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This is a Bill, not an Act. For current law, see the Acts databases.
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Mental Health)
Contents
Page
2020
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Mental Health)
Mental Health Amendment Bill 2020
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Mental Health Amendment Act 2020
.
(1) This Act (other than sections 7 and 8) commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) Sections 7 and 8 commence on a day fixed by the Minister by written notice.
Note A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act
, s 77 (1)).
(3) If sections 7 and 8 have not commenced before 12 February 2021, they automatically commence on that day.
This Act amends the
.
4 What ACAT must take into
account—mental health order
New section 56 (1) (ea)
insert
(ea) if the proceeding is on a mental health order for which there is a registered affected person for an offence committed or alleged to have been committed by the person—any statement by the registered affected person;
insert
(ja) if the proceeding is on a mental health order for which there is a registered affected person for the offence committed or alleged to have been committed by the person—the views of the victims of crime commissioner;
6 Contravention of mental health
order
New section 77 (2A)
insert
(2A) For subsection (2), a person complies with an order, if—
(a) the person consents to receiving treatment at a place other than an approved mental health facility or approved community care facility (a facility); and
(b) the relevant official is satisfied that—
(i) the person can be appropriately treated at a place other than a facility; and
(ii) the other place is a suitable place for the treatment.
Example—other place
the person’s home
7 Apprehension
New section 80
(1) (c)
before the note, insert
(c) the person—
(i) requires an immediate examination by a doctor; and
(ii) does not agree to be examined immediately.
insert
(1A) In forming a belief about a person for subsection (1), a police officer or authorised ambulance paramedic is not required to make a medical assessment or clinical judgement about the person.
substitute
(3) The ACAT must, on application, review the following decisions within 2 working days after the day the application is made:
(a) a decision of a police officer or authorised ambulance paramedic under subsection (1);
(b) a decision of a doctor or mental health officer under subsection (2) (b) (ii).
10 Definitions—pt
7.2
Section 127, definition of forensic patient
substitute
forensic patient means a person—
(a) in relation to whom a forensic mental health order may be made or is in force; or
(b) who, if required by an order of a court under the Crimes Act
, part 13 or the
(Cwlth), part 1B must submit to the jurisdiction of the ACAT or is subject to a review by the ACAT.
11 Disclosures to registered affected
people
Section 134 (1)
substitute
(1) This section applies if—
(a) a forensic mental health order has been made in relation to a forensic patient; or
(b) under an order of a court under the Crimes Act
, part 13 or the
(Cwlth), part 1B, a forensic patient must submit to the jurisdiction of the ACAT or is subject to a review by the ACAT.
12 New section 134 (2) (ba) and (bb)
insert
(ba) the patient must submit to the jurisdiction of the ACAT or is subject to a review by the ACAT;
(bb) a decision made by the ACAT in relation to the patient in the circumstances mentioned in paragraph (ba);
13 Review of detention under court
order
New section 180 (3) (ca)
insert
(ca) if there is a registered affected person in relation to the person—
(i) any statement by the registered affected person; and
(ii) the views of the victims of crime commissioner;
14 Review of conditions of
release
New section 182 (3A)
insert
(3A) In reviewing a condition of an order of release for a person, if there is a registered affected person in relation to the person, the ACAT must take into account—
(a) any statement by the registered affected person; and
(b) the views of the victims of crime commissioner.
15 Notice of hearing
Section
188 (1) (a) (viii)
substitute
(viii) if the hearing is on a proceeding on a mental health order, a forensic mental health order, or a review required under section 180 (2) (Review of detention under court order), for which there is a registered affected person for the person—
(A) the registered affected person; and
(B) the victims of crime commissioner;
16 Appearance
Section 190 (1)
(h)
substitute
(h) if the proceeding is on a mental health order, a forensic mental health order, or a review required under section 180 (2) (Review of detention under court order), for which there is a registered affected person for the offence committed or alleged to have been committed by the subject person—the victims of crime commissioner;
17 Functions
New section 197
(ba)
insert
(ba) to make guidelines for mental health facilities, mental health professionals or anyone else exercising a function under this Act, in relation to matters under this Act;
insert
198A Chief psychiatrist may make guidelines
(1) The chief psychiatrist may make guidelines for a mental health facility, mental health professional or anyone else exercising a function under this Act, in relation to any matter under this Act.
Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
Note 2 The function of making guidelines under this section must not be delegated (see s 200 (2) (b)).
(2) A guideline must include a statement about how the guideline is consistent with—
(a) the objects and principles of this Act; and
(b) human rights.
(3) If a guideline relates to a function under this Act exercised by a police officer or an authorised ambulance paramedic, the chief psychiatrist must consult the chief police officer or the chief officer (ambulance service) before making the guideline.
(4) A mental health facility conducted by, or operating under an agreement with, the Territory must comply with a guideline that applies to the facility.
(5) A person employed or engaged at a mental health facility mentioned in subsection (4) must comply with a guideline that applies to the facility.
(6) A person, other than a person mentioned in subsection (5), exercising a function under this Act in relation to a matter for which a guideline has been made must consider the guideline in the exercise of the function.
(7) A guideline may apply, adopt or incorporate a law of another jurisdiction or an instrument, as in force from time to time.
Note A reference to an instrument includes a reference to a provision
of an instrument (see
, s 14 (2)).
(8) The
, section 47 (6) does not apply in relation to a law or an instrument mentioned in subsection (7).
Note A law or an instrument applied, adopted or incorporated under s (7) does not need to be notified under the Legislation Act
because s 47 (6) does not apply (see Legislation Act
, s 47 (7)).
(9) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(10) In this section:
law of another jurisdiction—see the Legislation Act
, section 47 (10).
19 Delegation by chief
psychiatrist
Section 200 (2), except note
substitute
(2) However, the following functions must not be delegated:
(a) granting leave under section 122 (Leave in emergency or special circumstances);
(b) making guidelines under section 198A (Chief psychiatrist may make guidelines).
20 Licence—decision on
application
Section 226 (2)
substitute
(2) A licence must include a condition—
(a) about the maximum number of people for whom treatment, care or support may be provided at the licensed premises; and
(b) that a licensee must comply with a guideline under section 198A that applies to the licensed premises.
insert
271A Reviews by Minister and director-general
(1) The Minister must invite public submissions and review the operation of the following provisions of this Act not earlier than 5 years and not later than 6 years after the day this section commences:
(a) section 58 (Psychiatric treatment order);
(b) section 66 (Community care order);
(c) section 101 (Forensic psychiatric treatment order);
(d) section 102 (Content of forensic psychiatric treatment order);
(e) section 108 (Forensic community care order).
(2) The Minister must present a report of the review under subsection (1) to the Legislative Assembly not later than 2 years after the day the review commences.
(3) The director-general must invite public submissions and review the operation of the following provisions of this Act not earlier than 5 years and not later than 6 years after the day this section commences:
(a) section 56 (What ACAT must take into account—mental health order);
(b) section 77 (Contravention of mental health order);
(c) section 80 (Apprehension);
(d) section 127 (Definitions—pt 7.2), definition of forensic patient;
(e) section 134 (Disclosures to registered affected people);
(f) section 180 (Review of detention under court order);
(g) section 182 (Review of conditions of release);
(h) section 188 (Notice of hearing);
(i) section 190 (Appearance);
(j) section 198A (Chief psychiatrist may make guidelines).
(4) The director-general must give a report of the review under subsection (3) to the Minister not later than 2 years after the day the review commences.
(5) Subsections (1) to (4) and this subsection expire 9 years after the day this section commences.
insert
• chief officer (ambulance service)
• chief police officer
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 July 2020.
2 Notification
Notified under the
on 2020.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2020
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