MENTAL HEALTH ACT 2014 (NO. 26 OF 2014)

Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 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

Division 1--Statement of rights

12. What is a statement of rights?
13. Statement of rights must be explained

Division 2--Right to communicate

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

Division 3--Advance statements

19. What is an advance statement?
20. Making an advance statement
21. Revoking an advance statement
22. Advance statement must not be amended

Division 4--Nominated persons

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

Division 1--Assessment Orders

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

Division 2--Court Assessment Orders

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

Division 3--Temporary Treatment Orders

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

Division 4--Treatment Orders

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

Division 5--Variation of Temporary Treatment Orders and Treatment Orders

58. Variation of Temporary Treatment Orders and Treatment Orders
59. Requirements in relation to varied Temporary Treatment Orders and Treatment Orders

Division 6--Revocation and Expiry of 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

Division 7--General provisions

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

Division 1--Capacity and informed consent

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

Division 2--Treatment

72. Patients to be treated for mental illness
73. Circumstances in which patient's preferences in advance statement may be overridden

Division 3--Medical treatment

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 take into account if consenting to medical treatment of patient
77. Urgent medical treatment

Division 4--Second psychiatric opinions

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

Division 5--Electroconvulsive treatment

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

Division 6--Neurosurgery for mental illness

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

Division 1--General

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

Division 2--Seclusion

110. When may seclusion be used?
111. Use of seclusion to be authorised
112. Monitoring of person in seclusion

Division 3--Bodily restraint

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

Division 1--The Secretary

117. Role of Secretary
118. Functions of the Secretary

Division 2--The chief psychiatrist

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

Division 3--Authorised officers

146. Chief psychiatrist may appoint authorised officers
147. Identity cards
148. Production of identity card

Division 4--Designated mental health services

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

Division 1--Establishment of the 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

Division 2--Membership of the Tribunal

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

Division 3--Administration

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

Division 4--Tribunal divisions

178. Divisions of the Tribunal
179. Constitution of the Tribunal
180. Presiding member

Division 5--Procedure of the Tribunal

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

Division 6--Rules Committee

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

Division 1--The Mental Health Complaints Commissioner

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

Division 2--Complaints management by the Commissioner

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

Division 3--Conciliation

244. Conciliation process
245. Parties may be represented at conciliation
246. Discontinuation of conciliation
247. Conciliation outcome
248. Conciliation agreements
249. Secrecy

Division 4--Investigations

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

Division 5--Compliance notices

260. Compliance notice
261. Application for review—compliance notice
262. Offence not to comply with compliance notice

Division 6--General

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

Division 1--Preliminary

269. Construction of references

Division 2--Court Secure Treatment Orders

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

Division 3--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

Division 4--Leave of absence

281. Grant of leave of absence
282. Revocation of leave of absence
283. Notification requirements for leave of absence
284. Application to Tribunal

Division 5--Monitored leave

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

Division 6--Taking security patients to another designated mental health service

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

Division 7--General security patient matters

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

Division 8--Interstate security patients

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
306. Persons detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 taken to designated mental health service
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

Division 1--General

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

Division 2--Operation of Victorian Orders interstate and corresponding orders 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

Division 3--Persons absent without leave

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

Division 1--Preliminary

328. Victorian Institute of Forensic Mental Health
329. Trading name
330. Functions of the Institute
331. Powers of the Institute

Division 2--Board of directors

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

Division 3--General

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

Division 1--Disclosure of health information

346. Disclosure of health information
347. Information from electronic health information system

Division 2--Notification of reportable deaths

348. Chief psychiatrist to be notified of reportable deaths
349. Notification of death of security patient or forensic patient

Division 3--Powers of transfer, apprehension, entry, search and seizure

350. Bodily restraint and sedation may be used when taking person
351. Apprehension of person by police
352. Apprehension of person absent without leave
353. Power to enter premises, apprehend and take person to a designated mental health service
354. Search powers
355. Preservation of privacy and dignity during search
356. Power to seize and detain things

Division 4--General provisions

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

Division 5--Codes of Practice

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

Division 6--Regulations

370. Regulations
371. Fees
372. Transitional regulations

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 17--AMENDMENTS TO THE SENTENCING ACT 1991, THE CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 AND OTHER ACTS

Division 1--Sentencing Act 1991

429. Definitions
430. Sentences
431. Time held in custody before trial etc. to be deducted from sentence
432. Indefinite sentence
433. Court Secure Treatment Orders
434. Time held in custody before trial etc. to be deducted from sentence
435. Part 5 of the Sentencing Act 1991 substituted

Division 2--Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

436. Definitions
437. Supervision orders
438. Warrant to arrest person subject to custodial supervision order who leaves Victoria
439. Reports on mental condition of persons declared liable to supervision
440. Certificate of available services
441. Special leave
442. What are the surrounds?
443. Granting of on-ground or limited off-ground leave
444. Applicant profile
445. Leave plan or statement
446. Granting of extended leave
447. Leave plan for extended leave
448. Suspension and revocation of extended leave
449. Appointment of people to assist the Panel
450. Transfer of persons from a participating State to Victoria
451. Warrant to arrest person who absconds to Victoria
452. Interim disposition order
453. New Part 7C inserted
454. Transitional provision

Division 3--Amendments to other Acts

455. Consequential and other amendments to other Acts
456. Amendments consequential on Victoria Police Act 2013
457. Amendments consequential on Legal Profession Uniform Law Application Act 2014
SCHEDULE
ENDNOTES

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