362. Interfering with exercise of powers
363. Issues arising out of inquiries and investigations
Division 3 -- Terms and conditions of appointment or engagement
Subdivision 1 -- Chief Mental Health Advocate
364. Terms and conditions of appointment
365. Remuneration
366. Resignation
367. Removal from office
368. Acting Chief Mental Health Advocate
Subdivision 2 -- Other mental health advocates
369. Terms and conditions of engagement
370. Remuneration
371. Resignation
372. Removal from office
Division 4 -- Other matters relating to mental health advocates
373. Conflict of interest
374. Delegation by Chief Mental Health Advocate
Division 5 -- Staff and facilities
375. Advocacy services staff
376. Use of government staff and facilities
Division 6 -- Annual reports
377. Annual report: preparation
378. Annual report: tabling
PART 21 -- Mental Health Tribunal
Division 1 -- Preliminary matters
379. Terms used
Division 2 -- Establishment, jurisdiction and constitution
380. Establishment
381. Jurisdiction
382. Constitution specified by President
383. Constitution generally
384. Constitution for psychosurgical matters
385. Contemporaneous exercise of jurisdiction
Division 3 -- Involuntary treatment orders: review
386. Initial review after order made
387. Periodic reviews while order in force
388. Involuntary patient for continuous period
389. Review period may be extended
390. Application for review
391. Review on Tribunal’s own initiative
392. Suspending order pending review
393. Parties to proceeding
394. Things to which Tribunal must have regard
395. What Tribunal may do on completing review
396. Review of direction given to psychiatrist
Division 4 -- Involuntary treatment orders: validity
397. Application of this Division
398. Declaration about validity of treatment order
399. Consequences of declaring treatment order in force to be invalid
400. Application for declaration
401. Parties to proceeding
402. Failure to comply with this Act
403. Discretion not to decide on validity of treatment order no longer in force
Division 5 -- Review of admission of long-term voluntary inpatients
404. Application of this Division
405. Application for review
406. Parties to proceeding
407. Things to which Tribunal must have regard
408. What Tribunal may do on completing review
Division 6 -- Electroconvulsive therapy approvals
409. Application of this Division
410. Application for approval
411. Parties to proceeding
412. Things Tribunal must be satisfied of
413. Tribunal must have regard to Chief Psychiatrist’s guidelines
414. Other things to which Tribunal must have regard
415. Decision on application
Division 7 -- Psychosurgery approvals
416. Application of this Division
417. Application for approval
418. Parties to proceeding
419. Things Tribunal must be satisfied of
420. Things to which Tribunal must have regard
421. Decision on application
Division 8 -- Compliance notices for non-clinical matters
422. Terms used
423. Tribunal may issue service provider with compliance notice
424. Application for service of compliance notice
425. Parties to proceeding
426. Compliance notices to be reported on in annual report
Division 9 -- Review of orders restricting freedom of communication
427. Application for review
428. Parties to proceeding
429. Decision on application
Division 10 -- Jurisdiction in relation to nominated persons
430. Application for decision
431. Declaration about validity of nomination
432. Revocation of nomination
433. Parties to proceeding
Division 11 -- Review of decisions affecting rights
434. Application for review
435. Parties to proceeding
436. What Tribunal may do on completing review
Division 12 -- Procedural matters
Subdivision 1 -- Proceedings generally
437. Lodgment of documents
438. Sittings
439. Conduct of proceedings
440. Presiding member
441. Deciding questions in proceedings
442. Assistance from persons with relevant knowledge or experience
443. No fees payable
444. Each party to bear own costs
445. Frivolous, vexatious or improper proceedings
Subdivision 2 -- Notice of proceedings
446. Notice of applications
447. Notice of hearings
448. Tribunal may request information from SAT about person’s guardian
Subdivision 3 -- Appearance and representation
449. Party is an adult
450. Party is a child with capacity to consent
451. Party is a child with no capacity to consent
452. Tribunal may make arrangements for representation
453. Legal representation of person with mental illness
454. Representative must not be paid
Subdivision 4 -- Hearings and evidence
455. Nature of review proceedings
456. Closed hearings
457. Conduct of hearing in absence of party
458. Person chosen by person concerned may be present
459. Right to be heard
460. Evidence generally
461. Oral evidence about restricted information
462. Summons to give evidence or produce documents
463. Self-incrimination
464. Powers in relation to documents produced
465. Offences relating to evidence and documents
466. Evidence and findings in other proceedings
467. Hearings to be recorded
468. Publication of information about proceedings
Subdivision 5 -- Decisions in proceedings
469. Reasons for decision
470. Extension of time to request reasons
471. Giving effect to Tribunal’s decisions
Division 13 -- Rules
472. Power to make
473. Content
474. Publication and tabling
Division 14 -- Tribunal members
475. President of Tribunal
476. Other members
477. Terms and conditions of appointment
478. Remuneration
479. Resignation
480. Removal from office
481. Acting members
482. Delegation by President
Division 15 -- Registrar and other staff
483. Registrar
484. Functions of registrar
485. President may give registrar directions
486. Registry staff
487. Delegation by registrar
Division 16 -- Annual reports
488. Annual report: preparation
489. Annual report: tabling
Division 17 -- Miscellaneous matters
490. Seal
491. Judicial notice of certain matters
492. Meetings of members
PART 22 -- Review by State Administrative Tribunal
Division 1 -- Preliminary matters
493. Terms used
Division 2 -- Jurisdiction
494. Review of decisions of Mental Health Tribunal
495. Determination of questions of law before Mental Health Tribunal
Division 3 -- Constitution
496. Constitution generally
497. Constitution for psychosurgical matters
498. Constitution for determining questions of law
Division 4 -- Procedural matters
499. No fees payable
500. Appearance and representation
501. Closed hearings
502. Publication of information about proceedings
Division 5 -- Appeals to Supreme Court
503. Appeals against SAT’s decisions
504. Grounds of appeal
505. Time for appeal or leave to appeal
506. Certain parties must be represented
PART 23 -- Administration
Division 1 -- Preliminary matters
507. Term used: mental health service
Division 2 -- Chief Psychiatrist
Subdivision 1 -- Appointment, terms and conditions
508. Appointment
509. Terms and conditions of appointment
510. Remuneration
511. Resignation
512. Removal from office
513. Acting Chief Psychiatrist
Subdivision 2 -- Functions and powers generally
514. Functions generally
515. Responsibility for treatment and care
516. Directions by Minister
517. Minister may request report about any matter
518. CEO of Health Department may request report about treatment and care of patients
519. Powers generally
Subdivision 3 -- Specific powers relating to treatment and care
520. Review of treatment
521. Visits to mental health services
522. Offence to interfere with visit to mental health service
523. Directions to mental health services to disclose information
Subdivision 4 -- Notifiable incidents
524. Application of this Subdivision
525. Term used: notifiable incident
526. Reporting notifiable incidents
527. Action that Chief Psychiatrist may take
528. Notification of decision to take action
529. Chief Psychiatrist’s powers of investigation
530. Notification of outcome of investigation
Subdivision 5 -- Staff and facilities
531. Chief Psychiatrist’s staff
532. Use of government staff and facilities
Subdivision 6 -- Annual reports
533. Annual report: preparation
534. Annual report: tabling
Subdivision 7 -- Miscellaneous matters
535. Request for information about patient or person detained
536. Request for list of mentally impaired accused
537. Delegation by Chief Psychiatrist
Division 3 -- Mental health practitioners and authorised mental health practitioners
538. Mental health practitioners
539. Authorised mental health practitioners
540. Register of authorised mental health practitioners
Division 4 -- Authorised hospitals
541. Authorised hospital: meaning
542. Authorisation of public hospitals
543. Patients to be transferred if hospital no longer authorised
Division 5 -- Mental health services approved for electroconvulsive therapy
544. Chief Psychiatrist to approve mental health services
Division 6 -- Approved forms
545. Chief Psychiatrist to approve forms
546. Publication of approved forms and related guidelines
Division 7 -- Guidelines and standards
547. Publication of guidelines and standards
548. Application, adoption or incorporation of other documents
549. Publication on Agency’s website
Division 8 -- Miscellaneous matters
550. Delegation by Minister or CEO
PART 24 -- Interstate arrangements
Division 1 -- Preliminary matters
551. Terms used
Division 2 -- Intergovernmental agreements
552. Agreements with other States and Territories
553. Agreement must be in place
554. Performance of functions under corresponding laws or intergovernmental agreements
Division 3 -- Transfer to or from interstate mental health service
555. Transfer from hospital to interstate mental health service
556. Making transport order
557. Transfer from interstate mental health service to hospital
558. Transport of interstate inpatient to hospital
Division 4 -- Community treatment orders
559. Treatment interstate under State order
560. Making transport order
561. Treatment in State under interstate order
562. Supervision in State under interstate order
PART 25 -- Ministerial inquiries
563. Appointment of person to conduct inquiry
564. Powers of investigation
565. Interfering with investigation
566. Conduct of inquiry generally
567. Evidence generally
568. Summons to give evidence or produce documents
569. Self-incrimination
570. Powers in relation to documents produced
571. Offences relating to evidence and documents
PART 26 -- Information
Division 1 -- Voluntary disclosure of information by public authorities and mental health services
572. Powers of Agency’s CEO
573. Powers of CEOs of prescribed State authorities
574. Powers of CEOs of mental health services
575. Delegation by CEO of prescribed State authority
Division 2 -- Miscellaneous matters
576. Confidentiality
577. Authorised recording, disclosure or use of information
578. Receipt and storage of, and access to, information disclosed
PART 27 -- Miscellaneous matters
579. Restrictions on powers of medical practitioners and mental health practitioners
580. Obstructing or hindering person performing functions
581. Amendment of referrals and orders
582. Medical record to be kept by mental health services
583. Protection from liability when performing functions
584. Protection from liability when detaining person with mental illness
585. Relationship with Freedom of Information Act 1992
586. Regulations
587. Review of this Act after 5 years
SCHEDULE 1 -- Charter of Mental Health Care Principles
SCHEDULE 2 -- Notifiable events
[Assented to 3 November 2014]