Victorian Numbered Acts

MENTAL HEALTH AND WELLBEING AMENDMENT ACT 2023 (NO. 20 OF 2023)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--AMENDMENT OF THE MENTAL HEALTH AND WELLBEING ACT 2022

   3.      Definitions  
   4.      Authorised psychiatrist must examine eligible patient (other than forensic patient) again in specified circumstances  
   5.      Authorised psychiatrist must review eligible patient's treatment in specified circumstances  
   6.      Application to Mental Health Tribunal for course of electroconvulsive treatment—person who is an adult and not a patient  
   7.      Application to Mental Health Tribunal for course of electroconvulsive treatment—young patient  
   8.      Application to Mental Health Tribunal for course of electroconvulsive treatment—young person who is not a patient  
   9.      Matters to be considered if authorising restrictive intervention  
   10.     Facilities and supplies to be provided to person subject to restrictive intervention  
   11.     Treatment order—hearing to determine community to inpatient variation  
   12.     Health led response principle  
   13.     Taking a person into care and control in a mental health crisis  
   14.     Transfer of care and control for the purposes of arranging an examination  
   15.     Accepting care and control of a person at a designated mental health service or place  
   16.     Information to be provided by an authorised person on taking person into care and control  
   17.     Functions of the Health Secretary  
   18.     Functions of the Chief Officer  
   19.     Establishment of regional mental health and wellbeing boards  
   20.     Delegation  
   21.     New sections 419A, 419B and 419C inserted  
   22.     Reports to the Parliament  
   23.     Decision whether or not to deal with complaint  
   24.     Notification of complaint resolution process  
   25.     Deferral of notification by the Mental Health and Wellbeing Commission  
   26.     New Division 6 of Part 9.2 inserted  
   27.     Mental Health and Wellbeing Commission may collect information  
   28.     Notification requirements for leave of absence  
   29.     New section 547A inserted  
   30.     Notification requirements for monitored leave  
   31.     New section 576A inserted  
   32.     Application to Mental Health Tribunal for intensive monitored supervision order  
   33.     Mental Health Tribunal powers in respect of applications under this Chapter  
   34.     Review of use of intensive monitored supervision  
   35.     Information to be given to transferring patient  
   36.     Other entities to be notified of making of transfer order  
   37.     Primary non-legal mental health advocacy service provider to be notified of transfer order  
   38.     Constitution of Institute Board  
   39.     Centre to enter into agreement with designated mental health service and academic institution  
   40.     Directors  
   41.     Strategic plan  
   42.     Functions of the Youth Mental Health and Wellbeing Board  
   43.     Declared operators  
   44.     Disclosure, collection and use of information principle  
   45.     Disclosure at key points of care  
   46.     Collection, use and disclosure of personal or health information with specified service providers  
   47.     Temporary treatment orders  
   48.     Treatment orders  
   49.     Consequential amendments  

   PART 3--AMENDMENT OF THE JUDICIAL PROCEEDINGS REPORTS ACT 1958

   50.     Restriction on publication of reports of judicial proceedings  
   51.     Prohibition of reporting of names  
   52.     Offence to contravene victim privacy order or interim victim privacy order  

   PART 4--REPEAL OF THIS ACT

   53.     Repeal of this Act  
           ENDNOTES