{"id":"mental-health-and-related-services-act-1998","name":"Mental Health and Related Services Act 1998","slug":"mental-health-and-related-services-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30253,"registerId":"nt-mental-health-and-related-services-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Mental Health and Related Services\nAct 1998.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\nThe objects of this Act are as follows:\n(a) to provide for the care, treatment and protection of people with\nmental illness while at the same time protecting their civil\nrights;\n(b) to establish provisions for the care, treatment and protection of\npeople with mental illness that are consistent with the United\nNations' Principles for the Protection of Persons with Mental\nIllness and the Improvement of Mental Health Care, the\nAustralian Health Ministers' Mental Health Statement of Rights\nand Responsibilities and the National Mental Health Plan;\n(c) to establish provisions for the review of the voluntary and\ninvoluntary admission of people into approved treatment\nfacilities and the treatment provided to people in approved\ntreatment facilities;\n(d) to establish provisions for obtaining informed consent and the\nauthorisation of treatment;\n(e) to establish provisions for emergency detention and treatment;\n\nMental Health and Related Services Act 1998 2\n(f) to provide regulation of specific forms of treatment;\n(g) to establish provisions for the administration of involuntary\ntreatment in the community;\n(h) to mainstream and integrate, as far as possible, provision for\nthe administration and review of admission, hospitalisation\nand treatment of prisoners;\n(j) to establish the right of people receiving or seeking psychiatric\ntreatment or care to be given oral and written explanations of\ntheir legal rights and entitlements under this Act in a form and\nlanguage that they understand;\n(m) to establish the right for people who are subject to this Act,\ntheir relatives, friends and representatives, and any other\npeople with a genuine interest in particular people who are\nsubject to this Act, to make a complaint;\n(n) to provide for approved treatment facilities and approved\ntreatment agencies to establish accessible internal complaints\nprocedures;\n(p) to affirm the right of people who are subject to this Act to\ncomplain to independent complaint bodies established by or\nunder other legislation;\n(q) to provide for a principal community visitor, community visitors\nand community visitor panels with inquiry, complaints,\ninvestigation, visiting, inspection, advocacy and reporting\npowers and functions;\n(r) to provide for the registration of mental health orders made\noutside the Territory;\n(s) to provide a procedure for approved treatment facilities and\napproved treatment agencies to be approved;\n(t) to recognise the continuing appropriate care provided by\nrelatives and friends and other non-professional care givers in\nthe community, and to ensure that therapeutic alliances\ninvolving appropriate non-professionals are recognised.\n\nMental Health and Related Services Act 1998 3\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nAboriginal and Torres Strait Islander health practitioner means\na person registered under the Health Practitioner Regulation\nNational Law to practise in the Aboriginal and Torres Strait Islander\nhealth practice profession (other than as a student).\nadult guardian, for a person, means a guardian (as defined in\nsection 3 of the Guardianship of Adults Act 2016) for the person\nwho has power under that Act to consent to any health care for the\nrepresented person.\nadvance consent decision, see section 3 of the Advance\nPersonal Planning Act 2013.\napproved means approved by the CEO in writing.\napproved ambulance service means an ambulance service\napproved by the CEO.\napproved treatment agency means a body or organisation\ndeclared under section 20(1)(c).\napproved temporary treatment facility means a place or\npremises or a part of a place or premises declared under\nsection 20(1)(b).\napproved treatment facility means a place or premises or a part\nof a place or premises declared under section 20(1)(a).\nauthorised officer means a person holding an appointment as an\nauthorised officer under section 23A.\nauthorised psychiatric practitioner means a person appointed as\nan authorised psychiatric practitioner under section 22.\nbehavioural disturbance, see section 6A(3).\nCEO means the Chief Executive Officer.\ncognitive impairment, see section 6A(2).\nCommittee means the Approved Procedures and Quality\nAssurance Committee declared under section 145.\ncommunity includes a custodial correctional facility.\ncommunity management order, see section 123(5)(c).\n\nMental Health and Related Services Act 1998 4\ncommunity visitor, see sections 103(1) and 103B(1).\ncommunity visitors panel, see section 110(1).\ncomplex cognitive impairment, see section 6A(1).\ncorresponding law, for Part 18, Division 2, see section 151.\ncriteria, for:\n(a) the involuntary admission of a person on the grounds of:\n(i) mental illness – see section 14; or\n(ii) mental disturbance – see section 15; or\n(iii) complex cognitive impairment – see section 15A; or\n(b) the involuntary treatment or care of a person in the\ncommunity – see section 16.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\ndecision maker, for a person, means a decision maker (as defined\nin section 3 of the Advance Personal Planning Act 2013) for the\nperson who has authority for matters relating to the treatment and\ncare of the person under this Act.\nDeputy President, see section 3 of the NTCAT Act.\ndesignated mental health practitioner means a person appointed\nto be a designated mental health practitioner under section 23.\nexisting involuntary patient, for Part 6, Division 4, see\nsection 44C(2).\nfinancial protection order, see section 168(2).\nharm includes financial harm and loss of reputation.\nhealth care decision maker, for person who is an adult, means a\nperson, other than an adult guardian, who has authority under the\nHealth Care Decision Making Act 2023 for health care decisions for\nthe adult.\ninformed consent, see section 7.\ninterim community management order, see sections 38(2)(c),\n44(2)(c) and 45(1).\n\nMental Health and Related Services Act 1998 5\ninterstate transfer order, for Part 18, Division 2, see section 151.\ninvoluntary detention application, see section 129(1A).\ninvoluntary patient, means a person admitted to an approved\ntreatment facility under Part 6.\nmental health order, for Part 18, Division 2, see section 151.\nmental illness, see section 6.\nmentally disturbed means behaviour of a person that is so\nirrational as to justify the person being temporarily detained under\nthis Act.\nnominated next of kin, for a person, means someone nominated\nin the person's medical records as the person's next of kin.\nNTCAT Act means the Northern Territory Civil and Administrative\nTribunal Act 2014.\nparamedic means a person registered under the Health\nPractitioner Regulation National Law to practise in the\nparamedicine profession (other than as a student).\nparticipating State or Territory, for Part 18, Division 2, see\nsection 151.\nperson-in-charge, of an approved treatment facility or approved\ntreatment agency, means a person appointed as the\nperson-in-charge of the facility or agency under section 21(1).\nPresident, see section 3 of the NTCAT Act.\nprimary carer, see section 7A.\nprincipal community visitor, see section 101(1).\nprisoner, see section 6 of the Correctional Services Act 2014.\npsychiatric case manager, see section 51(1).\npsychologist means a person registered under the Health\nPractitioner Regulation National Law to practise in the psychology\nprofession (other than as a student).\nrecommendation for psychiatric examination means a\nrecommendation made under section 34.\n\nMental Health and Related Services Act 1998 6\nregistered nurse means a person registered under the Health\nPractitioner Regulation National Law:\n(a) to practise in the nursing profession (other than as a student);\nand\n(b) in the registered nurses division of that profession.\nrepresentative, means a person nominated by a person who is\nsubject to this Act to receive information and to represent the\nperson's interests.\nsenior next of kin, see section 3 of the Coroners Act 1993.\nsocial worker means a person who is eligible for full membership\nof the Australian Association of Social Workers.\nspecial community visitors panel, see section 112A(1).\ntreatment, in relation to mental illness, mental disturbance or\ncomplex cognitive impairment, means things done in the course of\nthe exercise of professional skills:\n(a) to remedy the illness, disturbance or impairment; or\n(b) to lessen the effects or the pain and suffering caused by the\nillness, disturbance or impairment.\ntreatment management plan, for Part 6, Division 4, see\nsection 44A.\nTribunal means NTCAT.\nvoluntary treatment plan means a treatment plan for a person\nrequested from the Chief Health Officer by the court under\nsection 78(2).\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"5 Act binds Crown\nThis Act binds the Crown not only in right of the Territory but also,\nso far as the legislative power of the Legislative Assembly permits,\nthe Crown in all its other capacities.\n\nMental Health and Related Services Act 1998 7\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Mental illness","content":"6 Mental illness\n(1) A mental illness is a condition that seriously impairs, either\ntemporarily or permanently, the mental functioning of a person in\none or more of the areas of thought, mood, volition, perception,\norientation or memory and is characterised:\n(a) by the presence of at least one of the following symptoms:\n(i) delusions;\n(ii) hallucinations;\n(iii) serious disorders of the stream of thought;\n(iv) serious disorders of thought form;\n(v) serious disturbances of mood; or\n(b) by sustained or repeated irrational behaviour that may be\ntaken to indicate the presence of at least one of the symptoms\nreferred to in paragraph (a).\n(2) A determination that a person has a mental illness is only to be\nmade in accordance with internationally accepted clinical\nstandards.\n(3) A person is not to be considered to have a mental illness merely\nbecause he or she:\n(a) expresses or refuses or fails to express a particular political or\nreligious opinion or belief, a particular philosophy or a\nparticular sexual preference or sexual orientation; or\n(b) engages, or refuses or fails to engage, in a particular political,\nreligious or cultural activity; or\n(c) engages, or has engaged, in sexual promiscuity, immoral or\nillegal conduct or anti-social behaviour; or\n(d) has a sexual disorder; or\n(e) is intellectually disabled; or\n(f) uses alcohol or other drugs; or\n(g) has a personality disorder or a habit or impulse disorder; or\n(h) has, or has not, a particular political, economic or social\nstatus; or\n\nMental Health and Related Services Act 1998 8\n(j) communicates, or refuses or fails to communicate, or behaves\nor refuses or fails to behave, in a manner consistent with his\nor her cultural beliefs, practices or mores; or\n(k) is, or is not, a member of a particular cultural, racial or\nreligious group; or\n(m) is involved, or has been involved, in family or professional\nconflict; or\n(n) has been treated for mental illness or has been detained in a\nhospital that provides treatment of mental illness; or\n(p) has been admitted as an involuntary patient on the grounds of\nmental disturbance or complex cognitive impairment; or\n(q) has acquired brain damage.\n","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Complex cognitive impairment and related terms","content":"6A Complex cognitive impairment and related terms\n(1) A person has a complex cognitive impairment if the person has a\ncognitive impairment with a behavioural disturbance.\n(2) A person has a cognitive impairment if the person has an\nintellectual impairment, neurological impairment or acquired brain\ninjury (or any combination of these) that:\n(a) is, or is likely to be, permanent; and\n(b) results in substantially reduced capacity in at least one of the\n(i) self-care or management;\n(ii) decision making or problem solving;\n(iii) communication or social functioning.\n(3) A person has a behavioural disturbance if the person's mental\ncondition has deteriorated to the extent the person is behaving in\nan aggressive manner or is engaging in seriously irresponsible\nconduct.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Informed consent","content":"7 Informed consent\n(1) A person cannot give informed consent under this Act unless this\nsection is complied with, and any attempt to waive or circumvent\nthe requirements of this section is of no effect.\n\nMental Health and Related Services Act 1998 9\n(2) A person gives informed consent under this Act:\n(a) when the person's consent is freely and voluntarily given\nwithout any inducement being offered; and\n(b) the person is capable of understanding the effects of giving\nconsent; and\n(c) the person communicates his or her consent on the approved\nform.\n(3) A person can give informed consent only when he or she has been\ngiven:\n(a) a clear explanation of the assessment and possible diagnosis,\nthe nature of the proposed treatment, including sufficient\ninformation about the type of treatment, its purpose and likely\nduration to permit the person to make a balanced judgment\nregarding undertaking it; and\n(b) an adequate description, without concealment, exaggeration\nor distortion, of the benefits, discomforts and risks associated\nwith the treatment; and\n(c) an adequate description of any appropriate alternative form of\ntreatment that is reasonably available; and\n(d) a clear answer to all relevant questions asked by the person\n(and the answer has been understood by the person); and\n(e) advice that the treatment may be refused or consent may be\nwithdrawn at any time while the treatment is being undertaken;\nand\n(f) advice that independent legal or medical advice may be\nobtained in relation to the treatment before giving consent\n(and reasonable assistance is provided to obtain that advice, if\nrequested); and\n(g) advice of all rights of review and appeal under this Act; and\n(h) advice of any relevant financial advantage that may be gained\nby a medical practitioner proposing the treatment and by the\napproved treatment facility or approved treatment agency\nwhere the treatment is to be undertaken; and\n(j) advice of any relevant research relationship between a\nmedical practitioner proposing the treatment and the approved\ntreatment facility or approved treatment agency where the\ntreatment is to be undertaken; and\n\nMental Health and Related Services Act 1998 10\n(k) explanations, descriptions and advice in a manner or form that\nthe person is used to communicating in (and due regard is to\nbe given to age, culture, disability, impairment and any other\nfactors that may influence the person understanding the\nexplanation).\n(4) A person must be given adequate time to consider the information\nprovided under subsection (3) before being asked to give his or her\ninformed consent.\n(5) A person who is unable to communicate adequately in English but\nwho is able to communicate adequately in another language is to\nbe assisted, as far as is practicable, by a competent interpreter.\n(6) A person whose informed consent is being sought may request that\nanother person be present while the informed consent is obtained.\n(7) The person-in-charge of the approved treatment facility or approved\ntreatment agency at which treatment is proposed to be performed\non a person must ensure that this section is complied with.\n","sortOrder":7},{"sectionNumber":"7A","sectionType":"section","heading":"Primary carer","content":"7A Primary carer\n(1) A primary carer for a person is:\n(a) someone providing care and support to the person because of\nhis or her sense of responsibility as a relative of, or someone\nclose to, the person; or\n(b) if the person does not have anyone providing care and\nsupport as mentioned in paragraph (a) – someone most\nclosely involved in the treatment or care of, or support to, the\n(2) For this section, a relative of the person includes anyone related to\nthe person through a relationship that arises through common\nancestry, adoption, marriage, de facto relationship or any\ncustomary law or tradition (including Aboriginal customary law or\ntradition).\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Interpretation of Act","content":"8 Interpretation of Act\nThis Act is to be interpreted and a power or function conferred or\nimposed by this Act is to be exercised or performed so that:\n(a) a person who has a mental illness receives the best possible\ncare and treatment in the least restrictive and least intrusive\nenvironment enabling the care and treatment to be effectively\ngiven; and\n\nMental Health and Related Services Act 1998 11\n(b) in providing for the care and treatment of a person who has a\nmental illness and the protection of members of the public,\nany restriction on the liberty of the person and any other\nperson who has a mental illness, and any interference with\ntheir rights, dignity, privacy and self respect is kept to the\nminimum necessary in the circumstances; and\n(c) the objective of treatment is directed towards the purpose of\npreserving and enhancing personal autonomy; and\n(d) the administration of medication to a person serves the best\ninterests and health needs of the person and is administered\nonly for therapeutic or diagnostic purposes and not as\npunishment or for the convenience of others; and\n(e) medication to be administered to a person is prescribed only\nby persons who are authorised by law to do so; and\n(f) a person who has a mental illness who needs language,\ninterpreter, advocacy, legal or other services to assist him or\nher in communicating has access to those services; and\n(g) the assessment, care, treatment and protection of an\nAboriginal person or a person from a non-English speaking\nbackground who has a mental illness is appropriate to, and\nconsistent with, the person's cultural beliefs, practices and\nmores.\n8AA Relationship with Disability Services Act 1993\n(1) A person with a disability for whom a treatment order under the\nDisability Services Act 1993 is in force may be admitted as an\ninvoluntary patient.\nIf a person with a disability for whom a treatment order under the Disability\nServices Act 1993 is in force is admitted as an involuntary patient, the treatment\norder for the person is suspended while the person is detained in an approved\ntreatment facility – see section 14(3) of that Act.\n(2) A treatment order under the Disability Services Act 1993 may be\nmade for a person under an order for the person's involuntary\nadmission on the grounds of complex cognitive impairment under\nPart 6, Division 4.\nNote for subsection (2)\nThe order under this Act for the person is revoked on the making of the treatment\norder under the Disability Services Act 1993 – see section 14(2) of that Act.\n\nMental Health and Related Services Act 1998 12\n8AB Relationship with Youth Justice Act 2005\n(1) This Act applies to a detainee as if:\n(a) a reference to a prisoner were a reference to the detainee;\nand\n(b) a reference to imprisonment were a reference to detention;\nand\n(c) a reference to a custodial correctional facility were a reference\nto a detention centre; and\n(d) a reference to the Commissioner of Correctional Services\nwere a reference to the Chief Executive Officer (as defined in\nsection 19 of the Public Sector Employment and Management\nAct 1993) of the Agency responsible for youth justice.\n(2) In this section:\ndetainee, see section 5(1) of the Youth Justice Act 2005.\ndetention centre, see section 5(1) of the Youth Justice Act 2005.\n","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Application of Criminal Code","content":"8A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Principles relating to provision of treatment and care","content":"9 Principles relating to provision of treatment and care\nWhen providing treatment and care to a person who has a mental\nillness, mental disturbance or complex cognitive impairment the\nfollowing principles apply:\n(a) the person is to be provided with timely and high quality\ntreatment and care in accordance with professionally accepted\nstandards;\n(b) where possible, the person is to be treated in the community;\n\nMental Health and Related Services Act 1998 13\n(c) as far as possible, the person's treatment and care is to be\ndesigned to assist the person to live, work and participate in\nthe community and to promote and assist self-reliance;\n(d) the person is to be provided with appropriate and\ncomprehensive information about:\n(i) the person's mental illness, mental disturbance or\ncomplex cognitive impairment; and\n(ii) proposed and alternative treatment and services\navailable to meet the person's needs;\n(e) where possible, the person is to be treated near where he or\nshe ordinarily resides or where relatives or friends of the\nperson reside;\n(f) as far as possible, the person's treatment and any service to\nbe developed for the person is appropriate having regard to\nthe age and gender of the person;\n(g) as far as possible, the person is to be involved in the\ndevelopment of any ongoing treatment plan or any discharge\nplanning;\n(h) the person is to be given medication only for therapeutic or\ndiagnostic purposes and not as a punishment or for the\nconvenience of others;\n(j) except as provided by this Act, the person is not to be given\ntreatment without his or her consent;\n(k) the person's treatment is to be carried out, wherever\npracticable, within a multi-disciplinary framework;\n(m) the person's treatment and care is to be based on an\nindividually developed plan that is discussed with the person,\nreviewed regularly and revised, as necessary, and is provided\nby qualified professional persons;\n(n) the person's treatment and care is, as far as possible, to be\nappropriate to and consistent with the person's cultural beliefs,\npractices and mores, taking into account the views of the\nperson's family and community;\n(p) any assessment of the person to determine whether he or she\nneeds to be admitted to an approved treatment facility is to be\nconducted in the least restrictive manner and environment\npossible.\n\nMental Health and Related Services Act 1998 14\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Principles relating to involuntary admission and treatment","content":"10 Principles relating to involuntary admission and treatment\nWhen admitting and treating a person as an involuntary patient the\nfollowing principles apply:\n(a) the person should only be admitted after every effort to avoid\nthe person being admitted as an involuntary patient has been\ntaken;\n(b) where the person needs to be taken to an approved treatment\nfacility or into custody for assessment, the assistance of a\npolice officer is to be sought only as a last resort and there is\nno other means of taking the person to the approved\ntreatment facility or into custody;\n(c) involuntary treatment is to be for a brief period, reviewed\nregularly and is to cease as soon as the person no longer\nmeets the criteria for involuntary admission on the grounds of\nmental illness, mental disturbance or complex cognitive\nimpairment;\n(d) where the person is from a non-English speaking background,\ninvoluntary treatment is, where possible, to be provided by\nhealth service providers who are from the same non-English\nspeaking background.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Principles related to admission, care and treatment of","content":"11 Principles related to admission, care and treatment of\nAboriginal and Torres Strait Islander persons\nWhen providing treatment and care to a person of Aboriginal or\nTorres Strait Islander background the following principles apply:\n(a) as far as possible, the person's treatment and care is to be\nappropriate to and consistent with the person's cultural beliefs,\npractices and mores, taking into account the views of the\nperson's family and community;\n(b) if the person is an Aboriginal or Torres Strait Islander person,\nthe involuntary treatment is, where possible, to be provided in\ncollaboration with an Aboriginal and Torres Strait Islander\nhealth practitioner.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Principles relating to rights of carers and families","content":"12 Principles relating to rights of carers and families\nWhen treatment and care is provided to a person the following\nprinciples apply:\n(a) as far as practicable and appropriate, a carer of the person is\nto be provided with relevant information about the person's\nrights and entitlements under this Act, how those rights and\n\nMental Health and Related Services Act 1998 15\nentitlements may be accessed and exercised, the grounds for\nthe person's admission, the section under which the person\nwas admitted, any proposed or alternative treatment and the\nservices available to meet the person's needs;\n(b) as far as practicable, a carer of the person must be consulted\nand involved in the development of any ongoing treatment\nplan and any discharge planning for the person;\n(c) as far as practicable and appropriate, family members should\nbe consulted and involved in the person's treatment and care.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Principles relating to rights and conditions in approved","content":"13 Principles relating to rights and conditions in approved\ntreatment facilities\nWhen a person who has a mental illness, mental disturbance or\ncomplex cognitive impairment is being treated in an approved\ntreatment facility the following principles apply:\n(a) the person's legal rights and his or her right to privacy and to\nreligious freedom are to be respected;\n(b) the confidentiality of information relating to the person is to be\nrespected;\n(c) subject to this Act, the person's freedom of lawful\ncommunication (which includes the freedom to communicate\nwith other persons in the approved treatment facility, to send\nand receive uncensored private communications, to receive\nvisits from his or her counsel or representative in private, to\nreceive visits from other people at all reasonable times and to\nhave access to postal and telephone services and to\nnewspapers, radio and television) is to be ensured;\n(d) the person's living conditions are to be as close as practicable\nto those usually experienced by people of a similar age living\nin the general community;\n(e) subject to section 92, the person is to have access to his or\nher personal records;\n(f) the person's right to make a complaint under an Act in respect\nof his or her treatment under this Act is not affected.\n\nPart 3 Criteria for involuntary admission and treatment\nMental Health and Related Services Act 1998 16\nPart 3 Criteria for involuntary admission and\ntreatment\n14 Involuntary admission on grounds of mental illness\ngrounds of mental illness are that:\n(a) the person has a mental illness; and\n(b) as a result of the mental illness:\n(i) the person requires treatment that is available at an\napproved treatment facility; and\n(ii) without the treatment, the person is likely to:\n(A) cause serious harm to himself or herself or to\n(B) suffer serious mental or physical deterioration; and\n(iii) the person is not capable of giving informed consent to\nthe treatment or has unreasonably refused to consent to\nthe treatment; and\n(c) there is no less restrictive means of ensuring that the person\nreceives the treatment.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Involuntary admission on grounds of mental disturbance","content":"15 Involuntary admission on grounds of mental disturbance\ngrounds of mental disturbance are that:\n(a) the person does not fulfil the criteria for involuntary admission\non the grounds of mental illness or complex cognitive\nimpairment; and\n(b) the person's behaviour is, or within the immediately preceding\n48 hours has been, so irrational as to lead to the conclusion\nthat:\n(i) the person is experiencing or exhibiting a severe\nimpairment of or deviation from his or her customary or\neveryday ability to reason and function in a socially\nacceptable and culturally appropriate manner; and\n(ii) the person is behaving in an abnormally aggressive\nmanner or is engaging in seriously irresponsible conduct\nthat justify a determination that the person requires\n\n","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Criteria for involuntary admission and treatment","content":"Part 3 Criteria for involuntary admission and treatment\nMental Health and Related Services Act 1998 17\npsychiatric assessment, treatment and care that is\navailable at an approved treatment facility; and\n(c) unless the person receives treatment and care at an approved\ntreatment facility, he or she:\nand\n(d) the person is not capable of giving informed consent to the\ntreatment and care or has unreasonably refused to consent to\nthe treatment and care; and\n(e) there is no less restrictive means of ensuring that the person\nreceives the treatment and care.\n","sortOrder":17},{"sectionNumber":"15A","sectionType":"section","heading":"Involuntary admission on grounds of complex cognitive","content":"15A Involuntary admission on grounds of complex cognitive\nimpairment\ngrounds of complex cognitive impairment are:\n(a) the person is an adult who does not fulfil the criteria for\ninvoluntary admission on the grounds of mental illness or\n(b) the person has significant cognitive impairment; and\n(c) unless the person receives treatment and care at an approved\ntreatment facility, the person:\nand\n(d) the person is likely to benefit from the treatment and care; and\n(e) the person is not capable of giving informed consent to the\ntreatment and care; and\n\nMental Health and Related Services Act 1998 18\n(f) there is no less restrictive way of ensuring the person receives\nthe treatment and care.\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Involuntary treatment in community","content":"16 Involuntary treatment in community\nThe criteria for the involuntary treatment or care of a person in the\ncommunity are:\n(a) the person has a mental illness; and\n(b) as a result of the mental illness:\n(i) the person requires treatment or care; and\n(ii) without the treatment or care, the person is likely to:\n(A) cause serious harm to himself or herself or to\n(B) suffer serious mental or physical deterioration; and\n(iii) the person is not capable of giving informed consent to\nthe treatment or care or has unreasonably refused to\nconsent to the treatment or care; and\n(c) the treatment or care is able to be provided by a community\nmanagement plan that has been prepared and is capable of\nbeing implemented.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Powers and functions of CEO","content":"17 Powers and functions of CEO\n(1) The functions of the CEO, in addition to the functions specified by\nor under this Act, are:\n(a) to oversee the operations of this Act; and\n(b) to ensure that people receiving treatment from the Agency are\ntreated and cared for in accordance with this Act.\n(2) The CEO has power to do all things that are necessary or\nconvenient to be done for or in connection with or incidental to the\nperformance of his or her functions.\n(3) The CEO may, by written notice to a person, direct that a practice\nunder, or interpretation of, this Act be observed or carried out.\n\nMental Health and Related Services Act 1998 19\n(3A) However, the CEO must not give directions under subsection (3) to\nany of the following:\n(a) a community visitor;\n(b) the principal community visitor;\n(c) a member of:\n(i) a community visitors panel; or\n(ii) a special community visitors panel; or\n(iii) the Tribunal.\n(4) A person given a direction under subsection (3) must not engage in\nconduct that results in a contravention of the direction.\nMaximum penalty for subsection (4): 40 penalty units.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Approved procedures","content":"18 Approved procedures\n(1) The CEO may approve procedures, not inconsistent with this Act, to\nbe used in the administration of this Act.\n(1A) However, the CEO must not approve procedures under\nsubsection (1) for any of the following:\n(a) Part 14, except the procedures under that Part relating to the\nAgency;\n(b) the Tribunal.\n(2) A person must not contravene the procedures approved under\nsubsection (1).\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Delegation","content":"19 Delegation\n(1) The following may delegate to a person any of his or her powers or\nfunctions under this Act:\n(a) the Minister;\n(b) the CEO;\n(c) the Chief Health Officer;\n(d) the principal community visitor;\n(e) the Commissioner of Correctional Services.\n\nMental Health and Related Services Act 1998 20\n(2) The delegation must be in writing.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Approved treatment facilities and approved treatment agencies","content":"20 Approved treatment facilities and approved treatment agencies\n(1) The Minister may, by Gazette notice, declare:\n(a) a place or premises, or a part of a place or premises, to be an\napproved treatment facility; or\n(b) a place or premises, or a part of a place or premises, to be an\napproved temporary treatment facility where persons may be\ndetained as involuntary patients for not longer than 72 hours;\nor\n(c) a body or organisation to be an approved treatment agency.\n(2) The Minister must not make a declaration under subsection (1)(a)\nor (b) unless he or she has received a report from the Chief Health\nOfficer that the place or premises, or the part of the place or\npremises, has conditions and levels of staff sufficient to provide an\nappropriate standard of treatment and care of persons admitted as\ninvoluntary patients under this Act.\n(3) The Minister must not make a declaration under subsection (1)(c)\nunless he or she has received a report from the Chief Health Officer\nthat the body or organisation has conditions and levels of staff\nsufficient to provide an appropriate standard of treatment and care\n(4) A declaration under subsection (1) remains in force for 3 years.\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Persons-in-charge of approved treatment facilities and","content":"21 Persons-in-charge of approved treatment facilities and\nagencies\n(1) The CEO must, in writing, appoint a person to be the\nperson-in-charge of each approved treatment agency and each\napproved treatment facility.\n(2) The person-in-charge of an approved treatment facility is\nresponsible for the care and welfare of persons receiving treatment\nand care at the facility.\n(3) The person-in-charge of an approved treatment agency is\nresponsible for the treatment and care of persons receiving\nservices from the agency.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Authorised psychiatric practitioners","content":"22 Authorised psychiatric practitioners\n(1) The CEO may, in writing, appoint a person to be an authorised\n\nMental Health and Related Services Act 1998 21\n(2) A person must not be appointed as an authorised psychiatric\npractitioner unless:\n(a) the person:\n(i) has the qualifications specified in subsection (3); or\n(ii) is a person to whom subsection (4) applies; and\n(b) the person has successfully completed an approved training\nand orientation course.\n(3) The person has the qualifications for subsection (2)(a)(i) if the\n(a) is a medical practitioner who holds specialist registration\nunder the Health Practitioner Regulation National Law in the\nrecognised specialty of psychiatry; or\n(b) has qualifications entitling the person to fellowship of the\nRoyal Australian and New Zealand College of Psychiatrists; or\n(c) is employed as a specialist or consultant in the medical\nspecialty of psychiatry by the Commonwealth, a State or\nTerritory, or an agency or authority of the Commonwealth, a\nState or Territory; or\n(d) is employed as a psychiatrist by the Commonwealth, a State\nor Territory, or an agency or authority of the Commonwealth, a\nState or Territory.\n(4) This subsection applies to a person for subsection (2)(a)(ii) if:\n(a) the person is employed as:\n(i) a medical practitioner by an approved treatment facility\nor approved treatment agency; or\n(ii) a psychiatric registrar by the Commonwealth, a State or\nTerritory, or an agency or authority of the\nCommonwealth, a State or Territory; and\n(b) the appointment complies with approved procedures.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Designated mental health practitioners","content":"23 Designated mental health practitioners\n(1) The person-in-charge of an approved treatment agency or\napproved treatment facility may apply to the CEO to have a person\nemployed by the agency or at the facility appointed as a designated\nmental health practitioner.\n\nMental Health and Related Services Act 1998 22\n(2) On receiving an application under subsection (1) the CEO may\nappoint or refuse to appoint the person.\n(2A) The CEO may appoint an employee of the Agency to be a\ndesignated mental health practitioner.\n(3) A person cannot be appointed as a designated mental health\npractitioner unless he or she:\n(a) is:\n(i) a psychologist; or\n(ii) a registered nurse; or\n(iii) a person registered under the Health Practitioner\nRegulation National Law to practise in the occupational\ntherapy profession (other than as a student); or\n(iv) an Aboriginal and Torres Strait Islander health\npractitioner; or\n(v) a social worker; or\n(vi) a paramedic; and\n(b) has not less than 2 years approved clinical experience; and\n(c) has successfully completed an approved training and\norientation course.\n(4) An appointment of a person under subsection (2) remains in force\nonly while the person continues to be employed at the facility or\nagency.\n(5) An appointment of a person under subsection (2A) remains in force\nonly while the person is an employee of the Agency.\n","sortOrder":26},{"sectionNumber":"23A","sectionType":"section","heading":"Authorised officers","content":"23A Authorised officers\n(1) The CEO may, in accordance with approved procedures, appoint a\npublic sector employee employed in the Agency to be an authorised\nofficer.\n(2) An authorised officer has the functions and powers conferred by\nthis Act.\n\nMental Health and Related Services Act 1998 23\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Voluntary admission","content":"25 Voluntary admission\n(1) A person who is 14 or over may apply to be admitted to an\napproved treatment facility as a voluntary patient.\n(2) A parent or guardian of a person who is under 18 may apply to\nhave the person admitted to an approved treatment facility as a\nvoluntary patient.\n(3) A medical practitioner employed by an approved treatment agency\nor at an approved treatment facility must examine the person and\nmay admit the person as a voluntary patient if satisfied, following\nthe examination, that the person has given informed consent to his\nor her admission.\n(4) An authorised psychiatric practitioner must examine a person\nadmitted under subsection (3) not later than 72 hours after the\nperson is admitted.\n(4A) If it is not practicable for the practitioner to conduct a face-to-face\nexamination under subsection (4), the practitioner may conduct the\nexamination:\n(5) If the medical practitioner who examines a person under\nsubsection (3) is an authorised psychiatric practitioner, he or she\ncannot examine the person under subsection (4).\n(6) The authorised psychiatric practitioner may confirm the admission\nof the person as a voluntary patient if satisfied, following the\nexamination under subsection (3), that the person has given\ninformed consent to his or her admission.\n(7) An authorised psychiatric practitioner who is not able to form a view\nas to whether a person is capable of giving informed consent to his\nor her admission:\n(a) may confirm the admission of the person; and\n(b) must apply to the Tribunal for it to determine the person's\ncapacity to give informed consent as soon as practicable after\nconfirming the admission.\n\nMental Health and Related Services Act 1998 24\n(8) A medical practitioner must refuse to admit a person as a voluntary\npatient and an authorised psychiatric practitioner must refuse to\nconfirm the admission of a person unless the medical practitioner or\nauthorised psychiatric practitioner is satisfied that the person is\nlikely to benefit from being admitted.\n(9) On refusing to admit a person or to confirm the admission of a\nperson under this section, the medical practitioner or authorised\npsychiatric practitioner:\n(a) must inform the person of the grounds of the decision and that\nthe person has a right to apply to the Tribunal for a review of\nthe decision; and\n(b) must explain the review procedure to the person.\n(10) The following persons cannot make an application under this\nsection for another person:\n(a) an adult guardian of the other person;\n(b) a decision maker or other health care decision maker for the\nother person.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Admission of persons under 18 as voluntary patients","content":"26 Admission of persons under 18 as voluntary patients\n(1) A person under 18 must not be admitted to an approved treatment\nfacility as a voluntary patient unless the person can be cared for\nand treated:\n(a) in a way that gives due regard to the person's age, culture,\ngender and maturity; and\n(b) if appropriate and possible – separately from persons who are\n18 or over.\n(2) As soon as practicable after a person under 18 is admitted to an\napproved treatment facility as a voluntary patient, a practitioner\nmust notify a parent or guardian of the person that the person has\nbeen so admitted.\n(3) However, the practitioner may decide not to notify a parent or\nguardian of the person if the practitioner is of the opinion that giving\nthe notification is not in the person's best interests.\n(4) If the practitioner decides not to notify a parent or guardian of the\nperson because of subsection (3), the practitioner must give to the\nTribunal a written report of the decision and the reason for it in the\n\nMental Health and Related Services Act 1998 25\n(5) A notification under subsection (2) may be given orally or in writing\nbut must be in a language that can be understood by the receiver of\nthe notification.\n(6) If a practitioner believes, on reasonable grounds, the person has\nsuffered or is suffering maltreatment, the practitioner must notify an\nauthorised officer not later than 48 hours after the admission.\n(7) A practitioner must make a record of each of the following in\n(a) a notification under subsection (2);\n(b) a decision under subsection (3) not to notify a parent or\nguardian of the person and the reasons for it;\n(c) a notification to an authorised officer under subsection (6).\n(8) In this section:\nauthorised officer, see section 304(1) of the Care and Protection\nof Children Act 2007.\ntreatment facility to which the person is admitted.\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Admission as voluntary patients of persons with adult","content":"27 Admission as voluntary patients of persons with adult\nguardians or decision makers\n(1) An adult guardian or decision maker for a person may apply to have\nthe person admitted to an approved treatment facility as a voluntary\npatient.\n(2) Not later than 24 hours after the application is made, an authorised\npsychiatric practitioner must examine the person and must not\nadmit the person unless satisfied that the person:\n(a) is willing to be admitted; and\n(b) does not fulfil the criteria for admission on the grounds of\nmental illness or mental disturbance; and\n(c) is likely to benefit from being admitted.\n\nMental Health and Related Services Act 1998 26\n(3) On refusing to admit the person, the authorised psychiatric\npractitioner:\n(a) must inform the adult guardian or decision maker of the\ngrounds of the decision and that the person has a right to\n(b) must explain the review procedure to the adult guardian or\ndecision maker.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Notification of admission","content":"28 Notification of admission\nWhere a person remains as a voluntary patient in an approved\ntreatment facility for a continuous period of 6 months, the person-in-\ncharge of the approved treatment facility must notify:\n(a) the CEO; and\n(b) the Tribunal,\nof the length of time the person has been admitted.\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Discharge of voluntary patients","content":"29 Discharge of voluntary patients\n(1) Subject to section 30, a person admitted as a voluntary patient in\nan approved treatment facility may discharge himself or herself\nfrom the facility at any time.\nSections 89 and 90 provide for appropriate information and arrangements\nrelating to follow-up care to be given to persons being discharged.\n(2) A person must be informed of his or her right to leave the approved\ntreatment facility on being admitted as a voluntary patient.\n(3) An authorised psychiatric practitioner must discharge a person\nadmitted as a voluntary patient if of the opinion that:\n(a) it is in the person's best interest to do so; or\n(b) the person will not obtain any benefit by prolonging his or her\nadmission.\n(4) A person who is discharged under subsection (3) must leave the\napproved treatment facility as soon as practicable after being\ninformed of his or her discharge.\n(5) If the person is admitted under section 27, the authorised\npsychiatric practitioner must, as soon as practicable after the\nperson is discharged, inform the person's adult guardian or decision\nmaker about the discharge.\n\nMental Health and Related Services Act 1998 27\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Detention by medical practitioner or nurse","content":"30 Detention by medical practitioner or nurse\n(1) A medical practitioner or the senior registered nurse on duty at an\napproved treatment facility may detain a person admitted as a\nvoluntary patient for up to 6 hours if he or she believes, due to the\ncondition of the person deteriorating since his or her admission or\nfrom information obtained, that the person may fulfil the criteria for\nadmission on the grounds of mental illness or mental disturbance.\n(2) As soon as practicable after detaining a person under\nsubsection (1), the medical practitioner or senior registered nurse\n(a) notify an authorised psychiatric practitioner for the purposes of\nthe person being examined under section 38; and\n(b) enter the reasons for detaining the person in the person's\nclinical file.\n(3) Reasonable force may be used to detain a person under this\nsection.\n(4) While the person is detained under this section:\n(a) mechanical restraint may be applied to the person under\nsection 61; and\n(b) the person may be kept in seclusion under section 62.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Detention by paramedic","content":"31 Detention by paramedic\n(1) A paramedic may detain a person being conveyed in an ambulance\nfor up to 6 hours where the paramedic believes, on reasonable\ngrounds, that the person may fulfil the criteria for involuntary\nadmission on the grounds of mental illness or mental disturbance.\n(2) When detaining a person under subsection (1), a paramedic may\nuse reasonable measures, including the use of restraints, on the\n(a) to prevent the person causing serious harm to the person or to\n\nMental Health and Related Services Act 1998 28\n(3) A paramedic who detains a person under subsection (1):\n(a) must convey the person to the nearest approved treatment\nfacility or, if that is not practicable, to the nearest hospital, as\nsoon as practicable after the person is detained; and\n(b) on arriving at the approved treatment facility or hospital, must\ncomplete the approved form and send it to an authorised\n(4) For subsection (3)(b), the form may be sent by fax or email.\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Request for assessment","content":"32 Request for assessment\n(1) A person may request that he or she be assessed to determine\nwhether he or she is in need of treatment under this Act.\n(2) A person with a genuine interest in or with a real and immediate\nconcern for the health or welfare of another person may request\nthat that person be assessed to determine whether the person is in\n(3) A request under this section may be made to a medical practitioner,\nan authorised psychiatric practitioner or a designated mental health\npractitioner.\n(4) Subject to subsection (5), the medical practitioner, an authorised\npsychiatric practitioner or designated mental health practitioner\nmust assess the person and determine whether the person is in\n(5) The medical practitioner, an authorised psychiatric practitioner or\ndesignated mental health practitioner may decline to assess a\nperson if the practitioner is otherwise satisfied the person is not in\n","sortOrder":35},{"sectionNumber":"32A","sectionType":"section","heading":"Apprehension by police","content":"32A Apprehension by police\n(1) This section applies if a police officer believes, on reasonable\ngrounds:\n(a) a person may require treatment or care under this Act having\nregard to the appearance and behaviour of the person; and\n\nMental Health and Related Services Act 1998 29\n(b) the person is likely to cause serious harm to himself or herself\nor to someone else unless apprehended immediately; and\n(c) it is not practicable in the circumstances to seek the\nassistance of an authorised psychiatric practitioner, a medical\npractitioner or a designated mental health practitioner.\n(2) The police officer may apprehend the person and bring the person\nto an authorised psychiatric practitioner, a medical practitioner or a\ndesignated mental health practitioner for an assessment under\nsection 33.\n(3) The person must be brought to the practitioner as soon as\npracticable.\n(4) However, before the person is brought to the practitioner, the police\nofficer must inform the person that he or she has been\napprehended for the purposes of an assessment by a practitioner\n(5) The police officer must give the practitioner details of:\n(a) the reasons for apprehending the person; and\n(b) any force used to apprehend the person and bring the person\nto the practitioner.\n(6) For subsection (1)(a), the police officer is not required to exercise\nany clinical judgment in forming a belief that the person requires\ntreatment or care under this Act.\n(7) For subsection (2), the police officer may:\n(a) use any reasonable force and assistance; and\npolice officer reasonably believes the person may be found.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Assessment to be conducted","content":"33 Assessment to be conducted\n(1) A medical practitioner, an authorised psychiatric practitioner or\ndesignated mental health practitioner must assess and determine\nwhether a person is in need of treatment under this Act as soon as\npracticable after:\n(a) a request for assessment of the person is made under\nsection 32; or\n\nMental Health and Related Services Act 1998 30\n(b) the person is brought to the medical practitioner, authorised\npsychiatric practitioner or designated mental health\npractitioner in accordance with this Act, to be assessed.\n(2) An assessment under subsection (1) does not have to be\nconducted at an approved treatment facility or approved treatment\nagency.\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Recommendation for psychiatric examination","content":"34 Recommendation for psychiatric examination\n(1) A medical practitioner, an authorised psychiatric practitioner or\ndesignated mental health practitioner must make a\nrecommendation for psychiatric examination of a person if, after\nassessing the person, the practitioner is satisfied that the person\nfulfils the criteria for involuntary admission on the grounds of mental\nillness or mental disturbance.\n(2) The recommendation for psychiatric examination must be in the\n(3) The recommendation authorises the practitioner, a paramedic or\nanyone else specified in the recommendation to do any of the\n(a) to control the person and bring the person to an approved\ntreatment facility for psychiatric examination of the person;\n(b) if the person cannot be brought immediately to an approved\ntreatment facility – to hold the person at a hospital (or other\nplace where the person can be safely held) until it becomes\npracticable to do so;\n(c) without the approval of the Tribunal – to administer treatment\nimmediately necessary:\n(i) to prevent the person causing serious harm to the\nperson or to someone else; or\n(ii) to prevent behaviour of the person likely to cause\nserious harm to the person or to someone else; or\n(iii) to prevent further physical or mental deterioration of the\n(iv) to relieve acute symptomatology;\n(d) to detain the person at an approved treatment facility for up to\n24 hours.\n\nMental Health and Related Services Act 1998 31\n(4) The recommendation may authorise a police officer to exercise, or\nto assist someone else exercising, the powers under\nsubsection (3)(a) if the practitioner considers there is no other\nalternative in the circumstances.\n(5) The practitioner must revoke the recommendation if, after a further\nassessment of the person, the practitioner is no longer satisfied the\nperson fulfils the criteria for involuntary admission on the grounds of\nmental illness or mental disturbance.\n(6) On revoking the recommendation, the practitioner must:\n(a) release the person; and\n(b) give to the Tribunal a written report of the revocation and the\nreasons for the revocation in the approved form.\n(7) The recommendation remains in force for 14 days from the date it is\nmade unless, in the meantime:\n(a) the practitioner revokes the recommendation under\nsubsection (5); or\n(b) an examination of the person has been conducted as required\nby the recommendation.\n(8) For subsection (3), the practitioner, paramedic or anyone specified\nin the recommendation (the authorised officer) may:\n(a) use reasonable force and assistance; and\nauthorised officer reasonably believes the person may be\nfound.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Emergency treatment","content":"35 Emergency treatment\n(1) Treatment is not to be administered under section 34(3)(c) unless:\n(a) to delay the treatment to obtain the approval of the Tribunal\nwill cause a deleterious effect on the person's health; and\n(b) the treatment is approved by a medical practitioner; and\n(c) the treatment is administered by a medical practitioner,\nregistered nurse, paramedic or Aboriginal and Torres Strait\nIslander health practitioner.\n(2) An approval under subsection (1)(b) may be given by telephone.\n\nMental Health and Related Services Act 1998 32\n(3) A person who administers treatment under subsection (1)(c) must\nmake a report containing details of the treatment and the reasons\nwhy the approval of the Tribunal was not obtained.\n(4) A copy of the report must be forwarded as soon as practicable:\n(a) to the person-in-charge of the approved treatment facility at\nwhich the person is detained; and\n(b) to the authorised psychiatric practitioner who examined the\nperson at the approved treatment facility; and\n(c) to the Tribunal.\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Notification of delay in taking person to approved treatment","content":"36 Notification of delay in taking person to approved treatment\nfacility\n(1) Where a person who is being held under section 34(3)(b) has not\nbeen taken to an approved treatment facility after a reasonable\nperiod after the recommendation is made or is taken to an\napproved temporary treatment facility, the person in whose custody\nthe person is must notify the person-in-charge of the approved\ntreatment facility to which the person is to be taken of:\n(a) the place where the person is being held; and\n(b) the reasons why the person has not been taken to the\napproved treatment facility.\n(2) When requested by the person-in-charge of the approved treatment\nfacility, the person in whose custody the person is must:\n(a) notify the authorised psychiatric practitioner nominated by the\nperson-in-charge; and\n(b) provide an assessment of the person; and\n(c) if necessary, obtain approval to treat the person from the\nauthorised psychiatric practitioner nominated under\nparagraph (a).\n(3) The person-in-charge of the approved treatment facility notified\nunder subsection (1) must forward a report to the Tribunal not later\nthan 24 hours after being notified.\n(4) A report under subsection (3) is:\n(a) to be in the approved form; and\n\nMental Health and Related Services Act 1998 33\n(b) to state where the person was held and the reasons why the\nperson was not taken to the approved treatment facility; and\n(c) to give details of the treatment, if any, administered to the\nperson and the reasons why it was necessary to administer\nthe treatment.\n(5) A person who is admitted to an approved temporary treatment\nfacility under subsection (1) must be transferred immediately to an\napproved treatment facility where:\n(a) the person's conditions deteriorates; or\n(b) 72 hours has elapsed since the person was admitted.\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Assessment warrant","content":"37 Assessment warrant\n(1) A practitioner or police officer may apply to the Tribunal for a\nwarrant to apprehend a person.\n(2) The application may be made in writing or by telephone, fax or\nother form of electronic communication.\n(3) The Tribunal may issue the warrant if satisfied:\n(a) the person may be unable to care for himself or herself; and\n(b) the person may fulfil the criteria for involuntary admission on\nthe grounds of mental illness or mental disturbance; and\n(c) all other reasonable avenues to assess the person have been\nexhausted.\n(4) The warrant remains in force for 14 days from its date of issue\nunless, in the meantime:\n(a) the Tribunal revokes the warrant; or\n(b) an assessment of the person has been conducted.\n(5) If the warrant is issued, a copy of the warrant may be sent by fax or\nemail to the applicant or anyone else who may apply for the warrant\n(the recipient).\n(6) The Tribunal must send the warrant to the recipient within 7 days\nafter the warrant is issued.\n(7) A copy of the warrant has effect as if it were the warrant.\n\nMental Health and Related Services Act 1998 34\n(8) The warrant authorises a practitioner:\n(a) to apprehend and control the person; and\n(b) to conduct an assessment of the person.\n(9) The warrant authorises a police officer:\n(a) to apprehend and control the person; and\n(b) to bring the person to a practitioner for an assessment of the\n(10) If a practitioner or police officer believes, on reasonable grounds, a\nwarrant has been issued under this section for a person, the\npractitioner or police officer may apprehend and control the person.\n(11) As soon as possible after a person is apprehended under\nsubsection (10), the practitioner or police officer:\n(a) must inform the person that the practitioner or police officer,\nas the case may be:\n(i) believes a warrant has been issued for the person under\nthis section; and\n(ii) is authorised to apprehend the person and, subject to\nverification of the warrant, make arrangements for an\nassessment of the person by a practitioner; and\n(b) must take steps to verify that a warrant has been issued for\n(c) must:\n(i) if a warrant has been issued – contact the practitioner or\npolice officer to whom the warrant was issued and make\narrangements for an assessment of the person by a\npractitioner; or\n(ii) otherwise – release the person.\n(12) For this section, the Tribunal may be constituted by:\n(a) the President; or\n(b) a Deputy President; or\n(c) a member appointed with reference to section 16(2)(a) of the\nNTCAT Act.\n\nMental Health and Related Services Act 1998 35\n(13) For subsection (8), (9) or (10), the practitioner or police officer may:\n(a) use reasonable force and assistance; and\npractitioner or police officer reasonably believes the person\nmay be found.\n(14) In this section:\nmedical practitioner or a designated mental health practitioner.\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Examination at approved treatment facility","content":"38 Examination at approved treatment facility\n(1) A person detained at an approved treatment facility under\nsection 30 or 34(3)(d) must be examined and assessed by an\nauthorised psychiatric practitioner.\n(2) Following the assessment, if the authorised psychiatric practitioner\nis satisfied the person:\n(a) fulfils the criteria for involuntary admission on the grounds of\nmental illness, the authorised psychiatric practitioner must\nadmit the person as an involuntary patient; or\n(b) fulfils the criteria for involuntary admission on the grounds of\nmental disturbance, the authorised psychiatric practitioner\nmust admit the person as an involuntary patient; or\n(c) fulfils the criteria for involuntary treatment in the community,\nthe authorised psychiatric practitioner must make an interim\ncommunity management order in relation to the person; or\n(d) does not fulfil the criteria for involuntary admission on the\ngrounds of mental illness or mental disturbance, or for\ninvoluntary treatment in the community, the authorised\npsychiatric practitioner must release the person.\n(3) An authorised psychiatric practitioner must not examine a person\nand make an assessment of the person under this section if the\nauthorised psychiatric practitioner made the recommendation for\npsychiatric examination of the person.\n\nDivision 2 Involuntary admission on grounds of mental illness\nMental Health and Related Services Act 1998 36\nDivision 2 Involuntary admission on grounds of mental\nillness\n39 Involuntary admission on grounds of mental illness\n(1) A person admitted as an involuntary patient on the grounds of\nmental illness may be detained at the approved treatment facility:\n(a) for up to 24 hours; or\n(b) if an authorised psychiatric practitioner makes the\nrecommendation for psychiatric examination of the person\nbefore the admission – for up to 14 days after the\nexamination.\n(2) An authorised psychiatric practitioner must examine a person\ndetained under subsection (1)(a).\n(3) Following the examination, if the authorised psychiatric practitioner\nis satisfied that the person:\n(a) fulfils the criteria for involuntary admission, the authorised\npsychiatric practitioner may detain the person at the approved\ntreatment facility for a further period of up to 14 days after the\nexamination; or\n(b) does not fulfil the criteria for involuntary admission, the\nauthorised psychiatric practitioner must discharge the person\nas an involuntary patient.\n(4) An authorised psychiatric practitioner must not rely exclusively on\nany other assessment that may have been made of a person when\nassessing the person under this section.\n(5) If it is not practicable for the authorised psychiatric practitioner to\nconduct a face-to-face examination under subsection (2), the\npractitioner may conduct the examination:\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"On-going examinations","content":"40 On-going examinations\n(1) An authorised psychiatric practitioner must examine a person\nadmitted as an involuntary patient not less than once every\n72 hours.\n\n","sortOrder":43},{"sectionNumber":"Div 2","sectionType":"division","heading":"Involuntary admission on grounds of mental illness","content":"Division 2 Involuntary admission on grounds of mental illness\nMental Health and Related Services Act 1998 37\n(2) A record of each examination is to be entered in the person's case\nnotes.\n(3) An authorised psychiatric practitioner must discharge the person if,\nafter examining the person, the practitioner is satisfied the person\nno longer meets the criteria for involuntary admission on the\ngrounds of mental illness.\n(4) The practitioner must discharge the person under subsection (3)\ndespite any order made for the person by the Tribunal under\nsection 122(2)(b) or 123(5)(a).\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Notification of admission on grounds of mental illness","content":"41 Notification of admission on grounds of mental illness\n(1) No later than one day after a person is detained at an approved\ntreatment facility under section 39(1)(a) or (b) or (3)(a), a\npractitioner must notify the following:\n(c) a legal practitioner acting or prepared to act for the person;\n(d) subject to subsection (2) – the person's primary carer;\n(e) if the person is detained under section 39(1)(b) or (3)(a):\n(i) the principal community visitor; and\n(ii) the Tribunal.\nsubsection (2), the practitioner must give to the Tribunal a written\nreport of the decision and the reason for it in the approved form.\n(4) A notification under subsection (1) must state:\n(a) the person is detained at the approved treatment facility\nfollowing the admission of the person as an involuntary patient\non the grounds of mental illness; and\n(b) whether the person is detained under section 39(1)(a) or (b)\nor (3)(a); and\n\nMental Health and Related Services Act 1998 38\n(c) if the person is detained under section 39(3)(a) – the person's\nright to apply to the Tribunal for a review of the decision to\ndetain the person for the further period.\n(6) A practitioner must make a record of each of the following in\n(7) In this section:\n","sortOrder":45},{"sectionNumber":"Div 3","sectionType":"division","heading":"Involuntary admission on grounds of mental","content":"Division 3 Involuntary admission on grounds of mental\ndisturbance\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Detention following involuntary admission on grounds of","content":"42 Detention following involuntary admission on grounds of\nmental disturbance\n(1) A person admitted to an approved treatment facility as an\ninvoluntary patient on the grounds of mental disturbance may be\ndetained for up to 72 hours on those grounds.\n(2) The person may be detained for a further period of up to 7 days if,\nafter examining the person, 2 authorised psychiatric practitioners\nare satisfied:\n(a) if the person is released and does not receive treatment or\ncare under this Act, the person:\nand\n(b) the person is not capable of giving informed consent to the\ntreatment or care or has unreasonably refused to consent to\nthe treatment or care; and\n\nMental Health and Related Services Act 1998 39\n(c) there is not a less restrictive way of ensuring the person\nreceives the treatment or care.\nNote for subsections (1) and (2)\nBefore the expiry of the period mentioned in subsection (1) or (2), any of the\nfollowing may occur:\n(a) the person may be admitted as a voluntary patient under Part 5;\n(b) following an examination under section 44(1) or a review of the person's\nadmission under section 123:\n(i) the person may be admitted as an involuntary patient on the grounds\nof mental illness; or\n(ii) an interim community management order may be made for the person;\nor\n(iii) the person may be released.\n(3) For subsection (2), the examination by the 2 practitioners may\nconsist of an examination conducted under section 44(1)(a) and a\nseparate examination conducted by another practitioner.\n(4) If it is not practicable for a practitioner to conduct a face-to-face\nexamination for subsection (2), the practitioner may conduct the\nexamination:\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Notification of admission on grounds of mental disturbance","content":"43 Notification of admission on grounds of mental disturbance\n(1) No later than one day after a person is detained at an approved\ntreatment facility under section 42(1) or (2), a practitioner must\nnotify the following:\n(c) a legal practitioner acting or prepared to act for the person;\n(d) subject to subsection (2) – the person's primary carer;\n(e) if the person is detained under section 42(2):\n(i) the principal community visitor; and\n(ii) the Tribunal.\n\nMental Health and Related Services Act 1998 40\nsubsection (2), the practitioner must give to the Tribunal a written\nreport of the decision and the reason for it in the approved form.\n(4) A notification under subsection (1) must state:\n(a) the person is detained at the approved treatment facility\nfollowing the admission of the person as an involuntary patient\non the grounds of mental disturbance; and\n(b) whether the person is detained under section 42(1) or (2); and\n(c) if the person is detained under section 42(2) – the person's\nright to apply to the Tribunal for a review of the decision to\ndetain the person for the further period.\n(6) A practitioner must make a record of each of the following in\n(7) In this section:\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Review of admission","content":"44 Review of admission\n(1) An authorised psychiatric practitioner must examine a person\nadmitted as an involuntary patient on the grounds of mental\ndisturbance:\n(a) not less than once every 24 hours, if the person is detained\nunder section 42(1); or\n(b) not less than once every 72 hours, if the person is detained\nunder section 42(2) or 123(5)(b).\n\nMental Health and Related Services Act 1998 41\n(2) Following the examination, if the authorised psychiatric practitioner\nis satisfied that the person:\n(a) fulfils the criteria for involuntary admission on the grounds of\nmental illness, the authorised psychiatric practitioner must\nadmit the person as an involuntary patient on those grounds;\nor\n(b) fulfils the criteria for involuntary admission on the grounds of\ncomplex cognitive impairment, the authorised psychiatric\npractitioner must:\n(i) continue to detain the person under section 42(1); and\n(ii) notify an authorised officer within one day after the\nexamination; or\n(c) fulfils the criteria for involuntary treatment in the community,\nthe authorised psychiatric practitioner must make an interim\ncommunity management order in relation to the person; or\n(d) does not fulfil the criteria for involuntary admission on the\ngrounds of mental illness or mental disturbance, or for\ninvoluntary treatment in the community, the authorised\npsychiatric practitioner must release the person.\nNote for subsection (2)(b)\nUnder Part 6, Division 4, an application may be made by an authorised\npsychiatric practitioner and authorised officer for involuntary admission on the\ngrounds of complex cognitive impairment.\n(2A) Following an examination under subsection (1)(a), if the authorised\npsychiatric practitioner is satisfied the person fulfils the criteria for\ninvoluntary admission on the grounds of mental disturbance, the\npractitioner must continue to detain the person under section 42(1).\n(2B) Following an examination under subsection (1)(b), if the authorised\npsychiatric practitioner is satisfied section 42(2)(a) to (c) applies to\nthe person, the practitioner must continue to detain the person\nunder section 42(2).\n(3) An authorised psychiatric practitioner who took an action under\nsubsection (2), (2A) or (2B) must make a note in the person's case\nnotes of the reason for taking the action.\n\nMental Health and Related Services Act 1998 42\n(4) If an authorised psychiatric practitioner considers a person to be\nreleased under subsection (2)(d) may cause serious harm to\nsomeone else on release, the practitioner must, at least 12 hours\nbefore the person's release, notify:\n(a) the Commissioner of Police or a police officer nominated by\nthe Commissioner for this subsection; and\n(b) if practicable – the persons who may be in danger.\n","sortOrder":49},{"sectionNumber":"Div 4","sectionType":"division","heading":"Involuntary admission on grounds of complex","content":"Division 4 Involuntary admission on grounds of complex\ncognitive impairment\n","sortOrder":50},{"sectionNumber":"44A","sectionType":"section","heading":"Meaning of treatment management plan","content":"44A Meaning of treatment management plan\n(1) A treatment management plan for a person is a document\nprepared by an authorised psychiatric practitioner and authorised\nofficer stating the following:\n(a) the person's name and residential address (if any);\n(b) the complex cognitive impairment the person has;\n(c) details of the proposed assessment of the person sought to be\nundertaken;\n(d) the approved treatment facility where the assessment is to be\nundertaken and entities involved in the assessment;\n(e) the approved treatment facility and entities involved in\nimplementing the plan, including those treating or caring for\nthe person under the plan;\n(f) the proposed or expected medication or treatment and care\nthe person is to receive under the plan;\nreceive under the plan, including arrangements for the\nperson's support and supervision at the end of the person's\nadmission;\n(h) other matters the authorised psychiatric practitioner and\nauthorised officer consider appropriate.\n(2) In this section:\nentities includes the Agency and units of the Agency.\n\nMental Health and Related Services Act 1998 43\n","sortOrder":51},{"sectionNumber":"44B","sectionType":"section","heading":"Application of Subdivision","content":"44B Application of Subdivision\nThis Subdivision applies if an authorised psychiatric practitioner and\nauthorised officer form the opinion a person fulfils the criteria for\ninvoluntary admission on the grounds of complex cognitive\nimpairment.\n","sortOrder":52},{"sectionNumber":"44C","sectionType":"section","heading":"Application for order for involuntary admission","content":"44C Application for order for involuntary admission\n(1) As soon as practicable after forming the opinion, the authorised\npsychiatric practitioner and authorised officer must apply for a\nTribunal order for the person's involuntary admission and detention\non the grounds of complex cognitive impairment.\n(2) However, if the person is an involuntary patient admitted on the\ngrounds of mental disturbance (an existing involuntary patient),\nthe application must be made before the date the Tribunal is\nrequired to review the patient's admission on those grounds (the\nreview date).\n(3) The application must:\n(a) be made in the approved form; and\n(b) unless the person is an existing involuntary patient, be\naccompanied by a treatment management plan for the person\nprepared by the applicants.\n(4) If the person is an existing involuntary patient:\n(a) the applicants must, before the hearing, prepare and lodge\nwith the Tribunal a treatment management plan for the person;\nand\n(b) the Tribunal must hear the application on or before the review\ndate.\nNote for section 44C\nPractice directions issued by the President under section 139 of the NTCAT Act\napply to the lodgement of the treatment management plan. In addition, the\napproved procedures may make further provision in relation to the application\nprocess.\n\nMental Health and Related Services Act 1998 44\n","sortOrder":53},{"sectionNumber":"44D","sectionType":"section","heading":"Notice of application","content":"44D Notice of application\n(1) Within one day after making the application the applicants must\ngive written notice of it in the approved form to the following\npersons:\n(a) the person for whom the order is sought;\n(b) if the person has a guardian – the guardian;\n(c) a primary carer of the person;\n(d) a legal practitioner acting or prepared to act for the person;\n(e) the principal community visitor.\n(2) However, the applicants need not give notice to a primary carer of\nthe person if they:\n(a) are satisfied it is not in the person's best interests to do so;\nand\n(b) specify the reasons for not doing so in the application.\n","sortOrder":54},{"sectionNumber":"44E","sectionType":"section","heading":"Decision on application","content":"44E Decision on application\n(1) If, on hearing the application, the Tribunal decides the person fulfils\nthe criteria for involuntary admission on the grounds of complex\ncognitive impairment, the Tribunal must order:\n(a) the person be admitted to, and detained in, an approved\ntreatment facility as an involuntary patient on those grounds;\nand\n(b) the treatment management plan for the person (as prepared\nby the applicants or as modified by the Tribunal in the way it\nconsiders appropriate) be implemented.\n(2) Otherwise, the Tribunal must dismiss the application.\n(3) If:\n(a) the person is an existing involuntary patient; and\n(b) the Tribunal dismisses the application; and\n(c) the Tribunal does not order the person be detained as an\ninvoluntary patient on the grounds of mental illness or mental\ndisturbance;\n\nMental Health and Related Services Act 1998 45\nthe person-in-charge of the approved treatment facility where the\nperson is detained must discharge the person from the facility as\nsoon as practicable, but not later than 48 hours, after the\napplication is dismissed.\nNote for section 44E\nPart 15, Division 3 deals with the hearing procedures for the application. In\naddition, practice directions issued by the President under section 139 of the\nNTCAT Act apply to the application.\n","sortOrder":55},{"sectionNumber":"44F","sectionType":"section","heading":"Content of order","content":"44F Content of order\n(1) The Tribunal order for the person's admission and detention as an\ninvoluntary patient on the grounds of complex cognitive impairment\nmust state:\n(a) the date for review of the order; and\n(b) if the person is not an existing involuntary patient – the date by\nwhich the person is to be admitted to an approved treatment\nPart 15, Division 2 deals with the Tribunal's review of the order. Under\nsection 123(5)(ba), the Tribunal may order that the person continue to be\ndetained as an involuntary patient on the grounds of complex cognitive\nimpairment for not longer than 14 days.\n(2) Also, the order may provide for the person's transport to the\napproved treatment facility, including, for example:\n(a) who is to be responsible for transporting the person to the\ntreatment facility; and\n(b) the time within which the person is to be transported to the\n(3) The person specified in the order as responsible for transporting the\nperson to the approved treatment facility may use reasonable force\nand assistance to do so, including, for example, assistance by a\npolice officer.\n(4) In addition, the order may provide for other matters the Tribunal\nconsiders appropriate.\n(5) The order ceases to have effect 14 days after the person's\nadmission to an approved treatment facility.\n\nMental Health and Related Services Act 1998 46\n","sortOrder":56},{"sectionNumber":"44G","sectionType":"section","heading":"Regular examinations","content":"44G Regular examinations\nAn authorised psychiatric practitioner must examine the person not\nless than once every 72 hours after the Tribunal makes the order\nfor the person's admission and detention on the grounds of complex\ncognitive impairment.\n","sortOrder":57},{"sectionNumber":"44H","sectionType":"section","heading":"Discharge","content":"44H Discharge\n(1) The person-in-charge of the approved treatment facility where the\nperson is detained under the Tribunal order as an involuntary\npatient must discharge the person from the facility on the earliest of\nthe following:\n(a) the date specified for discharge in the person's treatment\nmanagement plan prepared for the application for an order\nunder this Subdivision;\n(b) the date an authorised psychiatric practitioner and authorised\nofficer form the opinion the person no longer satisfies the\ncriteria for involuntary admission on the grounds of complex\ncognitive impairment;\n(c) the date the order ceases to have effect.\n(2) However, subsection (1) applies subject to Divisions 2 and 3.\nNote for subsection (2)\nThe person may be admitted as an involuntary patient on the grounds of mental\nillness or mental disturbance under Division 2 or 3.\n","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Interim community management order","content":"45 Interim community management order\n(1) An authorised psychiatric practitioner may make an interim\ncommunity management order in respect of a person where the\nauthorised psychiatric practitioner is satisfied that the person fulfils\nthe criteria for involuntary treatment or care in the community.\n(2) An authorised psychiatric practitioner must not make an interim\ncommunity management order unless:\n(a) the person-in-charge of an approved treatment agency agrees\nthat the treatment proposed for the person is appropriate and\nable to be implemented by the agency; and\n\nMental Health and Related Services Act 1998 47\n(b) where the person is a prisoner, the Commissioner of\nCorrectional Services agrees that the treatment proposed for\nthe person is able to be implemented in the custodial\ncorrectional facility where the person is in custody.\n(3) Subject to this Part, an interim community management order\nremains in force for 14 days.\n(4) Treatment must not be administered under an interim community\nmanagement order except for the following purposes:\nherself or to someone else;\nharm to the person or to someone else;\n(5) Treatment must not be administered under an interim community\nmanagement order unless it is authorised by an authorised\n","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Form of interim community management order","content":"46 Form of interim community management order\nAn interim community management order must be in the approved\nform and must specify the following:\n(a) the name and residential address of the person to whom it\nrelates;\n(b) the name of the approved treatment agency that is to\nsupervise and review the community management order;\n(c) the name of the approved treatment agency that is to\nimplement the community management order;\n(d) the organisations or persons (other than the approved\ntreatment agency) treating or caring for the person under the\n(da) whether or not the treatment and care is to occur at the\nperson's residence;\n(db) if the treatment and care is not to occur at the person's\nresidence – the place the person must attend to receive the\ntreatment or care;\n\nMental Health and Related Services Act 1998 48\n(e) the frequency at which a person treating or caring for the\nperson must attend the person's residence or at which the\nperson must attend the place specified under paragraph (db);\n(f) the medication or treatment the person is to receive under the\nreceive under the community management order;\n(h) any other information that the authorised psychiatric\npractitioner thinks fit.\n","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Notification of interim community management order","content":"47 Notification of interim community management order\n(1) No later than one day after making an interim community\nmanagement order for a person under section 45(1), an authorised\npsychiatric practitioner must:\n(a) notify the Tribunal that the order has been made; and\n(b) notify the following:\n(iii) a legal practitioner acting or prepared to act for the\n(iv) subject to subsection (2) – the person's primary carer;\n(v) the principal community visitor.\nsubsection (2), the practitioner must:\n(b) inform the primary carer of his or her right to apply to the\n\nMental Health and Related Services Act 1998 49\n(4) A notification under subsection (1)(b) must state:\n(a) the grounds for the order; and\n(b) the order has been made under section 45(1).\n(6) The practitioner must make a record of each of the following in\n","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Community management order","content":"48 Community management order\nThe Tribunal must review an interim community management order\nas soon as practicable after being notified that it has been made\nand may, in accordance with section 123, make a community\nmanagement order under that section.\n","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Form of community management order","content":"49 Form of community management order\nA community management order must be in writing and must\nspecify the following:\n(a) the name and residential address of the person to whom it\nrelates;\n(b) the name of the approved treatment agency that is to\nsupervise and review the community management order;\n(c) the name of the approved treatment agency that is to\nimplement the community management order;\n(d) the organisations or persons (other than the approved\ntreatment agency) treating or caring for the person under the\n(da) whether or not the treatment and care is to occur at the\nperson's residence;\n(db) if the treatment and care is not to occur at the person's\nresidence – the place the person must attend to receive the\ntreatment or care;\n\nMental Health and Related Services Act 1998 50\n(e) the frequency at which a person treating or caring for the\nperson must attend the person's residence or at which the\nperson must attend the place specified under paragraph (db);\n(f) the medication or treatment the person is to receive under the\nreceive under the community management order;\n(h) any other information that the Tribunal thinks fit.\n","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Review of community management order by authorised","content":"50 Review of community management order by authorised\npsychiatric practitioner\n(1) An authorised psychiatric practitioner must:\n(a) examine a person who is subject to a community management\norder no less frequently than as specified in the order; and\n(b) regularly review the order while it is in force.\n(2) If it is not practicable for the practitioner to conduct a face-to-face\nexamination under subsection (1)(a), the practitioner may conduct\nthe examination:\n(3) An authorised psychiatric practitioner must revoke the order if\nsatisfied, after examining the person, the person no longer fulfils the\ncriteria for involuntary treatment or care in the community.\n(4) An authorised psychiatric practitioner may apply to the Tribunal for\na review of the order under section 123.\n","sortOrder":64},{"sectionNumber":"50A","sectionType":"section","heading":"Notification of revocation of community management order","content":"50A Notification of revocation of community management order\n(1) No later than one day after revoking a community management\norder for a person under section 50(3), an authorised psychiatric\npractitioner must:\n(a) notify the Tribunal that the order has been revoked; and\n(b) notify the following:\n\nMental Health and Related Services Act 1998 51\n(iii) a legal practitioner acting or prepared to act for the\n(iv) subject to subsection (2) – the person's primary carer;\n(v) the principal community visitor.\nsubsection (2), the practitioner must:\n(b) inform the primary carer of his or her right to apply to the\n(4) A notification under subsection (1)(b) must state the order has been\nrevoked under section 50(3).\n(6) The practitioner must make a record of each of the following in\n","sortOrder":65},{"sectionNumber":"51","sectionType":"section","heading":"Appointment of psychiatric case manager","content":"51 Appointment of psychiatric case manager\n(1) The authorised psychiatric practitioner who is responsible under\nsection 50(1)(b) for reviewing a community management order\nmust appoint a psychiatric case manager for the person for whom\nthe order is made.\n(2) The person appointed must be:\n(a) a medical practitioner or a designated mental health\npractitioner who is:\n(i) an employee of the approved treatment agency\nsupervising the order; or\n\nMental Health and Related Services Act 1998 52\n(ii) if it is not practicable to appoint an employee of the\napproved treatment agency – an employee of the\nAgency; or\n(b) if it is not practicable to appoint a practitioner mentioned in\nparagraph (a) – any other medical practitioner.\n(3) However, a practitioner must not be appointed to be a psychiatric\ncase manager under subsection (2)(a)(ii) or (b) unless:\n(a) the practitioner consents to the appointment; and\n(b) the appointment complies with approved procedures.\n(4) The psychiatric case manager must:\n(a) monitor the progress of the treatment, care and rehabilitation\nof the person for whom the order is made; and\n(b) provide a report, orally or in writing, on the progress of the\nperson to the authorised psychiatric practitioner at least once\nevery 6 weeks.\n","sortOrder":66},{"sectionNumber":"52","sectionType":"section","heading":"Discharge report and consideration of report by Tribunal","content":"52 Discharge report and consideration of report by Tribunal\n(1) An authorised psychiatric practitioner must make a written report to\nthe Tribunal as to the efficacy, appropriateness and effectiveness of\na community management order as soon as practicable after it\nexpires or is revoked.\n(2) The Tribunal must consider a report submitted under subsection (1)\nin its deliberations regarding any other applications to place the\nperson on a community management order.\n","sortOrder":67},{"sectionNumber":"53","sectionType":"section","heading":"Suspension of community management order","content":"53 Suspension of community management order\n(1) An authorised psychiatric practitioner may suspend a community\nmanagement order where the authorised psychiatric practitioner\nand the psychiatric case manager are satisfied that the person who\nis subject to the order has failed to comply with the order.\n(2) In determining whether to suspend a community management\norder, the authorised psychiatric practitioner and psychiatric case\nmanager are to be satisfied that:\n(a) all reasonable steps have been taken to implement the order\nand to obtain the person's co-operation; and\n\nMental Health and Related Services Act 1998 53\n(b) because of the person's failure to comply with the order, the\nperson is likely to:\n(i) cause serious harm to himself or herself or to someone\nelse; or\n(ii) suffer serious mental or physical deterioration.\n(3) The practitioner who suspends the community management order\nunder subsection (1) must take reasonable steps:\n(a) to inform the following that the order has been suspended and\nthe reasons for the suspension:\n(ii) the person's adult guardian or representative; and\n(b) to conduct an assessment of the person.\n(4) If it is not practicable for the practitioner to conduct a face-to-face\nassessment under subsection (3)(b), the practitioner may conduct\nthe assessment:\n(b) if an assessment through interactive video conferencing is not\npracticable – by telephone; or\n(c) if an assessment through interactive video conferencing or\ntelephone is not practicable – on the basis of:\n(i) information provided to the practitioner by the person's\npsychiatric case manager; or\n(ii) if the case manager is unable to provide relevant\ninformation – any other relevant information.\n(5) After conducting the assessment, the practitioner may:\n(a) admit the person to an approved treatment facility as an\ninvoluntary patient; or\n(b) treat the person and re-activate the community management\norder.\n\nMental Health and Related Services Act 1998 54\n(6) If the practitioner does not re-activate the community management\norder within 24 hours after it was suspended, the practitioner must\ngive to the Tribunal a written report of the suspension and the\nreasons for the suspension in the approved form.\n(7) The community management order is taken to be re-activated if the\nperson is discharged from the approved treatment facility after\nbeing admitted under subsection (5)(a), unless the Tribunal has:\n(a) varied the order under section 123(12); or\n(b) made a new community management order for the person\nunder section 123(5)(c).\n(8) For an admission of a person under subsection (5)(a), section 34(3)\nand (4) has effect as if a recommendation for psychiatric\nexamination had been made under section 34(1) for the person.\n(9) In this section:\nre-activate, for the community management order, means to bring\nthe order back into force by revoking the suspension of the order.\n","sortOrder":68},{"sectionNumber":"54","sectionType":"section","heading":"Treatment after voluntary admission","content":"54 Treatment after voluntary admission\n(1) A person who is admitted to an approved treatment facility as a\nvoluntary patient may only be treated under this Act if the person\ngives informed consent to the treatment.\n(4) An authorised psychiatric practitioner who is not able to form a view\nas to whether a person is capable of giving informed consent to\ntreatment must apply to the Tribunal for it to determine the person's\ncapacity.\n(5) Treatment must not be administered to the person while the\ndecision of the Tribunal is pending except for treatment necessary:\nherself or to someone else; or\n\nMental Health and Related Services Act 1998 55\n(6) Treatment is not to be administered under subsection (5) unless it\nis authorised by an authorised psychiatric practitioner.\n(7) A report of treatment administered under subsection (5) must be\nmade to the Tribunal at intervals determined by the Tribunal.\n","sortOrder":69},{"sectionNumber":"55","sectionType":"section","heading":"Treatment after involuntary admission","content":"55 Treatment after involuntary admission\n(1) Subject to subsection (2), treatment under this Act must not be\nadministered to a person who is admitted to an approved treatment\nfacility as an involuntary patient unless it is authorised by the\n(2) Treatment not authorised by the Tribunal must not be administered\nto the person except for treatment necessary:\nherself or to someone else; or\n(3) Treatment is not to be administered under subsection (2) unless it\nis authorised by an authorised psychiatric practitioner.\n(4) When administering treatment to a person who is an involuntary\npatient, every practicable effort must be made to involve the person\nin considering the nature and effect of the treatment and any\nalternatives that are reasonably available.\n","sortOrder":70},{"sectionNumber":"56","sectionType":"section","heading":"Factors to be considered before treatment is authorised","content":"56 Factors to be considered before treatment is authorised\nIn determining whether to authorise treatment under this Act, the\nTribunal or authorised psychiatric practitioner must be satisfied that:\n(a) the treatment is in the best interest of the person; and\n(b) the anticipated benefits of the treatment outweigh any risk of\nharm or discomfort to the person; and\n\nMental Health and Related Services Act 1998 56\n(c) alternative treatments that would be likely to produce\nequivalent benefits and with less risk of harm are not\nreasonably available; and\n(d) the treatment represents the least restrictive and least\nintrusive treatment option reasonably available.\n","sortOrder":71},{"sectionNumber":"57","sectionType":"section","heading":"Records of treatment to be maintained","content":"57 Records of treatment to be maintained\nDetails of all episodes of treatment administered to a person under\nthis Act, and whether the treatment was administered with or\nwithout the person's consent, are to be recorded in the person's\nmedical records.\n","sortOrder":72},{"sectionNumber":"58","sectionType":"section","heading":"Psychosurgery","content":"58 Psychosurgery\nbehaviour does not include behaviour that is secondary to a\nparoxysmal cerebral dysrhythmia.\npsychosurgery means:\n(a) the use of a technique or procedure (including a surgical\ntechnique or procedure), or of intracerebral electrodes, to\ncreate in a person's brain a lesion that, by itself or together\nwith any other lesion created at the same time or any other\ntime, is intended to permanently alter the thoughts, emotions\nor behaviour of the person; or\n(b) the use of intracerebral electrodes to stimulate a person's\nbrain, without creating a lesion, with the intent that, by itself or\ntogether with any other stimulation at the same time or any\nother time, the stimulation will, temporarily, influence or alter\nthe thoughts, emotions or behaviour of the person.\n(2) A person must not perform psychosurgery on another person.\n","sortOrder":73},{"sectionNumber":"59","sectionType":"section","heading":"Coma therapy","content":"59 Coma therapy\nA person must not administer to, or perform on, another person:\n(a) deep sleep therapy; or\n\nMental Health and Related Services Act 1998 57\n(b) insulin coma or sub-coma therapy.\n","sortOrder":74},{"sectionNumber":"60","sectionType":"section","heading":"Sterilisation","content":"60 Sterilisation\nA person must not perform on another person, as a treatment for\nmental illness, mental disturbance or complex cognitive impairment,\na treatment that is intended to render the other person permanently\ninfertile.\n","sortOrder":75},{"sectionNumber":"61","sectionType":"section","heading":"Mechanical restraint","content":"61 Mechanical restraint\nmechanical restraint means the application of a device (including\na belt, harness, manacle, sheet and strap) on a patient's body to\nrestrict the patient's movement, but does not include the use of\nfurniture (including a bed with sides and a chair with a table fitted\non its arms) that restricts the patient's capacity to get off the\nfurniture.\npatient means a person who is being assessed or receiving\n(2) A person must not apply mechanical restraint to a patient.\n(2A) Subsection (2) does not apply if the mechanical restraint is applied\nin accordance with this section.\n(3) Mechanical restraint of a patient in an approved treatment facility\nmay only be applied where no other less restrictive method of\ncontrol is applicable or appropriate and it is necessary for one or\nmore of the following:\n(a) for the purpose of medical treatment of the patient;\n(b) to prevent the patient from causing injury to himself or herself\nor any other person;\n(c) to prevent the patient from persistently destroying property;\n(d) to prevent the patient from absconding from the facility.\n\nMental Health and Related Services Act 1998 58\n(4) Mechanical restraint of a patient must not be applied unless it is\napproved:\n(a) by an authorised psychiatric practitioner; or\n(b) in the case of an emergency, by the senior registered nurse\non duty.\n(5) The senior registered nurse on duty must notify the\nperson-in-charge of the approved treatment facility and an\nauthorised psychiatric practitioner as soon as practicable after\napproving the mechanical restraint of a patient.\n(6) The form of mechanical restraint and its duration must be:\n(a) determined by the authorised psychiatric practitioner or senior\nregistered nurse who approves it; and\n(b) if the mechanical restraint has been approved by the senior\nregistered nurse on duty – reviewed and, if necessary,\nre-determined by an authorised psychiatric practitioner as\nsoon as practicable after it has been approved.\n(7) Mechanical restraint may be applied to a patient without the\npatient's consent.\n(8) A patient to whom mechanical restraint is applied:\n(a) must be kept under continuous observation by a registered\nnurse or medical practitioner; and\n(b) must be reviewed, as clinically appropriate to his or her\ncondition, by a registered nurse at intervals not longer than\n15 minutes; and\n(c) must be examined by a medical practitioner at intervals not\nlonger than 4 hours; and\n(e) must be supplied with bedding and clothing that is appropriate\nin the circumstances; and\n(f) must be provided with food and drink at appropriate times; and\n(g) must have access to adequate toilet facilities; and\n(h) must be provided with any other psychological and physical\ncare appropriate to the patient's needs.\n\nMental Health and Related Services Act 1998 59\n(10) Mechanical restraint must not be applied to a patient who is\nadmitted as a voluntary patient for longer than a continuous period\nof 6 hours.\n(11) If a medical practitioner, senior registered nurse on duty or an\nauthorised psychiatric practitioner is satisfied, having regard to the\ncriteria specified in subsection (3), that the continued application of\nmechanical restraint to a patient is not necessary, he or she must,\nwithout delay, release the patient from the restraint.\n(12) The person-in-charge of an approved treatment facility must ensure\nthat a record is kept of:\n(a) the form of mechanical restraint applied; and\n(b) the reasons why mechanical restraint was applied; and\n(c) the name of the person who approved the mechanical\nrestraint being applied; and\n(d) the name of the person who applied the mechanical restraint;\nand\n(e) the period of time the mechanical restraint was applied.\n(13) The person-in-charge of an approved treatment facility must ensure\nthat a copy of the record kept under subsection (12) is placed on\nthe patient's medical records.\n(14) The principal community visitor must ensure that the record kept\nunder subsection (12) is inspected by a community visitor at\nintervals not longer than 6 months.\n(15) If a patient to whom mechanical restraint has been applied has an\nadult guardian or decision maker, the person-in-charge of the\napproved treatment facility must ensure that the adult guardian or\ndecision maker notified of the following as soon as practicable after\nthe application of the restraint:\n(a) that mechanical restraint was applied to the patient;\n(b) the form of mechanical restraint applied;\n(c) the reasons why mechanical restraint was applied;\n(d) the period of time the mechanical restraint was applied.\n\nMental Health and Related Services Act 1998 60\n","sortOrder":76},{"sectionNumber":"62","sectionType":"section","heading":"Seclusion of patients","content":"62 Seclusion of patients\n(1) A person must not keep a patient in seclusion.\n(2) Subsection (1) does not apply if the patient is kept in seclusion:\n(a) in accordance with this section; and\n(b) approved procedures.\n(3) A patient may be kept in seclusion in an approved treatment facility\nwhere no other less restrictive method of control is applicable or\nappropriate and it is necessary for one or more of the following:\n(a) for the purpose of the medical treatment of the patient;\n(b) to prevent the patient from causing injury to himself or herself\nor any other person;\n(c) to prevent the patient from persistently destroying property;\n(d) to prevent the patient from absconding from the facility.\n(4) A patient may be kept in seclusion only where it is approved:\n(a) by an authorised psychiatric practitioner; or\n(b) in the case of an emergency, by the senior registered nurse\non duty.\n(5) The senior registered nurse on duty must notify an authorised\npsychiatric practitioner as soon as practicable after approving a\npatient being kept in seclusion.\n(6) The period the patient is to be kept in seclusion must be:\n(a) determined and noted in the patient's case notes by the\nauthorised psychiatric practitioner or senior registered nurse\nwho approves it; and\n(b) if the seclusion has been approved by the senior registered\nnurse on duty:\n(i) reviewed by an authorised psychiatric practitioner as\nsoon as practicable after it has been approved; and\n(ii) if necessary, re-determined by the practitioner and noted\nin the patient's case notes.\n\nMental Health and Related Services Act 1998 61\n(7) A patient may be kept in seclusion without his or her consent.\n(8) A patient kept in seclusion:\n(a) must be visited by a registered nurse at intervals not longer\nthan 15 minutes;\n(b) must be examined by a medical practitioner at intervals\nspecified in approved procedures;\n(c) must be reviewed by an authorised psychiatric practitioner in\naccordance with approved procedures;\n(d) must be supplied with bedding and clothing that is appropriate\nin the circumstances;\n(e) must be provided with food and drink at appropriate times;\n(f) must have access to adequate toilet facilities; and\n(g) must be provided with any other psychological and physical\ncare appropriate to the patient's needs.\n(10) A patient admitted as a voluntary patient must not be kept in\nseclusion for longer than a continuous period of 6 hours.\n(11) If a medical practitioner, senior registered nurse on duty or an\nauthorised psychiatric practitioner is satisfied, having regard to the\ncriteria specified in subsection (3), that it is not necessary to\ncontinue to keep the patient in seclusion, he or she must without\ndelay release the patient from seclusion.\n(12) The person-in-charge of an approved treatment facility must ensure\nthat a record is kept of:\n(a) the reasons why a patient was kept in seclusion; and\n(b) the name of the person who approved the patient being kept\nin seclusion; and\n(c) the name of the person who kept the patient in seclusion; and\n(d) the length of time the patient was kept in seclusion.\n(13) The person-in-charge of an approved treatment facility must ensure\nthat a copy of the record kept under subsection (12) is placed on\nthe patient's medical records.\n(14) The principal community visitor must ensure that a record kept\nunder subsection (12) is inspected by a community visitor at\nintervals not longer than 6 months.\n\nMental Health and Related Services Act 1998 62\n(15) If a patient who is kept in seclusion has an adult guardian or\ndecision maker, the person-in-charge of the approved treatment\nfacility must ensure that the adult guardian or decision maker is\nnotified of the following as soon as practicable after the seclusion:\n(a) that the patient was kept in seclusion;\n(b) the reasons why the patient was kept in seclusion;\n(c) the length of time the patient was kept in seclusion.\n(16) In this section:\npatient means a person who is being assessed or receiving\nseclusion, of a patient, means the confinement of the patient at\nany time of the day or night alone in a room or area from which free\nexit is prevented.\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Non-psychiatric treatment","content":"63 Non-psychiatric treatment\nnon-psychiatric treatment means any of the following treatment if\nits primary purpose is not directed at treating a mental illness,\nmental disturbance or complex cognitive impairment or its effects:\n(a) a surgical operation or procedure or a series of related\nsurgical operations or procedures;\n(b) the administration of an anaesthetic for the purposes of\nmedical investigation;\n(c) the administration of a course of treatment or medication\nrequiring a prescription or medical supervision.\n(2) A person must not perform non-psychiatric treatment on another\nperson who is:\n(a) an involuntary patient or subject to a community management\norder; and\n(b) being assessed or receiving treatment under this Act.\n(2A) Subsection (2) does not apply if the treatment is performed in\naccordance with this section.\n\nMental Health and Related Services Act 1998 63\n(3) Non-psychiatric treatment must not be performed unless:\n(a) the informed consent of the person is obtained; or\n(b) the treatment is approved by the Tribunal or an authorised\npsychiatric practitioner as determined under subsection (7); or\n(c) informed consent for the treatment is obtained in accordance\nwith the Health Care Decision Making Act 2023.\n(4) Non-psychiatric treatment may be performed without being\napproved under subsection (3)(b) or the consent being obtained\nunder subsection (3)(c) where it is immediately necessary for any of\nthe following:\n(a) to save the life of the person or to prevent irreparable harm to\nthe person;\n(b) to remove a threat of permanent disability to the person;\n(c) to remove a life threatening risk to, or to relieve acute pain of,\nthe person.\n(5) A person who performs non-psychiatric treatment without it being\napproved under subsection (3)(b) must report the fact to the\nTribunal as soon as possible after the treatment is performed.\n(6) A person who performs non-psychiatric treatment on a person\nwithout informed consent under subsection (3)(c) must report the\nfact as soon as possible after the treatment is performed to the\nperson who should have given informed consent in accordance with\nthe Health Care Decision Making Act 2023.\n(7) The Tribunal may determine which non-psychiatric treatment\nrequires the approval of the Tribunal and that which may be\napproved by an authorised psychiatric practitioner.\n(8) The purpose of this section is to protect the interests of a person by\nensuring the person is not unnecessarily subjected to certain\nmedical procedures.\n","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Major medical procedure","content":"64 Major medical procedure\n(1) A person must not perform a major medical procedure on a person\nwho is an involuntary patient or subject to a community\nmanagement order.\n\nMental Health and Related Services Act 1998 64\n(1A) Subsection (1) does not apply if the procedure is performed in\naccordance with this section.\n(2) Subject to subsection (3), a major medical procedure must not be\nperformed on a person unless:\n(a) it is approved by the Tribunal; or\n(b) informed consent for the major medical procedure is obtained\nin accordance with the Health Care Decision Making Act 2023.\n(3) An authorised psychiatric practitioner may authorise the\nperformance of a major medical procedure on a person where it is\nimmediately necessary:\n(a) to save the life of the person; or\n(b) to prevent irreparable harm to the person.\n(4) No later than 1 day after authorising the performance of a major\nmedical procedure under subsection (3), the authorised psychiatric\npractitioner must notify the person who should have given informed\nconsent in accordance with the Health Care Decision Making\nAct 2023.\n(5) The Chief Health Officer is, from time to time, to specify those\nmedical procedures that are major medical procedures for the\npurposes of this section.\n(6) The purpose of this section is to protect the interests of a person by\nensuring the person is not unnecessarily subjected to certain\nmedical procedures.\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Clinical trials and experimental treatments","content":"65 Clinical trials and experimental treatments\nA person must not perform a clinical trial or experimental treatment\non a person who is an involuntary patient or subject to a community\nmanagement order unless:\n(a) the trial or treatment is approved by an ethics committee\nnominated by the Chief Health Officer; and\n(b) either:\n(i) the person, or a decision maker for the person, gives\ninformed consent to the trial or treatment; or\n(ii) the Tribunal gives approval to the trial or treatment.\n\nMental Health and Related Services Act 1998 65\n","sortOrder":80},{"sectionNumber":"66","sectionType":"section","heading":"Electroconvulsive therapy","content":"66 Electroconvulsive therapy\n(1) A person must not perform electroconvulsive therapy on another\nperson unless the other person gives informed consent to the\ntreatment.\n(1A) Subsection (1) does not apply if the treatment is performed in\naccordance with this section and approved procedures.\n(2) The Tribunal may authorise electroconvulsive therapy to be\nperformed on a person if it:\n(a) is satisfied that the person is unable to give informed consent\nto the treatment; and\n(b) receives a report from 2 authorised psychiatric practitioners\nthat they are satisfied, after considering the person's clinical\ncondition, history of treatment and other appropriate\nalternative treatments, that electroconvulsive therapy is a\nreasonable and proper treatment to be administered and that\nwithout the treatment the person is likely to suffer serious\nmental or physical deterioration; and\n(c) is satisfied that:\n(i) all reasonable efforts have been made to consult the\nperson's primary carer; or\n(ii) there is a valid reason for not complying with\nsubparagraph (i).\n(3) Electroconvulsive therapy may be performed on a person who is an\ninvoluntary patient where 2 authorised psychiatric practitioners are\nsatisfied that it is immediately necessary:\n(a) to save the person's life; or\n(b) to prevent the person suffering serious mental or physical\ndeterioration; or\n(c) to relieve severe distress.\n(4) Where electroconvulsive therapy is performed under subsection (3),\nthe authorised psychiatric practitioners must make a report to the\nTribunal of the therapy performed as soon as practicable after it is\nperformed.\n\nMental Health and Related Services Act 1998 66\n(5) The report is to contain:\n(a) the reasons why the authorisation of the Tribunal was not\nobtained; and\n(b) the number of treatments performed; and\n(c) the person's response to the treatment; and\n(d) details of any significant side effects of the treatment on the\n(6) At least 2 medical practitioners are to be present when\nelectroconvulsive therapy is performed, of whom:\n(a) one is to be experienced and trained in accordance with\napproved procedures in performing electroconvulsive therapy;\nand\n(b) one is to be experienced in administering anaesthesia.\n(7) Electroconvulsive therapy must be performed only in an approved\ntreatment facility or premises licensed under this Division.\nNote for section 66\nProceedings for professional misconduct, unsatisfactory professional\nperformance or unprofessional conduct may be taken against a medical\npractitioner under the Health Practitioner Regulation National Law because of a\ncontravention of this section. Under section 243 of that Law, disciplinary\nproceedings may be taken under the Law irrespective of whether proceedings for\nthe offence have been taken.\n","sortOrder":81},{"sectionNumber":"67","sectionType":"section","heading":"Licensing of premises","content":"67 Licensing of premises\noccupier of premises includes a person who occupies or has\ncontrol of the premises, whether or not the person is the owner of\nthe premises.\n(2) The occupier of premises must not permit electroconvulsive therapy\nto be performed on the premises unless the premises are licensed\nunder this Division.\n(3) The occupier of premises may apply to the CEO for a licence to\npermit electroconvulsive therapy to be performed on the premises.\n\nMental Health and Related Services Act 1998 67\n(4) An application for a licence is to be:\n(b) accompanied by the specified fee.\n(5) The CEO must consider an application and may grant, or refuse to\ngrant, the licence.\n(6) In determining an application under this section, the CEO is to take\ninto account the recommendations of the Chief Health Officer\nregarding:\n(a) the suitability of the applicant to hold a licence; and\n(b) the suitability of the premises; and\n(c) whether the equipment to be used in performing\nelectroconvulsive therapy complies with the prescribed\nstandards and conditions; and\n(d) the qualifications of persons who are to perform\nelectroconvulsive therapy on the premises; and\n(e) any conditions to be specified in the licence; and\n(f) how long the licence should remain in force.\n","sortOrder":82},{"sectionNumber":"68","sectionType":"section","heading":"Renewal of licence","content":"68 Renewal of licence\n(1) The holder of a licence may apply to the CEO to renew the licence.\n(2) An application to renew a licence is to be:\n(b) accompanied by the specified fee.\n(3) The CEO must grant an application to renew a licence unless\nsatisfied that any of the grounds for cancelling a licence apply.\n(4) The CEO may before considering an application to renew a licence\nobtain a report from the Chief Health Officer regarding:\n(a) the suitability of the applicant to hold a licence; and\n(b) the suitability of the premises; and\n(c) whether equipment to be used in performing electroconvulsive\ntherapy complies with the prescribed standards and\nconditions; and\n\nMental Health and Related Services Act 1998 68\n(d) the qualifications of persons who are to be permitted to\nperform electroconvulsive therapy on the premises; and\n(e) any conditions to be specified in the licence; and\n(f) how long the licence should remain in force.\n","sortOrder":83},{"sectionNumber":"69","sectionType":"section","heading":"Form of licence","content":"69 Form of licence\nA licence:\n(a) is to be in the approved form; and\n(b) is subject to the conditions that are determined by the CEO\nand specified in the licence; and\n(c) is valid only in respect of the electroconvulsive therapy\nspecified in the licence; and\n(d) remains in force for the period, not longer than 3 years,\nspecified in the licence.\n","sortOrder":84},{"sectionNumber":"70","sectionType":"section","heading":"Cancellation of licence","content":"70 Cancellation of licence\nThe CEO may, by notice in writing to the holder of a licence, cancel\nthe licence where:\n(a) there has been a breach of a condition of the licence; or\n(b) an offence against section 66 is committed on the premises;\nor\n(c) the premises are no longer suitable; or\n(d) equipment on the premises does not comply with the\nprescribed standards and conditions; or\n(e) an unqualified or insufficiently qualified person has been\nperforming electroconvulsive therapy on the premises.\n","sortOrder":85},{"sectionNumber":"71","sectionType":"section","heading":"Amendment of licence","content":"71 Amendment of licence\n(1) The CEO may, by notice in writing to the holder of a licence, revoke\nor vary a condition to which the licence is subject or impose further\nconditions on the licence.\n(2) The holder of a licence may apply in the approved form to the CEO\nfor the licence to be amended as specified in the application.\n\nMental Health and Related Services Act 1998 69\n","sortOrder":86},{"sectionNumber":"72","sectionType":"section","heading":"Review of certain decision","content":"72 Review of certain decision\nA person aggrieved by a decision of the CEO under this Division\nmay apply to the Ombudsman for an investigation of the decision to\nbe conducted under the Ombudsman Act 2009.\n","sortOrder":87},{"sectionNumber":"73","sectionType":"section","heading":"Returns","content":"73 Returns\n(1) The holder of a licence must submit a return to the CEO as soon as\npossible after the end of each month.\n(2) A return is to be:\n(b) contain details of electroconvulsive therapy performed during\nthe month on the premises to which the licence relates.\n","sortOrder":88},{"sectionNumber":"73A","sectionType":"section","heading":"Application of Division","content":"73A Application of Division\n(1) This Division applies to a person who:\n(a) is charged with an offence in proceedings before a court; and\n(b) in the opinion of the court, may require treatment or care\n(2) The court may:\n(a) make one or more orders under this Division for the person; or\n(b) dismiss the charge at any time if:\n(i) the charge is being dealt with summarily; and\n(ii) the proceedings are not proceedings for a committal or\npreliminary hearing; and\n(iii) the court is of the opinion that, if the person were found\nguilty, under the Sentencing Act 1995 the court would\ndismiss the charge unconditionally or otherwise decline\nto record a conviction.\n\nMental Health and Related Services Act 1998 70\n(3) Subsection (4) applies if:\n(a) the offence is one to which section 121A(1)(a) of the Local\nCourt (Criminal Procedure) Act 1928 applies; and\n(b) the court is of the opinion that the person lacks the capacity to\nconsent to the charge being heard and determined summarily.\n(4) For section 121A(1)(c) of the Local Court (Criminal Procedure)\nAct 1928, consent is taken to be have been given by the person if\nthe person's legal representative consents to the charge being\nheard and determined summarily.\n(5) For subsections (1)(b) and (3)(b), the court may have regard to the\nfollowing in forming its opinion:\n(a) the appearance and behaviour of the person when brought\nbefore the court;\n(b) information given to the court during the proceedings.\n","sortOrder":89},{"sectionNumber":"74","sectionType":"section","heading":"Pre-assessment advice","content":"74 Pre-assessment advice\n(1) The court may request from the Chief Health Officer advice\nregarding the availability of resources to assess the person in order\nto determine whether the person is in need of treatment under this\nAct.\n(2) The court may adjourn the proceedings to allow the preparation of\nthe advice.\n(3) As soon as practicable after receiving the request, the Chief Health\nOfficer must give the court written advice that includes:\n(a) whether or not it is practicable to conduct an outpatient\nassessment of the person; and\n(b) if an outpatient assessment is practicable – the most\nappropriate place, time and conditions for the assessment;\nand\n(c) if an outpatient assessment is not practicable:\n(i) the approved treatment facility or approved temporary\ntreatment facility that is available for the assessment of\n(ii) an estimate of the time required for the assessment.\n\nMental Health and Related Services Act 1998 71\n(4) In this section:\noutpatient assessment means an assessment that is not carried\nout at an approved treatment facility or approved temporary\n","sortOrder":90},{"sectionNumber":"74A","sectionType":"section","heading":"Assessment order and report","content":"74A Assessment order and report\n(1) If the court receives written advice from the Chief Health Officer\nunder section 74(3)(b) that it is practicable to conduct an outpatient\nassessment of the person as specified in the advice, the court may:\n(b) order the person be so assessed by a practitioner and a report\nof the assessment be prepared for the court.\n(2) If the court receives written advice from the Chief Health Officer\nunder section 74(3)(c) that it is not practicable to conduct an\noutpatient assessment of the person but an approved treatment\nfacility or approved temporary treatment facility is available for the\nassessment of the person, the court may:\n(b) order the person be conveyed to and detained in the facility for\nthe assessment and a report of the assessment be prepared\nfor the court.\n(3) For subsections (1)(a) and (2)(a), the period of adjournment must\nnot exceed the estimate of the time required for the assessment\nthat is specified in the advice.\n(4) An order under subsection (2)(b) must specify who is responsible\nfor conveying the person from the court to the facility and back to\nthe court after the person has been assessed.\n(5) A registrar of the Local Court must send a copy of the order to the\nperson-in-charge of the facility:\n(a) as soon as practicable after the order is made; and\n(b) before the person is conveyed to the facility.\n(6) A report of the assessment of the person prepared for\nsubsection (1)(b) or (2)(b) must state whether or not the practitioner\nwho assessed the person is satisfied the person fulfils the criteria\nfor involuntary admission on the grounds of mental illness or mental\ndisturbance.\n\nMental Health and Related Services Act 1998 72\n(7) If the practitioner is satisfied the person fulfils the criteria for\ninvoluntary admission on the grounds of mental illness or mental\ndisturbance, the report must state:\n(a) whether the admission should be on the grounds of mental\nillness or mental disturbance; and\n(b) whether an approved treatment facility is available for the\nadmission; and\n(c) the recommended duration of the admission; and\n(d) any recommendations for the conveyance of the person to\nand from the facility and the security of the person while at the\n(8) If the practitioner is not satisfied the person fulfils the criteria for\ninvoluntary admission on the grounds of mental illness or mental\ndisturbance, the report must state:\n(a) whether the person requires:\n(i) involuntary treatment in the community; or\n(ii) other treatment under this Act; and\n(b) if so – the form of the treatment.\n(9) In this section:\noutpatient assessment, see section 74(4).\npractitioner means an authorised psychiatric practitioner, medical\npractitioner or designated mental health practitioner.\n","sortOrder":91},{"sectionNumber":"75","sectionType":"section","heading":"Admission order","content":"75 Admission order\n(1) This section applies if, after receiving a report prepared for\nsection 74A, the court is satisfied:\n(a) the person fulfils the criteria for involuntary admission on the\ngrounds of mental illness or mental disturbance; and\n(b) resources are available at a specified approved treatment\nfacility to diagnose and treat the person.\n(2) The court may:\n(a) adjourn the proceedings for a period specified by the court;\nand\n\nMental Health and Related Services Act 1998 73\n(b) order the person be detained in the approved treatment facility\nfor:\n(i) an examination and assessment of the person under\nsection 38(1); and\n(ii) if the person is admitted to the facility – diagnosis and\n(3) For subsection (2), the period specified must not exceed the shorter\nof the following:\n(a) the duration of the admission recommended in the report;\n(b) 15 days.\n(4) An order under subsection (2)(b) must specify who is responsible\nfor conveying the person from the court to the facility and, if\nsection 75B(2)(a) applies, returning the person to lawful custody.\n(5) A registrar of the Local Court must:\n(a) send a copy of the order to the person-in-charge of the facility:\n(i) as soon as practicable after the order is made; and\n(ii) before the person is conveyed to the facility; and\n(b) if the order is cancelled, varied or extended – send notification\nthat the order has been cancelled or a copy of the order as\nvaried or extended (as the case may be) to the person-in-\ncharge of the facility as soon as practicable after the order has\nbeen cancelled, varied or extended.\n(6) The court may impose conditions for the order under\nsubsection (2)(b).\n(7) The conditions may include, but are not limited to, any of the\n(a) a condition requiring the person to be detained in a particular\npart of the facility;\n(b) a condition requiring the person to be kept under guard at the\nfacility;\n(c) a condition for the granting to the person of leave of absence\nfrom the facility;\n\nMental Health and Related Services Act 1998 74\n(d) if the person is a prisoner – a condition requiring the person to\nbe subject to the restrictions that would apply if the person\nwere in a custodial correctional facility.\n(8) The court may grant the person bail to enable the person to be\nreleased from the facility while the proceedings are adjourned if\nsection 75B applies.\n(9) The prosecutor, Chief Health Officer or the person may apply to the\ncourt at any time to cancel, vary or extend the order.\n","sortOrder":92},{"sectionNumber":"75A","sectionType":"section","heading":"Determination that person not required to be admitted","content":"75A Determination that person not required to be admitted\n(1) If the person is admitted as an involuntary patient at the approved\ntreatment facility because of section 75, an authorised psychiatric\npractitioner or the Tribunal may determine the person is no longer\nrequired to be so admitted at the facility.\n(2) The practitioner or Tribunal may do so only if satisfied the person\ndoes not fulfil the criteria for involuntary admission on the grounds\nof mental illness or mental disturbance, after:\n(a) an examination of the person by the practitioner under\nsection 39(2); or\n(b) the review of the person's admission by the Tribunal under\nsection 123.\n(3) If a determination is made under subsection (1), the Chief Health\nOfficer must inform the court that the determination has been made\non the resumption of the proceedings.\n","sortOrder":93},{"sectionNumber":"75B","sectionType":"section","heading":"Person not required to be detained at approved treatment","content":"75B Person not required to be detained at approved treatment\nfacility during adjournment\n(1) This section applies if the court has adjourned the proceedings\nunder section 75(2) and one of the following applies:\n(a) the person is not admitted to the approved treatment facility as\nan involuntary patient following the examination and\nassessment of the person under section 38(1);\n(b) a determination is made under section 75A(1) for the person.\n(2) The person must, as soon as practicable:\n(a) if the person was in lawful custody when the order under\nsection 75(2) was made and the person is not granted bail\nunder section 75(8) – be returned to lawful custody; or\n\nDivision 2 Dismissal of charge following certificate from Chief Health Officer\nMental Health and Related Services Act 1998 75\n(b) otherwise – be released from the facility.\n","sortOrder":94},{"sectionNumber":"76","sectionType":"section","heading":"Warrant of arrest","content":"76 Warrant of arrest\n(1) This section applies to a person who is required to be detained at\nan approved treatment facility because of an order made under\nsection 74A(2)(b) or 75(2)(b).\n(2) A court may issue a warrant to arrest the person if the person:\n(a) absconds from the approved treatment facility; or\n(b) fails to attend the facility under the order.\nDivision 2 Dismissal of charge following certificate from\nChief Health Officer\n","sortOrder":95},{"sectionNumber":"77","sectionType":"section","heading":"Dismissal of charge","content":"77 Dismissal of charge\n(1) This section applies to a person if:\n(a) the person is charged with an offence in proceedings before a\ncourt (other than proceedings for a committal or preliminary\nhearing); and\n(b) the charge is being dealt with summarily.\n(2) The court may request from the Chief Health Officer a certificate in\nthe approved form stating:\n(a) whether at the time of carrying out the conduct constituting the\nalleged offence, the person was suffering from a mental illness\nor mental disturbance; and\n(b) if the person was suffering from a mental illness or mental\ndisturbance – whether the mental illness or disturbance is\nlikely to have materially contributed to the conduct.\n(3) The Chief Health Officer must not give the court the certificate\nunless the Chief Health Officer has received and considered advice\non the person from an authorised psychiatric practitioner or\ndesignated mental health practitioner.\n(4) After receiving the certificate, the court must dismiss the charge if\nsatisfied that at the time of carrying out the conduct constituting the\nalleged offence:\n(a) the person was suffering from a mental illness or mental\ndisturbance; and\n\nMental Health and Related Services Act 1998 76\n(b) as a consequence of the mental illness or disturbance, the\n(i) did not know the nature and quality of the conduct; or\n(ii) did not know the conduct was wrong; or\n(iii) was not able to control his or her actions.\n","sortOrder":96},{"sectionNumber":"78","sectionType":"section","heading":"Request for voluntary treatment plan","content":"78 Request for voluntary treatment plan\n(1) This Division applies to a person if:\n(a) in proceedings before a court (other than proceedings for a\ncommittal or preliminary hearing) the person:\n(i) has pleaded guilty to an offence; or\n(ii) has been found guilty of an offence; and\n(b) the charge is being dealt with summarily.\n(2) The court may request from the Chief Health Officer an assessment\nof, and if appropriate a voluntary treatment plan for, the person if:\n(a) the court is of the opinion the person suffers from a mental\nillness or mental disturbance that is likely to have contributed\nto the conduct constituting the offence; and\n(b) the court is satisfied the person:\n(i) recognises that he or she suffers from a mental illness or\n(ii) has made, or is willing to make, a conscientious effort to\naddress problems associated with the mental illness or\n(c) the court considers it appropriate for the offence to be dealt\nwith under this Division having regard to the nature and\nseriousness of the offence; and\n(d) the prosecution and the person consent to the offence being\ndealt with under this Division.\n\nMental Health and Related Services Act 1998 77\n(3) To enable the assessment of the person and, if required, the\npreparation of the voluntary treatment plan, the court may:\n(b) grant bail to the person on the condition that the person\nundergoes the assessment.\n","sortOrder":97},{"sectionNumber":"78A","sectionType":"section","heading":"Voluntary treatment plan","content":"78A Voluntary treatment plan\n(1) A report of the assessment of the person prepared for section 78\nmust state:\n(a) whether or not, having regard to subsection (2) or any other\nmatter, it is appropriate to treat the person under a voluntary\ntreatment plan; and\n(b) if so – the nature and duration of the treatment plan.\n(2) A person must not be treated under a voluntary treatment plan if by\ndoing so, the person would pose a serious risk to himself or herself\nor someone else.\n(3) If it is appropriate to treat the person under a voluntary treatment\nplan, the court may:\n(a) adjourn the proceedings for a period not exceeding 6 months;\nand\n(b) grant bail to the person on the condition that the person enters\ninto an agreement to participate in the treatment plan.\n(4) If it is not appropriate to treat the person under a voluntary\ntreatment plan, the court must deal with the person under the\nSentencing Act 1995.\n","sortOrder":98},{"sectionNumber":"78B","sectionType":"section","heading":"Review of voluntary treatment plan","content":"78B Review of voluntary treatment plan\n(1) If the proceedings have been adjourned under section 78A(3), the\ncourt must review the person's participation in the voluntary\ntreatment plan on the resumption of the proceedings.\n(2) If the person has not completed the treatment plan, the court may:\n(a) adjourn the proceedings for a further period, not exceeding\n6 months and grant bail to the person on the condition that the\nperson enter into an agreement to complete the treatment\nplan; or\n(b) deal with the person under the Sentencing Act 1995.\n\nMental Health and Related Services Act 1998 78\n(3) If the person has completed the treatment plan, the court may:\n(a) dismiss the charge; or\n(b) deal with the person under the Sentencing Act 1995.\n(4) If the treatment plan has been extended under subsection (2)(a), at\nthe expiry of the further period the court may:\n(a) if the person has not completed the treatment plan – deal with\nthe person under the Sentencing Act 1995; or\n(b) if the person has completed the treatment plan:\n(i) dismiss the charge; or\n(ii) deal with the person under the Sentencing Act 1995.\n","sortOrder":99},{"sectionNumber":"78C","sectionType":"section","heading":"Failure to comply with condition","content":"78C Failure to comply with condition\n(1) This section applies if a practitioner who is involved in the\nassessment or treatment of the person believes on reasonable\ngrounds that the person:\n(a) has failed to attend the assessment mentioned in\nsection 78(3)(b); or\n(b) has failed to comply with a voluntary treatment plan.\n(2) The practitioner must report the failure to the court in accordance\nwith approved procedures.\n(3) On receipt of a report given under subsection (2), the court may:\n(a) issue a warrant for the arrest of the person; and\n(b) if satisfied that the person has failed to comply with a condition\nof bail – deal with the person under the Sentencing Act 1995.\n","sortOrder":100},{"sectionNumber":"78D","sectionType":"section","heading":"Orders under Part 4 of Sentencing Act 1995","content":"78D Orders under Part 4 of Sentencing Act 1995\nThe court must not make an order for the person under Part 4 of\nthe Sentencing Act 1995 while the person is released on bail for the\npurpose of:\n(a) undergoing an assessment mentioned in section 78(3)(b); or\n(b) participating in, or completing, a voluntary treatment plan.\n\nMental Health and Related Services Act 1998 79\n78E Bail\n(1) To avoid doubt, the granting of bail to the person under this Division\ndoes not affect the application of the Bail Act 1982 to the grant of\nbail.\n(2) The granting of bail to the person on the condition that the person\nundergo assessment and treatment under this Division does not\nconstitute an inducement for section 7(2)(a).\n","sortOrder":101},{"sectionNumber":"79","sectionType":"section","heading":"Assessment of prisoner","content":"79 Assessment of prisoner\n(1) A designated mental health practitioner or authorised psychiatric\npractitioner may examine and assess a prisoner to determine if\nsection 45, 80A or 81 applies to the prisoner.\n(2) If requested to do so by a medical practitioner, the Commissioner of\nCorrectional Services must arrange for a prisoner to be examined\nand assessed by a practitioner under subsection (1) within 24 hours\nafter receiving the request.\n(3) However, the practitioner may refuse to examine or assess the\nprisoner if the practitioner is otherwise satisfied none of the\nprovisions mentioned in subsection (1) applies to the prisoner.\n(4) The examination and assessment under subsection (1) may take\nplace:\n(a) at the custodial correctional facility where the prisoner is held;\nor\n(b) with the approval of the Commissioner of Correctional\nServices after consulting with the person-in-charge of the\nfacility – at an approved treatment facility.\n","sortOrder":102},{"sectionNumber":"80","sectionType":"section","heading":"Recommendation for voluntary admission","content":"80 Recommendation for voluntary admission\n(1) This section applies if, following an examination and assessment of\na prisoner under section 79(1), a designated mental health\npractitioner is satisfied the prisoner:\n(a) is likely to benefit from being admitted as a voluntary patient;\nand\n(b) has given informed consent to the admission.\n\nMental Health and Related Services Act 1998 80\n(2) The practitioner may recommend the admission of the prisoner as a\nvoluntary patient and arrange for the prisoner to be examined by an\nauthorised psychiatric practitioner:\n(a) at the custodial correctional facility; or\n(b) if an examination at the custodial correctional facility would\nresult in an unreasonable delay – at an approved treatment\n(3) An authorised psychiatric practitioner must examine the prisoner\nnot later than 24 hours after a recommendation for the prisoner's\nadmission is made under subsection (2).\n(4) The Commissioner of Correctional Services must permit the\ntransfer of the prisoner to an approved treatment facility for an\nexamination under subsection (2)(b).\n","sortOrder":103},{"sectionNumber":"80A","sectionType":"section","heading":"Voluntary admission of prisoner","content":"80A Voluntary admission of prisoner\n(1) This section applies if, following an examination and assessment of\na prisoner under section 79(1) or an examination under\nsection 80(3), an authorised psychiatric practitioner is satisfied:\n(a) the prisoner is likely to benefit from being admitted as a\nvoluntary patient; and\n(b) the prisoner has given informed consent to the admission.\n(2) If the examination and assessment was conducted at an approved\ntreatment facility, the practitioner may admit the prisoner to the\nfacility as a voluntary patient.\n(3) If the examination and assessment was conducted at the custodial\ncorrectional facility, the practitioner may arrange for the prisoner to\nbe transferred to an approved treatment facility and admitted to the\nfacility as a voluntary patient.\n(4) An authorised psychiatric practitioner, other than the practitioner\nwho admitted the prisoner, must examine the prisoner not later than\n24 hours after the prisoner is admitted under subsection (2) or (3).\n(5) Part 5 applies to the prisoner as if the examination under\nsubsection (4) were an examination under section 25(4).\n(6) The Commissioner of Correctional Services must permit the\ntransfer of the prisoner to an approved treatment facility for the\nadmission of the prisoner as a voluntary patient under this section.\n\nMental Health and Related Services Act 1998 81\n","sortOrder":104},{"sectionNumber":"81","sectionType":"section","heading":"Involuntary admission of prisoner","content":"81 Involuntary admission of prisoner\n(1) This section applies if the practitioner who carried out the\nexamination and assessment under section 79(1) or 80(3) is\nsatisfied the prisoner fulfils the criteria for involuntary admission on\nthe grounds of mental illness or mental disturbance.\n(2) The practitioner must make a recommendation for the psychiatric\nexamination of the prisoner.\n(3) Part 6 applies to the prisoner as if the recommendation were a\nrecommendation under section 34(1).\n(4) If the prisoner is not already at an approved treatment facility, the\nCommissioner of Correctional Services must permit the transfer of\nthe prisoner to an approved treatment facility for the following:\n(a) an examination and assessment of the prisoner under\nsection 38(1);\n(b) the admission of the prisoner as an involuntary patient.\n","sortOrder":105},{"sectionNumber":"82","sectionType":"section","heading":"Person-in-charge to notify Commissioner of Correctional","content":"82 Person-in-charge to notify Commissioner of Correctional\nServices\n(1) The person-in-charge of the approved treatment facility to which a\nprisoner has been admitted as a voluntary patient must notify the\nCommissioner of Correctional Services as soon as practicable\nafter:\n(a) the prisoner requests to be returned to the custodial\ncorrectional facility; or\n(b) the prisoner no longer consents to his or her admission or\ntreatment; or\n(c) an authorised psychiatric practitioner determines the prisoner\nmeets the criteria for involuntary admission on the grounds of\nmental illness or mental disturbance; or\n(d) an authorised psychiatric practitioner determines the prisoner\nwill no longer benefit from continuing to be admitted as a\nvoluntary patient; or\n(e) the Tribunal, after reviewing the prisoner's admission,\ndetermines:\n(i) the prisoner will no longer benefit from continuing to be\nadmitted as a voluntary patient; or\n\nDivision 2 Leave of absence and apprehension of prisoner\nMental Health and Related Services Act 1998 82\n(ii) the prisoner meets the criteria for involuntary admission\non the grounds of mental illness or mental disturbance.\n(2) The person-in-charge of the approved treatment facility to which a\nprisoner has been admitted as an involuntary patient must notify the\nCommissioner of Correctional Services as soon as practicable\nafter:\n(a) a decision has been made to discharge the prisoner from the\nfacility; or\n(b) the prisoner is transferred to another facility under\nsection 167.\nDivision 2 Leave of absence and apprehension of prisoner\n","sortOrder":106},{"sectionNumber":"83","sectionType":"section","heading":"Leave of absence","content":"83 Leave of absence\n(1) An authorised psychiatric practitioner may grant a prisoner admitted\nto an approved treatment facility leave of absence from the facility\nto receive medical or psychological assessment or treatment.\n(2) The leave:\n(a) must not be granted except in accordance with arrangements\nmade under section 86; and\n(b) must be recorded in the approved form; and\n(c) is subject to the conditions determined by the practitioner.\n(3) An authorised psychiatric practitioner may cancel the leave if\nsatisfied, on reasonable grounds:\n(a) the prisoner is likely to suffer from serious mental or physical\ndeterioration as a result of a change in the prisoner's mental\nstate; or\n(b) the prisoner is likely to cause harm to himself or herself or to\n(c) the prisoner has failed to comply with a condition of the leave.\n(4) The practitioner who cancels the leave must take all reasonable\nsteps to inform the prisoner or the prisoner's representative that the\nleave has been cancelled.\n\nMental Health and Related Services Act 1998 83\n","sortOrder":107},{"sectionNumber":"83A","sectionType":"section","heading":"Apprehension of prisoner","content":"83A Apprehension of prisoner\n(1) This section applies to a prisoner admitted to an approved\ntreatment facility under this Part if:\n(a) the prisoner is absent from the facility without leave granted\nunder section 83(1); or\n(b) the prisoner has been granted leave under section 83(1) and\nany of the following occurs:\n(i) the prisoner fails to return to the facility by the end of the\nleave;\n(ii) the leave is cancelled;\n(iii) the prisoner fails to comply with a condition of the leave.\n(2) A police officer, a correctional officer (as defined in section 4 of the\nCorrectional Services Act 2014) or a person authorised by an\nauthorised psychiatric practitioner may:\n(a) apprehend the prisoner; and\n(b) return the prisoner to the facility.\n(3) Reasonable force and assistance may be used for subsection (2).\n(4) For subsection (2)(a), a police officer may enter private premises or\nany other private place where the police officer reasonably believes\nthe prisoner may be found.\n","sortOrder":108},{"sectionNumber":"84","sectionType":"section","heading":"Prisoner to remain in lawful custody","content":"84 Prisoner to remain in lawful custody\n(1) A prisoner admitted to an approved treatment facility as a voluntary\npatient or involuntary patient is taken to be in lawful custody while\nthe prisoner remains in the facility.\n(2) The period spent in the facility is taken to be a period of\nimprisonment under the sentence imposed on the prisoner.\n","sortOrder":109},{"sectionNumber":"85","sectionType":"section","heading":"Discharge of prisoners","content":"85 Discharge of prisoners\n(1) A prisoner must not be detained in an approved treatment facility\nafter the prisoner's sentence of imprisonment expires unless the\nprisoner is otherwise detained in the facility under this Act.\n\nMental Health and Related Services Act 1998 84\n(2) A prisoner who is in an approved treatment facility as a voluntary\npatient or involuntary patient must not be discharged from the\nfacility before the prisoner's sentence of imprisonment expires\nunless it is for the purpose of returning the prisoner to the custody\nof the Commissioner of Correctional Services.\n","sortOrder":110},{"sectionNumber":"86","sectionType":"section","heading":"Arrangements","content":"86 Arrangements\nThe Commissioner of Correctional Services and the Chief Health\nOfficer may make arrangements to ensure the security and good\norder of prisoners receiving treatment under this Act.\n","sortOrder":111},{"sectionNumber":"87","sectionType":"section","heading":"Information to be given to patients","content":"87 Information to be given to patients\n(a) a person is admitted to an approved treatment facility; or\n(b) a community management order is made for a person.\n(1A) No later than one day after the person is admitted or the order is\nmade, an authorised psychiatric practitioner must give the\ninformation specified in subsection (1B) to:\n(a) the person; and\n(b) the person's adult guardian; and\n(ba) if the person has a decision maker – the decision maker; and\n(c) the person's representative.\n(1B) For subsection (1A), the following information is specified:\n(a) the person's rights and entitlements under this Act;\n(b) how those rights and entitlements may be exercised;\n(c) the advocacy and legal services that are available to the\n(d) any other information relating to the person's admission and\ntreatment as the CEO considers relevant.\n\nMental Health and Related Services Act 1998 85\n(2) As far as possible, information given under subsection (1):\n(a) must be given both orally and in writing, in a language and\nform in which the person to whom it is given is used to\ncommunicating in and in a culturally appropriate manner\nincluding, where necessary, through the use of interpreters; or\n(b) where the person is used to communicating in a form other\nthan orally or in writing, a version that is as close as possible\nto the content of the written information must be given in the\nform in which the person is used to communicating.\n(3) In giving information to a person under this section, regard must be\nhad to the age, culture, disability, impairment and any other factor\nof the person that may influence the person understanding the\ninformation.\n(4) Where information is provided to a person through the use of an\ninterpreter, that fact must be included in information provided to the\nTribunal when it conducts a review in relation to the person.\n","sortOrder":112},{"sectionNumber":"88","sectionType":"section","heading":"Information concerning medication or treatment","content":"88 Information concerning medication or treatment\n(a) a person is admitted to an approved treatment facility; or\n(b) a community management order is made for a person.\n(2) An authorised psychiatric practitioner must ensure information\nconcerning the treatment (including medication) administered to the\nperson is given to the following:\n(c) subject to subsection (3):\n(i) the person's representative; and\n(ii) the person's primary carer.\n(3) The practitioner may decide not to allow the giving of the\ninformation to the person's representative or primary carer if the\npractitioner is of the opinion that giving the information is not in the\nperson's best interests.\n\nMental Health and Related Services Act 1998 86\n(4) If the practitioner decides not to allow the giving of the information\nto the representative or primary carer because of subsection (3),\nthe practitioner must:\n(b) inform the representative or primary carer of his or her right to\n(c) make a record of the decision in accordance with approved\n(5) The information:\n(a) may be given by the authorised psychiatric practitioner, a\nmedical practitioner or the senior nurse on duty at the facility;\nand\n(b) must include details of the type, dosage, expected benefits\nand side effects of the treatment.\n(6) A person who gives information under this section must make a\nrecord of the giving of the information in accordance with approved\n","sortOrder":113},{"sectionNumber":"89","sectionType":"section","heading":"Discharge plan","content":"89 Discharge plan\n(1) The person-in-charge of an approved treatment facility must ensure\na discharge plan is prepared by an authorised psychiatric\npractitioner before the person is discharged from the facility.\n(2) The discharge plan:\n(a) must contain arrangements for the accommodation,\npsychosocial well-being and ongoing psychiatric treatment of\n(b) must be capable of being implemented.\n(3) The authorised psychiatric practitioner must:\n(a) ensure the persons specified in subsection (4) are consulted\nin relation to the arrangements mentioned in subsection (2)(a)\nwhen preparing the plan; and\n(b) after the plan is prepared – inform the persons specified in\nsubsection (4) of the details of the plan.\n\nMental Health and Related Services Act 1998 87\n(4) For subsection (3), the following are specified:\n(c) subject to subsection (5):\n(i) the person's representative; and\n(ii) the person's primary carer.\n(5) The practitioner may decide not to allow consultation with, or the\ngiving of information to, the person's representative or primary carer\nif the practitioner is of the opinion that the consultation or giving of\nthe information is not in the person's best interests.\n(6) If the practitioner decides not to allow consultation with, or the\ngiving of information to, the representative or primary carer because\nof subsection (5), the practitioner must:\n(b) inform the representative or primary carer of his or her right to\n(c) make a record of the decision in accordance with approved\n(7) The consultation may be conducted by any of the following:\n(a) the authorised psychiatric practitioner;\n(b) a medical practitioner;\n(c) the senior nurse on duty at the facility;\n(d) the person's primary nurse;\n(e) the person's psychiatric case manager;\n(f) a staff member of the facility responsible for discharge\nplanning.\n(8) The authorised psychiatric practitioner must make a record of\ninformation given by the practitioner under this section in\naccordance with approved procedures.\n\nMental Health and Related Services Act 1998 88\n(9) A person who conducts a consultation under this section must\nmake a record of the consultation in accordance with approved\n","sortOrder":114},{"sectionNumber":"90","sectionType":"section","heading":"Information on discharge","content":"90 Information on discharge\n(1) An authorised psychiatric practitioner who refuses to admit a\nperson as a voluntary patient or refuses to continue the person's\nadmission:\n(a) must provide the person with the reasons for the decision; and\n(b) where the person consents, must provide the person's primary\ncarer with the reasons for the decision; and\n(c) must ensure that the person is provided with appropriate\ninformation relating to follow-up care, community management\nservices, community support services and advocacy services\nthat are available.\n(2) The person-in-charge of an approved treatment facility must ensure\nthat a person who is discharged from the approved treatment\nfacility is provided with appropriate information relating to follow-up\ncare, community management services and community support\nservices that are available.\n","sortOrder":115},{"sectionNumber":"91","sectionType":"section","heading":"Disclosure of information","content":"91 Disclosure of information\n(1) Subject to subsection (2), a person must not engage in conduct that\nresults in the disclosure of information contained in a record kept by\nan approved treatment facility or approved treatment agency that:\n(a) identifies the fact that a person has been admitted to the\nfacility or received treatment from the agency; or\n(b) relates to the nature of, or other details relating to, the\nperson's admission, treatment or management.\n(2) Information referred to in subsection (1) may be disclosed:\n(a) where it is necessary:\n(i) to exercise a power or perform a function under an Act;\nor\n(ii) to give information expressly authorised to be disclosed\nunder an Act; or\n\nMental Health and Related Services Act 1998 89\n(b) with the consent of:\n(i) the person to whom the information relates; or\n(ii) the person's adult guardian; or\nor\n(iii) if the person has died – the person's nominated next of\nkin, senior next of kin or the executor or administrator of\nthe person's estate; or\n(c) if it is required in the course of criminal investigations or\ncriminal proceedings; or\n(d) when it is required in the course of proceedings:\n(i) relating to the guardianship of the person to whom the\ninformation relates; or\n(ii) relating to the administration of property of the person to\nwhom the information relates; or\n(iii) under the Advance Personal Planning Act 2013 in\nrelation to the person to whom the information relates; or\n(e) to the representative or primary carer of the person to whom\nthe information relates if the disclosure:\n(i) is relevant to the ongoing care, treatment or\nrehabilitation of the person; and\n(ii) is considered to be in the person's best interests; or\n(f) to a police officer if:\n(i) the person to whom the information relates is in a\nsituation requiring immediate intervention; and\n(ii) the person:\n(A) is likely to cause serious harm to himself or herself\nor to someone else; or\n(B) represents a substantial danger to the general\ncommunity; and\n(iii) the information is relevant to the safe resolution of the\nsituation; or\n\nMental Health and Related Services Act 1998 90\n(g) to the Commissioner of Police , or a police officer nominated\nby the Commissioner for this paragraph, where the person\ndisclosing the information reasonably believes that the person\nto whom the information relates may harm himself or herself\nor represents a danger to the general community; or\n(ga) to a police officer for section 166B(2); or\n(h) when it is required to prevent or lessen a serious or imminent\nthreat to the life or health of the person, another person or the\ngeneral community; or\n(j) for the purposes of medical or social research where:\n(i) the ethics committee nominated by the Chief Health\nOfficer approves the methodology of the research; and\n(ii) the disclosure is not likely to be detrimental to the\ninterest of the person to whom the information relates;\nand\n(iii) the identity of the person will be protected and not\npublished; or\n(k) in connection with the further treatment of a person with a\nmental illness; or\n(ka) to a health care decision maker for a person if the information\nis reasonably required in connection with the performance of a\nduty or the exercise of a power by the health care decision\nmaker under the Health Care Decision Making Act 2023;\n(m) to the Minister or the CEO; or\n(n) if the Minister considers that disclosing the information is in\nthe public interest or necessary to ensure the safety of the\ngeneral community or a section of the general community.\n(3) The Minister must not disclose information under subsection (2)(n)\nunless he or she has received a recommendation from the CEO,\nthe Chief Health Officer, the President of the Tribunal, the principal\ncommunity visitor, the Ombudsman or the Commissioner for Health\nand Community Services Complaints to disclose the information.\n(4) Where a person is notified by an authorised psychiatric practitioner\nthat the authorised psychiatric practitioner believes that the\ndisclosure of information relating to another person could cause:\n(a) the person's health to deteriorate; or\n\nMental Health and Related Services Act 1998 91\n(b) the person to become a danger to himself or herself or to\nother persons; or\n(c) a person referred to in the information may be adversely\naffected or endangered;\nthe person must take reasonable steps to ensure that the\ninformation is not disclosed to the person.\nMaximum penalty for subsection (4): 40 penalty units.\n","sortOrder":116},{"sectionNumber":"92","sectionType":"section","heading":"Access to records","content":"92 Access to records\n(1) Each of the following may apply for access to information contained\nin records about a person that are kept by an approved treatment\nfacility or approved treatment agency:\n(bb) a health care decision maker for a person if the information is\nreasonably required in connection with the performance of a\nduty or the exercise of a power by the health care decision\nmaker under the Health Care Decision Making Act 2023;\n(c) if the person has died:\n(i) the person's nominated next of kin; or\n(ii) the person's senior next of kin; or\n(iii) the executor or administrator of the person's estate.\n(2) The application must be made in writing to an authorised\npsychiatric practitioner employed at the facility or agency.\n(3) The practitioner may give the applicant access to the information:\n(a) without conditions; or\n(b) on the condition that the practitioner, or someone who is able\nto interpret the information, is present during the access.\n(4) The practitioner may refuse the application if the practitioner\nbelieves, on reasonable grounds, if the person is given access to\nthe information:\n(a) the person's health is likely to deteriorate; or\n\nMental Health and Related Services Act 1998 92\n(b) the person may become a danger to himself or herself or to\n(c) someone mentioned in the information may be adversely\naffected or endangered.\n(5) If the practitioner refuses the application because of subsection (4),\nthe practitioner must as soon as possible:\n(a) notify the following in writing of the decision:\n(i) the applicant;\n(ii) if the information relates to the applicant and the\napplicant has a representative – the representative; and\n(b) inform the applicant of the applicant's right to apply to the\n(6) If the applicant is not given access to the information or notified\nunder subsection (5)(a) within 30 days after making the application,\nthe practitioner is taken to have refused access to the information.\n","sortOrder":117},{"sectionNumber":"93","sectionType":"section","heading":"Disclosure to adult guardian, decision maker or representative","content":"93 Disclosure to adult guardian, decision maker or representative\n(1) An authorised psychiatric practitioner who refuses a person access\nto information under section 92(4) may permit an adult guardian,\ndecision maker or representative of the person to have access to\nthe information where the disclosure is considered by the\nauthorised psychiatric practitioner to be in the person's best interest\nand the information is disclosed in confidence.\n(2) As a condition for the access, the practitioner may require the adult\nguardian, decision maker or representative to give an undertaking\nnot to disclose specified information.\n(3) A person who gives an undertaking under subsection (2) must not\n","sortOrder":118},{"sectionNumber":"94","sectionType":"section","heading":"Inclusion of written comments into records","content":"94 Inclusion of written comments into records\nThe person-in-charge of an approved treatment facility or an\napproved treatment agency must ensure that all written comments\nmade by a person in an approved treatment facility or while being\ntreated by an approved treatment agency, or by the person's adult\nguardian, decision maker, health care decision maker or\nrepresentative, are included in the person's records maintained at\n\nMental Health and Related Services Act 1998 93\nthe facility or by the agency.\n","sortOrder":119},{"sectionNumber":"95","sectionType":"section","heading":"Letters and postal articles","content":"95 Letters and postal articles\nThe person-in-charge of an approved treatment facility must\nensure:\n(a) that a person at the approved treatment facility is permitted to\ncorrespond, by post or otherwise, with persons outside the\nfacility without interference or restriction; or\n(b) that a letter or other postal article that a person at the\napproved treatment facility wants posted is posted without\nbeing opened; or\n(c) that a letter or other postal article addressed to a person at the\napproved treatment facility is delivered to the person without\nbeing opened and is delivered as soon as reasonably\npracticable after it is received.\n","sortOrder":120},{"sectionNumber":"96","sectionType":"section","heading":"Access to telephone","content":"96 Access to telephone\nThe person-in-charge of an approved treatment facility must ensure\nthat a person at the approved treatment facility is able, in\nreasonable privacy, to make and receive telephone calls so far as is\nreasonably practicable and, at the discretion of the person-in-\ncharge, subject to the person paying the cost of making those calls.\n","sortOrder":121},{"sectionNumber":"97","sectionType":"section","heading":"Visitors","content":"97 Visitors\nThe person-in-charge of an approved treatment facility must ensure\nthat a person at the approved treatment facility is able to receive\nvisitors in reasonable privacy at the times that are determined.\n","sortOrder":122},{"sectionNumber":"98","sectionType":"section","heading":"Restriction or denial of entitlement","content":"98 Restriction or denial of entitlement\n(1) An authorised psychiatric practitioner may order that a right of a\nperson under section 95, 96 or 97 be restricted or denied if the\nauthorised psychiatric practitioner reasonably believes that unless\nthe right of the person is restricted or denied there is a serious\nlikelihood of the person suffering serious physical or mental\ndeterioration or that the safety or well-being of other persons,\nanother person or the general community is at risk.\n(2) An authorised psychiatric practitioner must review an order made\nunder this section at least once a day and may vary or revoke the\norder.\n(3) An order under this section lapses at the end of the day on which it\nis not reviewed.\n\nMental Health and Related Services Act 1998 94\n(4) An authorised psychiatric practitioner must make a record in the\nclinical record of the person when an order under this section is\nmade and when the order is reviewed.\n(5) If a person in respect of whom an order under this section is made\nis an involuntary patient, the authorised psychiatric practitioner\n(a) notify the following of the order being made:\n(i) the Tribunal;\n(iii) if the person has a decision maker – the decision maker;\nand\n(b) inform the person of the person's right to apply to the Tribunal\nfor a review of the order.\n","sortOrder":123},{"sectionNumber":"99","sectionType":"section","heading":"Withholding of certain correspondence","content":"99 Withholding of certain correspondence\n(1) Section 98 does not apply to a letter or other postal article:\n(a) addressed to a person at an approved treatment facility from a\nperson referred to in subsection (2); or\n(b) addressed to a person referred to in subsection (2) from a\nperson at an approved treatment facility.\n(2) The persons referred to are the following:\n(a) the Minister;\n(b) the CEO;\n(c) a member of Parliament;\n(d) the principal community visitor or a community visitor;\n(e) the person-in-charge of the approved treatment facility;\n(f) an authorised psychiatric practitioner;\n(g) the Registrar of the Tribunal;\n(h) a representative of the person;\n(ha) the person's adult guardian;\n(hb) if the person has a decision maker – the decision maker;\n\nMental Health and Related Services Act 1998 95\n(hc) a health care decision maker for the person;\n(j) the Anti-Discrimination Commissioner;\n(k) the Commissioner for Health and Community Services\nComplaints.\n","sortOrder":124},{"sectionNumber":"100","sectionType":"section","heading":"Internal complaints procedures","content":"100 Internal complaints procedures\n(1) A person being treated at an approved treatment facility or by an\napproved treatment agency or his or her decision maker or\nrepresentative, or a person with a genuine interest in that person,\nmay make a complaint to the person-in-charge:\n(a) relating to the failure of the approved treatment facility or\napproved treatment agency to recognise any right of the\nperson under this Act; or\n(b) relating to the administration of this Act that relates directly to\nthe health interests and needs of the person.\n(2) The person-in-charge of an approved treatment facility or approved\ntreatment agency must establish procedures, that are accessible,\njust and fair, to deal with complaints made under subsection (1).\n(3) The procedures referred to in subsection (2) are to aim:\n(a) to investigate and, wherever possible, resolve complaints by a\nprocess within the approved treatment facility or approved\ntreatment agency; and\n(b) to promote improvements in the quality of the policies,\nprocedures and services of the approved treatment facility or\napproved treatment agency.\n(4) The person-in-charge of an approved treatment facility or approved\ntreatment agency must ensure that adequate information is\nincluded in the information given to a person under section 87\nabout:\n(a) the complaints procedures of the facility or agency; and\n(b) all other available complaints procedures that apply to the\nfacility or agency.\n\nMental Health and Related Services Act 1998 96\n(5) The person-in-charge of an approved treatment facility or approved\ntreatment agency must ensure that information, both oral and\nwritten, of the complaints procedures under this Act and advocacy\nservices that are available is regularly given to each of the\n(a) a person being treated at the approved treatment facility or by\nthe approved treatment agency;\n(c) the person's representative;\n(d) the person's primary carer.\n(6) The person-in-charge of an approved treatment facility or approved\ntreatment agency must ensure that:\n(a) a person who makes a complaint:\n(i) receives a written acknowledgment as soon as\nreasonably practicable after the complaint is made; and\n(ii) is kept informed of the progress of any investigation or\nother action on the complaint at regular intervals; and\n(b) if the person who made the complaint is not the person being\ntreated, that person is also kept informed of the progress of\nany investigation or other action on the complaint at regular\nintervals.\n(7) The person-in-charge of an approved treatment facility or approved\ntreatment agency must ensure that a full and accurate record of the\nnature of a complaint made under this section and any investigation\nor other action taken in relation to it is kept.\n(8) The person-in-charge of an approved treatment facility or approved\ntreatment agency must:\n(a) maintain a register containing a brief record of all complaints\nmade under this section; and\n(b) ensure that the register is made available to a community\nvisitor when requested.\n\nMental Health and Related Services Act 1998 97\n(8A) If, in the opinion of the person-in-charge of an approved treatment\nfacility or approved treatment agency, a complaint made under this\nsection is about a matter that could be the subject of a complaint\nunder the Children's Commissioner Act 2013, the person-in-charge:\n(a) may refer the complaint to the Children's Commissioner; or\n(b) if the complaint is to be dealt with under this Act – must, as\nsoon as practicable, give written notice about the complaint to\nthe Children's Commissioner.\n(9) The person-in-charge of an approved treatment facility or approved\ntreatment agency must forward to the CEO and the principal\ncommunity visitor, at 6 monthly intervals, a report detailing the\npattern of complaints made under this section during the period of\nthe report and the changes, if any, made to prevent a recurrence of\nthe activities that led to the complaints.\n(10) Where the person-in-charge of an approved treatment facility or an\napproved health care agency considers, after an investigation of a\ncomplaint under this section, that a person:\n(a) may have committed a criminal offence; or\n(b) may have committed a breach of discipline, as defined in\nsection 3(1) of the Public Sector Employment and\nManagement Act 1993; or\n(c) may be guilty of professional misconduct;\nthe person-in-charge must inform the CEO.\n(11) The CEO must immediately, on being informed:\n(a) under subsection (10)(a), notify a police officer; or\n(b) under subsection (10)(b), take appropriate action under Part 8\nof the Public Sector Employment and Management Act 1993;\nor\n(c) under subsection (10)(c), notify the relevant professional body.\n\nMental Health and Related Services Act 1998 98\n","sortOrder":125},{"sectionNumber":"101","sectionType":"section","heading":"Principal community visitor","content":"101 Principal community visitor\n(1) The Minister must appoint a person to be the principal community\nvisitor.\n(2) The principal community visitor holds office for 3 years and is\neligible to be reappointed.\n(3) The principal community visitor must have the qualifications\ndetermined by the Minister.\n","sortOrder":126},{"sectionNumber":"101A","sectionType":"section","heading":"Resignation and termination of appointment – principal","content":"101A Resignation and termination of appointment – principal\ncommunity visitor\n(1) A person appointed to be the principal community visitor may resign\nby written notice given to the Minister.\n(2) The Minister may terminate the appointment of the principal\ncommunity visitor for inability, inefficiency, misbehaviour or physical\nor mental incapacity.\n(3) The Minister must terminate the appointment of the principal\ncommunity visitor if the person appointed:\n","sortOrder":127},{"sectionNumber":"102","sectionType":"section","heading":"Functions of principal community visitor","content":"102 Functions of principal community visitor\nThe functions of the principal community visitor are:\n(a) to establish standards and principles by which community\nvisitors and community visitors panels are to function and the\nprotocols to give effect to this Part; and\n(b) to oversee the preparation and circulation of publications to\napproved treatment facilities and approved treatment\nagencies, and to the public generally, that explain the role of\ncommunity visitors and community visitors panels and how\nthey may be contacted; and\n\nMental Health and Related Services Act 1998 99\n(c) to ensure that community visitors and community visitors\npanels exercise their powers and perform their functions in\naccordance with the principles, standards and protocols\nestablished under paragraph (a); and\n(d) to establish community visitors panels as required by this Act\nor when required by the Minister; and\n(e) to ensure that each approved treatment facility and approved\ntreatment agency is inspected by a community visitors panel\nat least once each 6 months.\n","sortOrder":128},{"sectionNumber":"103","sectionType":"section","heading":"Community visitors","content":"103 Community visitors\n(1) The Minister may appoint a person to be a community visitor.\n(2) A community visitor holds office for 3 years and is eligible for\nre-appointment.\n(3) A community visitor must have the qualifications determined by the\nMinister.\n","sortOrder":129},{"sectionNumber":"103A","sectionType":"section","heading":"Resignation and termination of appointment – community","content":"103A Resignation and termination of appointment – community\nvisitor\n(1) A person appointed to be a community visitor may resign by written\nnotice given to the Minister.\n(2) The Minister may terminate the appointment of a community visitor\nfor inability, inefficiency, misbehaviour or physical or mental\nincapacity.\n(3) The Minister must terminate the appointment of a community visitor\nif the person appointed:\n","sortOrder":130},{"sectionNumber":"103B","sectionType":"section","heading":"Interim appointment of community visitor","content":"103B Interim appointment of community visitor\n(1) The principal community visitor may make an interim appointment\nof a person as a community visitor for a period of 60 days.\n\nMental Health and Related Services Act 1998 100\n(2) The appointment ceases at the earliest of the following:\n(a) when the period of 60 days ends;\n(b) when the appointment is terminated under subsection (3);\n(c) when the person is appointed to be a community visitor under\nsection 103(1).\n(3) The principal community visitor may terminate the appointment\nbefore the period of 60 days ends.\n","sortOrder":131},{"sectionNumber":"104","sectionType":"section","heading":"Inquiry functions","content":"104 Inquiry functions\n(1) A community visitor may inquire into and make recommendations\nrelating to:\n(a) the adequacy of services for assessing and treating persons in\napproved treatment facilities or by approved treatment\nagencies; and\n(b) the standard and appropriateness of facilities for the\naccommodation, physical well being and welfare of persons\nreceiving treatment or care at approved treatment facilities or\nby approved treatment agencies; and\n(c) the adequacy of information relating to rights of persons\nreceiving treatment at approved treatment facilities or by\napproved treatment agencies and the complaint procedures\nunder this Act; and\n(d) the accessibility and effectiveness of complaint procedures\nunder Part 13; and\n(e) the failure of persons employed in approved treatment\nfacilities or by approved treatment agencies to comply with\n(f) any other matter that a community visitor considers\nappropriate having regard to the principles and objectives of\n(g) any other matter as directed to the principal community visitor\nby the Minister.\n(2) A community visitor must refer to the principal community visitor\nany matter that the community visitor considers should be\ninvestigated by a community visitors panel.\n\nMental Health and Related Services Act 1998 101\n","sortOrder":132},{"sectionNumber":"105","sectionType":"section","heading":"Complaint functions","content":"105 Complaint functions\nA community visitor is:\n(a) to be accessible to persons receiving treatment under this Act\nto hear any complaints that they may have and to resolve\nthose complaints; and\n(b) to assist persons receiving treatment under this Act to make\napplications under this Act relating to complaints, reviews or\nappeals and, where appropriate, to present those applications.\n","sortOrder":133},{"sectionNumber":"106","sectionType":"section","heading":"Visiting duties","content":"106 Visiting duties\n(1) A community visitor may, at any time without notice, enter an\napproved treatment facility or premises occupied by an approved\ntreatment agency.\n(2) When directed by the Minister, the principal community visitor must\narrange for a community visitor to visit an approved treatment\nfacility or premises occupied by an approved treatment agency at\nthe times specified by the Minister.\n","sortOrder":134},{"sectionNumber":"107","sectionType":"section","heading":"Powers of inspection","content":"107 Powers of inspection\nA community visitor may, when in an approved treatment facility or\nthe premises occupied by an approved treatment agency:\n(a) inspect any part of the facility or the premises; and\n(b) visit persons who are receiving treatment or care at the facility\nor from the agency; and\n(c) inspect documents or medical records relating to persons\nreceiving treatment or care at the facility or from the agency;\nand\n(d) inspect any records or registers required to be kept by or\n","sortOrder":135},{"sectionNumber":"108","sectionType":"section","heading":"Requests to see community visitors","content":"108 Requests to see community visitors\n(1) The person-in-charge of an approved treatment facility or approved\ntreatment agency must ensure that a person receiving treatment or\ncare at the facility or from the agency (and the person's\nrepresentative and any decision maker or other person with a\ngenuine interest in the person) is:\n(a) informed of the person's right to be visited by a community\nvisitor; and\n\nMental Health and Related Services Act 1998 102\n(b) given written information, in a language appropriate to the\nperson, on how to contact a community visitor.\n(2) A person who is receiving treatment or care at an approved\ntreatment facility or from an approved treatment agency may\nrequest that he or she be visited by a community visitor.\n(3) The person-in-charge of an approved treatment facility or approved\ntreatment agency must forward a request made under\nsubsection (2) to the principal community visitor as soon as\npossible and, in any event, not later than 24 hours after it is made.\n(4) The principal community visitor must ensure that a community\nvisitor contacts (including by telephone or email), or attempts to\ncontact, the person before the end of the next working day after the\nrequest under subsection (3) is received by the principal community\nvisitor.\n","sortOrder":136},{"sectionNumber":"109","sectionType":"section","heading":"Reports by community visitors","content":"109 Reports by community visitors\n(1) A community visitor who visits an approved treatment facility or\npremises occupied by an approved treatment agency must provide\na report of his or her visit, including any findings and\nrecommendation, to the principal community visitor.\n(2) The principal community visitor must provide the person-in-charge\nof the approved treatment facility or approved treatment agency\nwith a copy of a report provided under subsection (1).\n(3) The principal community visitor may make a report to the CEO\nwhere he or she believes that the person-in-charge of an approved\ntreatment facility or approved treatment agency has not taken\nadequate or reasonable action to implement a recommendation\nmade by a community visitor in a report under this section.\n(4) If, in the opinion of the principal community visitor, a matter referred\nto in a report provided under subsection (1) falls within the functions\nconferred by a law of the Territory, the Commonwealth, a State or\nanother Territory of the Commonwealth on a person, tribunal or\nboard, the principal community visitor may refer the matter to the\nperson, tribunal or board, as the case may be.\n","sortOrder":137},{"sectionNumber":"110","sectionType":"section","heading":"Community visitors panels","content":"110 Community visitors panels\n(1) A community visitors panel is to be established for each approved\n\nMental Health and Related Services Act 1998 103\n(2) A community visitors panel consists of:\n(a) a legal practitioner; and\n(b) a medical practitioner; and\n(c) one other person;\nappointed by the Minister.\n(3) A person appointed under subsection (2)(c) is to be a person who,\nin the opinion of the Minister, represents the interest of consumers\nof mental health services and has a special interest or expertise in\nmental illness or mental disturbance.\n(4) A community visitors panel is, so far as is practicable, to include\npersons of both sexes and of diverse ethnic backgrounds (including\nAboriginal and Torres Strait Islander backgrounds).\n(5) The principal community visitor must appoint one member of the\ncommunity visitors panel to be the Chairperson of the panel.\n(6) A member of a community visitors panel holds office for 3 years\nand is eligible for re-appointment.\n","sortOrder":138},{"sectionNumber":"110A","sectionType":"section","heading":"Resignation and termination of appointment – member of","content":"110A Resignation and termination of appointment – member of\ncommunity visitors panel\n(1) A person appointed to be a member of a community visitors panel\nmay resign by written notice given to the Minister.\n(2) The Minister may terminate the appointment of a member of a\ncommunity visitors panel for inability, inefficiency, misbehaviour or\nphysical or mental incapacity.\n(3) The Minister must terminate the appointment of a member of a\ncommunity visitors panel if the person appointed:\n\nMental Health and Related Services Act 1998 104\n","sortOrder":139},{"sectionNumber":"110B","sectionType":"section","heading":"Interim appointment of member of community visitors panel","content":"110B Interim appointment of member of community visitors panel\n(1) The principal community visitor may make an interim appointment\nof a person as a member of a community visitors panel for a period\nof 60 days.\n(2) The appointment ceases at the earliest of the following:\n(a) when the period of 60 days ends;\n(b) when the appointment is terminated under subsection (3);\n(c) when the person is appointed to be a member of a community\nvisitors panel under section 110(2).\n(3) The principal community visitor may terminate the appointment\nbefore the period of 60 days ends.\n","sortOrder":140},{"sectionNumber":"111","sectionType":"section","heading":"Duties of community visitors panels","content":"111 Duties of community visitors panels\n(1) The members of a community visitors panel are, as a group, to visit\nthe approved treatment facility for which the panel is established\nnot less than once each 6 months.\n(2) When visiting the facility, the members of the community visitors\npanel are to enquire into:\n(a) the adequacy of opportunities and facilities for the recreation,\ncommunication with other persons, occupation, education,\ntraining and rehabilitation of persons receiving treatment or\ncare at the facility; and\n(b) the extent to which persons receive treatment and care at the\nfacility in conditions that provide the least restrictive and least\nintrusive environment enabling the treatment and care to be\neffectively given; and\n(c) the adequacy of services for assessing, treating and caring for\npersons at the facility; and\n(d) the appropriateness and standards of facilities for the\naccommodation, physical well being and welfare of persons\nreceiving treatment and care at the facility; and\n(e) the adequacy of information provided by the facility about the\ncomplaints procedures and other rights under this Act; and\n(f) the accessibility and effectiveness of internal complaints\nprocedures of the facility; and\n\nMental Health and Related Services Act 1998 105\n(g) any failures of persons employed by the facility to comply with\n(h) any other matter that the panel consider appropriate having\nregard to the principles and objectives of this Act; and\n(j) any other matter that is referred to it by the Minister or the\nprincipal community visitor.\n(3) The members of a community visitors panel may, when visiting an\napproved treatment facility:\n(a) inspect any part of the facility; and\n(b) visit any person who is being treated or cared for at the facility;\nand\n(c) inquire into the admission, detention, care, treatment and\ncontrol of persons being treated or cared for at the facility; and\n(d) inspect documents or medical records relating to persons\nbeing treated or cared for at the facility; and\n(e) inspect any other records or registers required to be kept by or\nunder this Act at the facility.\n","sortOrder":141},{"sectionNumber":"112","sectionType":"section","heading":"Reports by community visitors panels","content":"112 Reports by community visitors panels\n(1) The Chairperson of a community visitors panel must forward to the\nprincipal community visitor a report of the panel's visit to an\napproved treatment facility as soon as practicable after the visit.\n(2) The report is to be in writing and contain details of:\n(a) the actions and inquiries undertaken by the panel; and\n(b) the results of attempts by the panel to resolve particular\nmatters; and\n(c) those matters not resolved by the panel; and\n(d) those matters that require further attention by the panel; and\n(e) the results of inquiries from previous visits made by the panel;\nand\n(f) any recommendations of the panel arising out of the visit.\n(3) The principal community visitor must provide a copy of the report to\nthe person-in-charge of the approved treatment facility.\n\nMental Health and Related Services Act 1998 106\n(4) The Minister may require the principal community visitor to arrange\nfor a community visitors panel to report to the Minister, through the\nprincipal community visitor, on a matter and at the times and in the\nmanner as directed by the Minister.\n(5) The principal community visitor may provide the CEO with a report\nwhere he or she believes that the person-in-charge of the approved\ntreatment facility has not taken adequate or reasonable action to\nimplement a recommendation contained in a report of a community\nvisitors panel.\n","sortOrder":142},{"sectionNumber":"112A","sectionType":"section","heading":"Special community visitors panels","content":"112A Special community visitors panels\n(1) The principal community visitor may establish a special community\nvisitors panel to investigate and report on the overall operation of\nan approved treatment agency.\n(2) The members of the panel may visit places and make inquiries they\nbelieve are necessary to conduct the investigation.\n(3) The Chairperson of the panel must give the principal community\nvisitor a report of the panel's investigation within the time specified\nby the principal community visitor.\n(4) The report must be in writing and include:\n(a) details of the actions and inquiries taken by the panel; and\n(b) the findings of the panel; and\n(c) the recommendations of the panel.\n(5) The principal community visitor must:\n(a) give a copy of the report to the person-in-charge of the\napproved treatment agency that is the subject of the\ninvestigation; and\n(b) invite the person-in-charge to make any comments in\nresponse to the report within 28 days of receiving the report.\n(6) The principal community visitor may forward the report to the CEO\nif the principal community visitor believes the person-in-charge of\nthe agency has not taken action to address, or provided reasonable\nresponses to, matters raised in the report.\n(7) The principal community visitor may re-establish the panel if the\nprincipal community visitor believes further investigation of the\nagency is required.\n\nMental Health and Related Services Act 1998 107\n(8) Division 4 and section 110(2) to (5) apply to a special community\nvisitors panel as if it were a community visitors panel.\n","sortOrder":143},{"sectionNumber":"113","sectionType":"section","heading":"Assistance to be provided","content":"113 Assistance to be provided\n(1) The person-in-charge and each employee of an approved treatment\nfacility must give reasonable assistance and cooperation to:\n(a) a community visitor; and\n(b) a member of the community visitors panel established for the\n(2) The person-in-charge and each employee of an approved treatment\nagency must give reasonable assistance and cooperation to:\n(a) a community visitor; and\n(b) a member of a special community visitors panel established to\ninvestigate the agency.\n(3) In this section, a reference to reasonable assistance and\ncooperation to be given to a person is a reference to assistance\nand cooperation required to enable the person to perform the\nperson's functions under this Act, and includes answering questions\nand responding to enquiries.\n","sortOrder":144},{"sectionNumber":"114","sectionType":"section","heading":"Eligibility","content":"114 Eligibility\nA person cannot be appointed as a community visitor or as a\nmember of a community visitors panel if the person:\n(a) is employed by, or has a direct interest in any contract with,\nthe Agency; or\n(b) derives any financial interest from a private hospital.\n","sortOrder":145},{"sectionNumber":"115","sectionType":"section","heading":"Annual report","content":"115 Annual report\n(1) The principal community visitor must provide the Minister with a\nreport on the activities of community visitors and community visitors\npanels during each financial year not later than 3 months after the\nend of the financial year.\n(2) The Minister must lay a copy of the report before the Legislative\nAssembly not later than 6 sitting day after receiving it.\n\nMental Health and Related Services Act 1998 108\n","sortOrder":146},{"sectionNumber":"116","sectionType":"section","heading":"Detection of offences","content":"116 Detection of offences\n(1) This section applies if a community visitor or member of a\ncommunity visitors panel reasonably believes, in the course of an\ninvestigation or inspection under this Act, a person might have\ncommitted an offence against this Act or another Act.\n(2) The community visitor or member must:\n(a) report the circumstances of the alleged offence to the principal\ncommunity visitor; and\n(b) take reasonable steps to preserve the evidence relating to the\nalleged offence; and\n(c) not undertake any further investigation of the circumstances of\nthe alleged offence.\n(3) If, after receiving the report, the principal community visitor\nconsiders the person might have committed an offence against this\nAct or another Act, the principal community visitor must:\n(a) inform the CEO of the circumstances of the alleged offence;\nand\n(b) inform the Chief Executive Officer of another agency as the\nprincipal community visitor considers appropriate.\n","sortOrder":147},{"sectionNumber":"117","sectionType":"section","heading":"Confidentiality","content":"117 Confidentiality\n(1) This section applies to each of the following persons who obtains\ninformation in the course of carrying out functions connected with\nthe administration of this Act:\n(a) the principal community visitor;\n(b) a community visitor;\n(c) a member of a community visitors panel;\n(d) an employee of the Agency.\n(1A) A person to whom this section applies commits an offence if the\n(a) makes a record of, or uses, the information; or\n(b) engages in conduct that results in the disclosure of the\ninformation to someone else.\n\nMental Health and Related Services Act 1998 109\n(2) However, subsection (1A) does not apply if the person makes the\nrecord, uses the information or engages in the conduct in\naccordance with a direction of the principal community visitor.\nDivision 1 Jurisdiction of Tribunal\n118 Jurisdiction of Tribunal\nThe Tribunal has jurisdiction to deal with matters under this Act.\n119 Review of original decision\nSection 140 of the NTCAT Act does not apply to a decision of the\nTribunal under this Act.\n","sortOrder":148},{"sectionNumber":"120","sectionType":"section","heading":"Requirements for constitution of Tribunal for proceeding","content":"120 Requirements for constitution of Tribunal for proceeding\n(1) For a proceeding under this Act, the Tribunal must, as far as\nreasonably practicable, be constituted by members:\n(a) of diverse gender; and\n(b) from diverse backgrounds including Aboriginal and Torres\nStrait Islander backgrounds.\n(2) A member cannot be nominated to constitute the Tribunal for a\nproceeding under this Act if the member is any of the following:\n(a) a medical practitioner in charge of, or having principal\nresponsibility for providing medical services at, the hospital;\n(b) the principal community visitor;\n(c) a community visitor;\n(d) a member of a community visitors panel;\n(e) a member of a special community visitors panel;\n(f) a designated mental health practitioner;\n(g) an authorised psychiatric practitioner;\n(h) the Chief Health Officer;\n\nMental Health and Related Services Act 1998 110\n(i) the CEO;\n(j) an authorised officer;\n(k) the person-in-charge of an approved mental health facility or\napproved treatment agency;\n(l) an employee of the Health and Community Services\nComplaints Commission.\n(3) When nominating members to constitute the Tribunal, the President\nmay take into account any suitable qualifications or suitable\nknowledge or experience of a member for the constitution of the\n","sortOrder":149},{"sectionNumber":"121","sectionType":"section","heading":"Nomination of Tribunal members","content":"121 Nomination of Tribunal members\n(1) When the Tribunal is to exercise any of its powers or perform any of\nits functions, the President must, subject to this Act, nominate\n3 members of the Tribunal to exercise the power or perform the\nfunction.\n(2) Of the persons nominated under subsection (1):\n(a) one is to be:\n(i) the President; or\n(ii) a Deputy President; or\n(iii) a member appointed with reference to section 16(2)(a)\nof the NTCAT Act; and\n(b) one is to be a medical practitioner appointed as a member\nwith reference to section 16(2)(b) of the NTCAT Act; and\n(c) one is to be a person with special interest or expertise in\nmental illness, mental disturbance or complex cognitive\nimpairment appointed as a member with reference to\nsection 16(2)(b) of the NTCAT Act.\n(3) Despite subsection (1), if the President is satisfied exceptional\ncircumstances exist, the President may nominate 2 members of the\nTribunal to exercise the powers and perform the functions of the\n(4) One of the persons nominated under subsection (3) must be a\nmember mentioned in subsection (2)(a).\n\nMental Health and Related Services Act 1998 111\n","sortOrder":150},{"sectionNumber":"122","sectionType":"section","heading":"Review of long term voluntary admissions","content":"122 Review of long term voluntary admissions\n(1) The Tribunal must review the admission of a person as a voluntary\npatient where the person remains in the approved treatment facility\nfor longer than 6 months and must continue to review the admission\nat intervals not longer than 6 months as long as the person remains\nadmitted as a voluntary patient.\n(1A) In addition, the Tribunal must review the admission of a person\nunder section 27 as a voluntary patient on the application of an\nauthorised psychiatric practitioner.\n(2) Following a review, the Tribunal if it is satisfied:\n(a) that the person is able to give informed consent – may confirm\nthe admission of the person as a voluntary patient; or\n(aa) that the person has an adult guardian or a decision maker, is\nwilling to be admitted and does not fulfil the criteria for\nadmission on the grounds of mental illness or mental\ndisturbance – may confirm the admission of the person as a\nvoluntary patient; or\n(b) that the person fulfils the criteria for involuntary admission on\nthe grounds of mental illness – may order that the person be\ndetained as an involuntary patient on those grounds for not\nlonger than 3 months and, where it does so, it must fix a date\nfor the order to be again reviewed; or\n(c) that the person fulfils the criteria for involuntary admission on\nthe grounds of mental disturbance – may order that the person\nbe detained as an involuntary patient on those grounds for not\nlonger than 14 days and, where it does so, it must fix a date\nfor the order to be again reviewed; or\n(d) that the person fulfils the criteria for involuntary treatment or\ncare in the community – may make a community management\norder in relation to the person.\n(3) Following the review, if the Tribunal is not satisfied that the person:\n(a) will benefit from continuing to be admitted as a voluntary\npatient; or\n(b) fulfils a criteria referred to in subsection (2);\nit must order that the person be discharged from the approved\n\nMental Health and Related Services Act 1998 112\n(4) Where the Tribunal makes an order under subsection (2)(b) or (c), it\nmust authorise the treatment that may be administered to the\nperson under the order.\n(5) An order under subsection (2)(b) ceases to have effect if the person\nfor whom the order is made is discharged from the approved\ntreatment facility under section 40(3).\n","sortOrder":151},{"sectionNumber":"123","sectionType":"section","heading":"Review of involuntary admissions and community","content":"123 Review of involuntary admissions and community\nmanagement orders\n(1) The Tribunal must review a person's admission as an involuntary\npatient:\n(a) for a patient other than one mentioned in paragraph (b) –\nwithin 14 days after the person's admission; or\n(b) for a patient under a Tribunal order made on an application\nunder Part 6, Division 4 – on the date stated in the order.\n(2) The Tribunal must review an interim community management order\nnot later than 14 days after it is made.\n(3) The Tribunal must review an order made under subsection (5) by\nthe date fixed under that subsection.\n(4) The Tribunal may review the admission of a person as an\ninvoluntary patient or an order made under this Act (other than\nunder Part 10 or 16) for a person on being requested to do so by:\n(a) the person; or\n(b) someone who has a genuine interest in, or with a real and\nimmediate concern for the health or welfare of, the person.\n(5) Following a review, the Tribunal if it is satisfied that:\n(a) the person fulfils the criteria for admission on the grounds of\nmental illness, it may order that the person be detained as an\ninvoluntary patient on those grounds for not longer than\n3 months and, where it does so, it must fix a date for the order\nto be again reviewed; or\n(b) the person fulfils the criteria for admission on the grounds of\nmental disturbance, it may order that the person be detained\nas an involuntary patient on those grounds for not longer than\n14 days and, where it does so, it must fix a date for the order\nto be again reviewed; or\n\nMental Health and Related Services Act 1998 113\n(ba) the person fulfils the criteria for involuntary admission on the\ngrounds of complex cognitive impairment, it may order that the\nperson continue to be detained as an involuntary patient on\nthose grounds for not longer than 14 days; or\n(c) the person fulfils the criteria for involuntary treatment or care\nin the community, it may make a community management\norder in relation to the person for not longer than 6 months\nand, where it does so, it must fix a date for the order to be\nreviewed again.\n(6) Where the Tribunal makes an order under subsection (5)(a), (b)\nor (ba), it must authorise the treatment that may be administered to\nthe person under the order.\n(6A) An order under subsection (5)(a) ceases to have effect if the person\nfor whom the order is made is discharged from the approved\ntreatment facility under section 40(3).\n(6B) If the Tribunal makes an order under subsection (5)(ba):\n(a) the order ceases to have effect at the end of the period stated\nin it; and\n(b) the Tribunal cannot further review the person's detention on\nthe grounds of complex cognitive impairment.\nNote for subsection (6B)\nHowever, the person may be detained as an involuntary patient on the grounds\nof mental illness or mental disturbance following assessment under Part 6,\nDivision 2 or 3 if the person fulfils the criteria for involuntary admission on those\ngrounds.\n(7) Following the review, if the Tribunal is not satisfied that the person\nfulfils a criteria referred to in subsection (5), it must revoke the\nadmission of the person as an involuntary patient or revoke the\ninterim community management order or community management\norder, as the case may be.\n(8) Where the Tribunal revokes the admission of the person as an\ninvoluntary patient it must order that the person:\n(a) be immediately discharged from the approved treatment\nfacility; or\n(b) be discharged when arrangements are made for the care of\nthe person on his or her discharge.\n(9) A person must be discharged from an approved treatment facility\nnot later than 7 days after an order under subsection (8)(b) is made.\n\nMental Health and Related Services Act 1998 114\n(10) A review is not required to be conducted where the admission of\nthe person is revoked under section 40.\n(11) A community management order made under subsection (5)(c):\n(a) remains in force for the period, not longer than 6 months, as\ndetermined by the Tribunal; and\n(b) may be extended for periods of not longer than 6 months after\nconsidering an application made by an authorised psychiatric\npractitioner before the order expires.\n(12) Following a review, the Tribunal may vary a community\nmanagement order where it is satisfied that there is a significant\nchange in the condition of the person who is subject to the order.\n","sortOrder":152},{"sectionNumber":"125","sectionType":"section","heading":"Review of reports","content":"125 Review of reports\n(1) The Tribunal must review a report forwarded to it under this Act as\nsoon as practicable after it is received.\n(2) Following the review, the Tribunal:\n(a) may give a written direction to the CEO relating to a practice\nunder, or interpretation of, this Act arising out of a matter\ncontained in the report; and\n(b) where it considers that a person may be guilty of professional\nmisconduct, must notify the relevant professional body.\n","sortOrder":153},{"sectionNumber":"126","sectionType":"section","heading":"Determination as to whether person able to give informed","content":"126 Determination as to whether person able to give informed\nconsent\nThe Tribunal:\n(a) must determine whether a person is capable of giving\ninformed consent as soon as practicable after it receives an\napplication under section 25 or 54; and\n(b) must ensure that the authorised psychiatric practitioner who\nmade the application is notified of its determination.\n","sortOrder":154},{"sectionNumber":"127","sectionType":"section","heading":"Application for review","content":"127 Application for review\n(1) An application may be made to the Tribunal for a review of:\n(a) a decision of a medical practitioner under section 25(8) to\nrefuse to admit a person as a voluntary patient; or\n\nMental Health and Related Services Act 1998 115\n(b) a decision of an authorised psychiatric practitioner under:\n(i) section 25(8) to refuse to confirm the admission of a\nperson as a voluntary patient; or\n(ii) under section 27 to admit or refuse to admit a person as\na voluntary patient; or\n(iii) section 39(3)(a) to detain a person at an approved\ntreatment facility for a further period of up to 14 days; or\n(iv) section 42(2) to detain a person at an approved\ntreatment facility for a further period of up to 7 days; or\n(v) section 47(2) not to notify a person's primary carer that\nan interim community management order has been\nmade for the person; or\n(vi) section 88(3) not to allow the giving of information\nconcerning treatment of a person to the person's\nrepresentative or primary carer; or\n(vii) section 89(5) not to allow consultation with, or the giving\nof information concerning the details of a discharge plan\nto, a person's representative or primary carer; or\n(viii) section 92(4) to refuse an application for access to\ninformation in a person's records kept by an approved\ntreatment facility or approved treatment agency; or\n(c) an order of an authorised psychiatric practitioner under\nsection 98(1) restricting or denying a person's right.\n(2) An application may be made to the Tribunal for a review of the\ndecision of the person-in-charge of an approved treatment facility\nunder section 167(1) to transfer a person to another facility.\n(3) An application under subsection (1) may be made:\n(a) by the person who is the subject of the decision or order; or\n(b) on the person's behalf, by any of the following:\n(i) the person's adult guardian;\n(ii) the person's representative;\n(iii) a legal practitioner;\n\nMental Health and Related Services Act 1998 116\n(iv) a person with a genuine interest in, or with a real and\nimmediate concern for the health or welfare of, the\n(4) An application under this section is to be in the approved form and\nlodged with the Tribunal.\n(5) Following a review in relation to an application made under\nsubsection (1), the Tribunal may:\n(a) affirm, vary or set aside the decision or order; or\n(b) make any decision or order that the medical practitioner or\nauthorised psychiatric practitioner may have made; or\n(c) refer the matter back to the medical practitioner or authorised\npsychiatric practitioner for further consideration; or\n(d) make any other order it thinks fit.\n(6) Following review in relation to an application made under\nsubsection (2), the Tribunal may:\n(a) affirm, vary or set aside the decision; or\n(b) make any other order it thinks fit.\n(7) If a person had been transferred to another approved treatment\nfacility, the person must be returned to the approved treatment\nfacility from which the person was transferred if the Tribunal sets\naside a decision under subsection (6).\n","sortOrder":155},{"sectionNumber":"128","sectionType":"section","heading":"Limitation of further reviews","content":"128 Limitation of further reviews\nSubject to this Division, after conducting a review, the Tribunal may\norder that an application for another review for the same matter\nmay not be made before a date determined by the Tribunal.\n","sortOrder":156},{"sectionNumber":"129","sectionType":"section","heading":"Hearings","content":"129 Hearings\n(1) The Tribunal may undertake a review by conducting a hearing.\n(1A) In addition, the Tribunal must conduct a hearing to decide an\napplication under Part 6, Division 4, for an order for a person's\nadmission and detention as an involuntary patient on the grounds of\ncomplex cognitive impairment (an involuntary detention\napplication).\n\nMental Health and Related Services Act 1998 117\n(6) The person-in-charge of an approved treatment facility must\nensure, as far as is reasonably practicable, that a person who is\nadmitted as an involuntary patient at the facility is dressed in a\nmanner that maintains the person's inherent dignity as a human\nbeing when the person appears at a hearing of the Tribunal.\n","sortOrder":157},{"sectionNumber":"129A","sectionType":"section","heading":"Adjournment of hearings","content":"129A Adjournment of hearings\nIf a hearing is adjourned under section 57 of the NTCAT Act, an\norder that is in force at the adjournment remains in force during the\nadjournment despite any earlier date that was fixed for its expiry.\n","sortOrder":158},{"sectionNumber":"130","sectionType":"section","heading":"Matters to be considered by Tribunal","content":"130 Matters to be considered by Tribunal\n(1) In undertaking a review or deciding an involuntary detention\napplication for a person, the Tribunal must consider the person's:\n(a) current state in relation to the criteria for involuntary admission\non the grounds of mental illness, mental disturbance or\ncomplex cognitive impairment; and\n(b) medical and psychiatric history and current social\ncircumstances.\n(2) In determining whether a person has a mental illness, mental\ndisturbance or complex cognitive impairment, the Tribunal must\ngive due regard to:\n(a) any cultural factors relating to the person that may be relevant\nto the determination; and\n(b) any evidence given to the Tribunal by an expert witness\nconcerning the person's cultural background and its relevance\nto any question of mental illness, mental disturbance or\ncomplex cognitive impairment.\n","sortOrder":159},{"sectionNumber":"131","sectionType":"section","heading":"Right of appearance and representation","content":"131 Right of appearance and representation\n(2) The Tribunal must appoint a legal practitioner to represent a person\nwho is the subject of a review or involuntary detention application if:\n(a) the person is unrepresented at the hearing; and\n(b) the Tribunal considers the person should be represented at\nthe hearing.\n(3) Subsection (2) has effect despite any objections of the person.\n\nMental Health and Related Services Act 1998 118\n(4) If the Tribunal appoints a legal practitioner under subsection (2), the\nTribunal may order the Territory to pay all or part of the reasonable\ncosts and disbursements of the legal practitioner in representing the\nperson at the hearing.\n(5) The Tribunal may conduct the hearing in the absence of the person\nor the person's representative if all of the following apply:\n(a) reasonable notice of the hearing was given to the person or\nrepresentative;\n(b) the person or representative had a reasonable opportunity to\nattend the hearing;\n(c) the person or representative refuses to attend the hearing.\n(6) The Tribunal may conduct the hearing in the absence of the person\nif:\n(a) in the opinion of the Tribunal, there are exceptional\ncircumstances that make the attendance of the person\ninappropriate; and\n(b) the person's representative is given notice of the hearing and\nhas a reasonable opportunity to attend the hearing.\n(7) The Tribunal must notify a person who is the subject of a review or\ninvoluntary detention application of its decision as soon as\npracticable after the decision is made if the hearing was conducted\nin the absence of the person or the person's representative.\n","sortOrder":160},{"sectionNumber":"132","sectionType":"section","heading":"Access to medical records","content":"132 Access to medical records\n(1) Subject to subsections (2), (3) and (4), a person who is the subject\nof a review or involuntary detention application must be given\naccess to the person's medical records and reports that are before\nthe Tribunal.\n(1A) Subject to subsection (4), the Tribunal must give access to the\nmedical records and reports to the following:\n(a) the person's adult guardian;\n(aa) if the person has a decision maker – the decision maker;\n(b) the person's representative.\n(2) The Tribunal may order that a person who is the subject of a review\nor involuntary detention application not be given access to a\nmedical record or report or a part of a medical record or report that\n\nMental Health and Related Services Act 1998 119\nis before the Tribunal where it is satisfied that to do so may cause\nserious harm to the health of the person or may put at risk the\nsafety of other persons.\n(3) A Tribunal may order that only the adult guardian, decision maker\nor representative of a person who is the subject of a review or\ninvoluntary detention application be given access to a medical\nrecord or report or a part of the medical record or report that is\nbefore the Tribunal.\n(4) The Tribunal may require that the adult guardian, decision maker or\nrepresentative give an undertaking that the adult guardian, decision\nmaker or representative will not disclose specified information in the\nmedical record or report before permitting the adult guardian,\ndecision maker or representative access to it.\n(5) A person who gives an undertaking under subsection (4) must not\nMaximum penalty for subsection (5): 40 penalty units.\n","sortOrder":161},{"sectionNumber":"134","sectionType":"section","heading":"Interpreter","content":"134 Interpreter\n(1) The Tribunal must, so far as is reasonably practicable, permit a\nperson who is the subject of a review or involuntary detention\napplication to have access to an interpreter to assist the person to\nprepare for the hearing and to assist the person at the hearing\nwhere the person does not speak English to a level that will enable\nthe person to understand the proceedings.\n(2) An interpreter is to be provided at no cost to the person.\n","sortOrder":162},{"sectionNumber":"135","sectionType":"section","heading":"Hearing not open to public","content":"135 Hearing not open to public\n(1) Despite section 60 of the NTCAT Act, a hearing of the Tribunal is\nnot to be held in public unless the Tribunal orders otherwise.\n(2) The Tribunal must not make an order under subsection (1) unless\nsatisfied that:\n(a) the consent has been obtained of the person who is the\nsubject of the review or involuntary detention application; and\n(b) the privacy of the parties to the review or involuntary detention\napplication will not be adversely affected; and\n\nMental Health and Related Services Act 1998 120\n(c) the public hearing will not result in serious harm to the health\nof the person who is the subject of the review or involuntary\ndetention application or will not place the safety of other\npersons at risk.\n(3) An order under subsection (1) may be made on the Tribunal's own\ninitiative or on the application of the person who is the subject of the\nreview or involuntary detention application.\n","sortOrder":163},{"sectionNumber":"136","sectionType":"section","heading":"Record of proceedings","content":"136 Record of proceedings\n(1) The Tribunal must:\n(a) make a record of all its proceedings in the form of a recording\nof sound, or sound and pictures, by electronic means; and\n(b) retain the record for 12 months.\n(2) Despite section 85 of the NTCAT Act and subject to subsection (3),\nif a person who is the subject of a review by the Tribunal or\ninvoluntary detention application requests a copy of the record\nmade under subsection (1), the Tribunal must give the person a\ncopy of the record at no cost.\n(3) The Tribunal may refuse to provide a person who is the subject of a\nreview by the Tribunal or involuntary detention application with a\ncopy of the record, or a part of the record, made under\nsubsection (1) where it is satisfied that to do so may cause serious\nharm to the health of the person or may put at risk the safety of\nother persons.\n(4) A Tribunal may order that only the adult guardian, decision maker\nor representative of a person who is the subject of a review by the\nTribunal or involuntary detention application be provided with a\ncopy of the record, or a part of the record, made under\nsubsection (1).\n(5) The Tribunal may require that the adult guardian, decision maker or\nrepresentative give an undertaking that the adult guardian, decision\nmaker or representative will not disclose specified information in the\nrecord before providing the adult guardian, decision maker or\nrepresentative with a copy of the record or a part of the record.\n(6) A person who gives an undertaking under subsection (5) must not\nMaximum penalty for subsection (6): 40 penalty units.\n\nMental Health and Related Services Act 1998 121\n","sortOrder":164},{"sectionNumber":"137","sectionType":"section","heading":"Evidence not admissible in other proceedings","content":"137 Evidence not admissible in other proceedings\n(1) Except for an appeal to the Supreme Court under section 142,\nevidence before the Tribunal cannot be used in civil or criminal\nproceedings.\n(2) This section applies in addition to section 71 of the NTCAT Act.\n","sortOrder":165},{"sectionNumber":"138","sectionType":"section","heading":"Publication of identifying information","content":"138 Publication of identifying information\n(1) A person commits an offence if:\n(a) the person publishes:\n(i) the name of another person; or\n(ii) information that results in the identification of another\nperson; and\n(b) the other person is the subject of a review or involuntary\ndetention application.\n(2) Subsection (1) does not apply if the publication is made:\n(a) in an official report made for this Act; or\n(b) with the approval of the Tribunal or other person.\n(3) In this section:\npublish includes broadcast.\n","sortOrder":166},{"sectionNumber":"141","sectionType":"section","heading":"Decisions and reasons for decisions","content":"141 Decisions and reasons for decisions\nSection 105(2) to (4) of the NTCAT Act does not apply to a decision\nmade by the Tribunal under this Act.\n","sortOrder":167},{"sectionNumber":"141A","sectionType":"section","heading":"Publication of decision","content":"141A Publication of decision\n(1) For section 106 of the NTCAT Act, before deciding to publish its\nfinal decision in a proceeding, the Tribunal must take into account\nwhether or not:\n(a) the privacy of the parties to the review or involuntary detention\napplication will be adversely affected by the publication; and\n\nMental Health and Related Services Act 1998 122\n(b) the publication of the decision will result in serious harm to the\nhealth of the person who is the subject of the review or\ninvoluntary detention application or will place at risk the safety\nof other persons; and\n(c) the publication of the decision is in the public interest.\n(2) If the Tribunal publishes its final decision under section 106 of the\nNTCAT Act, the Tribunal must not include the name of the person\nwho is the subject of the decision under this Act or any other\nmaterial that may disclose the identity of the person in the\npublication.\n","sortOrder":168},{"sectionNumber":"142","sectionType":"section","heading":"Appeal to Supreme Court","content":"142 Appeal to Supreme Court\n(1) Despite section 141 of the NTCAT Act, a person aggrieved by a\ndecision of the Tribunal, or the refusal of the Tribunal within a\nreasonable time to make a decision, may appeal to the Supreme\nCourt against the decision or refusal.\n(2) A person who, in the opinion of the Supreme Court, has a sufficient\ninterest in a matter the subject of a decision or refusal of the\nTribunal may, with the leave of the Court, appeal to the Court\nagainst the decision or refusal.\n(3) An appeal is to be by way of a rehearing.\n(4) The Supreme Court may suspend the operation or effect of a\ndecision being appealed against pending the determination of the\nappeal.\n(5) The Supreme Court may refuse to hear an appeal where it is\nsatisfied that it is frivolous, vexatious or has not been made in good\nfaith.\n","sortOrder":169},{"sectionNumber":"143","sectionType":"section","heading":"Determination of appeal","content":"143 Determination of appeal\nOn hearing an appeal, the Supreme Court may make any of the\nfollowing orders:\n(a) affirm, vary or set aside the decision or order of the Tribunal;\n(b) make any decision or order that the Tribunal may have made;\n(c) remit the matter to the Tribunal for further consideration;\n(d) make any other order it thinks fit.\n\n","sortOrder":170},{"sectionNumber":"Part 17","sectionType":"part","heading":"Approved Procedures and Quality Assurance Committee","content":"Part 17 Approved Procedures and Quality Assurance Committee\nMental Health and Related Services Act 1998 123\n","sortOrder":171},{"sectionNumber":"144","sectionType":"section","heading":"Right of appearance and representation","content":"144 Right of appearance and representation\n(1) A person who is the subject of an appeal to the Supreme Court may\nrepresent himself or herself or may be represented by a legal\npractitioner or another person at the appeal.\n(2) The Supreme Court may:\n(a) appoint a legal practitioner to represent a person at the appeal\nwhere the person is not represented; and\n(b) order that the Territory pay all or part of the reasonable costs\nand disbursements of the legal practitioner in representing the\nperson at the appeal.\n(3) The Supreme Court may hear an appeal in the absence of the\nperson or the person's representative if all of the following apply:\n(a) reasonable notice of the appeal was given to the person or\nrepresentative;\n(b) the person or representative had a reasonable opportunity to\nattend the appeal;\n(c) the person or representative refuses to attend the appeal.\n(3A) The Court may hear the appeal in the absence of the person if:\n(a) in the opinion of the Court, there are exceptional\ncircumstances that make the attendance of the person\ninappropriate; and\n(b) the person's representative is given notice of the appeal and\nhas a reasonable opportunity to attend the appeal.\n(4) The Supreme Court must notify a person who is the subject of an\nappeal of its decision as soon as practicable after the appeal is\nconcluded where it is conducted in the absence of the person or his\nor her representative.\nPart 17 Approved Procedures and Quality Assurance\nCommittee\n","sortOrder":172},{"sectionNumber":"145","sectionType":"section","heading":"Approved Procedures and Quality Assurance Committee","content":"145 Approved Procedures and Quality Assurance Committee\n(1) The Minister may, by Gazette notice, declare a committee\nestablished by the Agency to be the Approved Procedures and\nQuality Assurance Committee.\n\nPart 17 Approved Procedures and Quality Assurance Committee\nMental Health and Related Services Act 1998 124\n(2) The functions of the Committee are:\n(a) to monitor and review the approved procedures and forms\nand, where appropriate, recommend amendments to them;\nand\n(b) to assess and evaluate the quality of mental health services,\nincluding clinical practices and privileges, and, where\nappropriate, recommend changes to them.\n","sortOrder":173},{"sectionNumber":"146","sectionType":"section","heading":"Restrictions on Committee","content":"146 Restrictions on Committee\nA report or information made available by the Committee must not\ndisclose the identity of a person who is a provider or recipient of\nservices under this Act unless the person consents in writing to the\ndisclosure.\n","sortOrder":174},{"sectionNumber":"147","sectionType":"section","heading":"Confidentiality of information – Committee members","content":"147 Confidentiality of information – Committee members\nA person who is or was a member of the Committee must not make\na record of, or disclose to someone else, or make use of, any\ninformation obtained by the person as a member except:\n(a) for the purpose of performing the functions or exercising the\npowers of a member; or\n(b) in accordance with standards that may be established by the\nMinister for:\n(i) providing reports to the Agency or a prescribed body; or\n(ii) making information available to the public.\n","sortOrder":175},{"sectionNumber":"148","sectionType":"section","heading":"Finding not evidence of certain matters","content":"148 Finding not evidence of certain matters\nA finding or recommendation by the Committee as to the need for\nchanges or improvements in relation to a procedure or practice is\nnot admissible as evidence in any proceedings that the procedure\nor practice is, or was, careless or inadequate.\n\nMental Health and Related Services Act 1998 125\n","sortOrder":176},{"sectionNumber":"149","sectionType":"section","heading":"Information not to be given in evidence","content":"149 Information not to be given in evidence\n(1) A person who is, or has been, a member of the Committee is\nneither competent nor compellable:\n(a) to produce to a court, tribunal, board or person any document\nin the person's possession or under the person's control that\nwas created by, at the request of or solely for the purpose of\nthe Committee; or\n(b) disclose or communicate to a court, tribunal, board or person\nany matter or thing that comes to the person's notice as a\nmember of the Committee.\n(2) Subsection (1) does not apply to a requirement made in\nproceedings in respect of an act or omission by:\n(a) the Committee; or\n(b) a member of the Committee as a member.\n","sortOrder":177},{"sectionNumber":"150","sectionType":"section","heading":"Interstate mental health orders","content":"150 Interstate mental health orders\n(1) In this section, interstate mental health order means an order\nmade under an Act of a State or another Territory of the\nCommonwealth that is the equivalent of:\n(a) an order admitting a person to an approved treatment facility\nas an involuntary patient; or\n(b) a community management order.\n(2) A person who is subject to an interstate mental health order or a\nperson with a genuine interest in, or with a real concern for the\nhealth or welfare of, that person may apply to the Tribunal for an\norder under subsection (6).\n(3) An application must be in the approved form and accompanied by a\ncopy of the interstate mental health order.\n(4) The Tribunal must not make an order under subsection (6) unless it\nis satisfied that:\n(a) the interstate mental health order is in force in the State or\nTerritory in which it purports to have been made; and\n\nMental Health and Related Services Act 1998 126\n(b) the CEO and, depending on the nature of the interstate mental\nhealth order, the person-in-charge of an approved treatment\nfacility or approved treatment agency consent to an order\nunder this section being made.\n(5) The Tribunal may make inquiries as it thinks fit to determine if an\ninterstate mental health order is in operation.\n(6) On being satisfied as to the matters referred to in subsection (4) the\nTribunal may:\n(a) in respect of an interstate mental health order referred to in\nsubsection (1)(a), order that the person be detained in an\napproved treatment facility and, where it does so, it must fix a\nperiod within which the order is to be reviewed; or\n(b) in respect of an interstate mental health order referred to in\nsubsection (1)(b), make a community management order in\nrespect of the person.\n(7) For this section, the Tribunal may be constituted by:\n(a) the President; or\n(b) a Deputy President; or\n(c) a member appointed with reference to section 16(2)(a) of the\nNTCAT Act.\n(8) Subject to this Act, an order under this section remains in force for\nthe period the interstate mental health order remains in force.\n","sortOrder":178},{"sectionNumber":"151","sectionType":"section","heading":"Definitions","content":"151 Definitions\nIn this Division:\ncorresponding law means a law prescribed by regulation for this\ndefinition.\ninterstate transfer order means an order made under section 154.\nmental health order means:\n(a) an order detaining a person as an involuntary patient, or\n(b) a community management order.\n\nMental Health and Related Services Act 1998 127\nparticipating State or Territory means a State or Territory of the\nCommonwealth that has entered into an agreement with the\nTerritory under section 153.\n","sortOrder":179},{"sectionNumber":"153","sectionType":"section","heading":"Intergovernment agreements","content":"153 Intergovernment agreements\nThe Minister may enter into an agreement with the Minister of a\nState or Territory of the Commonwealth responsible for the\nadministration of a corresponding law providing for the transfer or\napprehension of persons who are detained as involuntary patients\nor who are subject to a community management order.\n","sortOrder":180},{"sectionNumber":"154","sectionType":"section","heading":"Interstate transfer orders","content":"154 Interstate transfer orders\n(1) A person who is subject to a mental health order or a person with a\ngenuine interest in, or with a real concern for the health or welfare\nof, that person may apply to the Tribunal for an order that the\nperson be transferred to a participating State or Territory.\n(2) The Tribunal must give notice of the application to:\n(a) the person to whom the application relates (where that person\nis not the applicant); and\n(aa) if the person has a decision maker – the decision maker; and\n(b) the person's primary carer or the representative of the person;\nand\n(c) depending on the nature of the mental health order, the\nperson-in-charge of the approved treatment facility or the\napproved treatment agency; and\n(d) the person in the participating State or Territory to which it is\nproposed to transfer the person to whom the application\nrelates who holds the office that is the equivalent of that of the\nCEO.\n(3) The Tribunal may order that the person be transferred to a\nparticipating State or Territory where it is satisfied that:\n(a) the transfer will benefit the person; and\n(b) the person referred to in subsection (2)(d) consents to the\ntransfer; and\n(c) where the person is capable of understanding the\nconsequences of the transfer, the person consents to the\ntransfer.\n\nMental Health and Related Services Act 1998 128\n(4) An order under this section is to specify:\n(a) the treatment facility or treatment agency in the participating\nState or Territory to which the person is to be transferred; and\n(b) the person who is to be responsible for transporting the\nperson to the treatment facility or treatment agency in the\nparticipating State or Territory; and\n(c) the time within which the person is to be transferred to the\ntreatment facility or treatment agency in the participating State\nor Territory.\n(5) The Registrar of the Tribunal must provide:\n(a) a copy of the order made under this section to his or her\nequivalent in the participating State or Territory; and\n(b) a copy of all relevant clinical records to the treatment facility or\ntreatment agency in the participating State or Territory to\nwhich the person is to be transferred.\n","sortOrder":181},{"sectionNumber":"155","sectionType":"section","heading":"Powers of person responsible for transfer","content":"155 Powers of person responsible for transfer\n(1) The person specified in an interstate transfer order as responsible\nfor transporting a person to an approved treatment facility or\napproved treatment agency in a participating State or Territory may:\n(a) take custody of the person to whom the order relates; and\n(b) detain the person until the person is transferred to the\ntreatment facility or treatment agency in the participating State\nor Territory.\n(2) The person specified in an interstate transfer order as responsible\nfor transporting a person to the treatment facility or treatment\nagency in a participating State or Territory may use reasonable\nforce to detain a person and to arrest the person if the person\nabsconds from custody while the order is in force.\n","sortOrder":182},{"sectionNumber":"156","sectionType":"section","heading":"CEO may consent to transfer","content":"156 CEO may consent to transfer\nWhere the Minister enters into an agreement under section 153, the\nCEO may consent to an order being made in a participating State\nor Territory under the corresponding law of the State or Territory\nthat a person who is subject to an order that corresponds to a\nmental health order under that law be transferred to an approved\ntreatment facility or approved treatment agency in the Territory.\n\nMental Health and Related Services Act 1998 129\n","sortOrder":183},{"sectionNumber":"157","sectionType":"section","heading":"Transfer through Territory","content":"157 Transfer through Territory\nWhere a person who is subject to an order made under a\ncorresponding law of a participating State or Territory that\ncorresponds to an interstate transfer order is travelling through the\nTerritory, the person specified in the order as responsible for\ntransporting the person may use reasonable force to detain the\nperson in custody while the person is in the Territory or to arrest the\nperson if the person absconds.\n","sortOrder":184},{"sectionNumber":"158","sectionType":"section","heading":"Registration of corresponding interstate transfer orders","content":"158 Registration of corresponding interstate transfer orders\n(1) The Tribunal must register a corresponding interstate transfer order\nordering a person to be transferred to an approved treatment facility\nor approved treatment agency in the Territory.\n(2) Before registering an order under subsection (1), the Tribunal may\namend the order in so far as it relates to the treatment or care of the\nperson in an approved treatment facility or by an approved\ntreatment agency.\n(3) Where a corresponding interstate transfer order is registered under\nthis section, it is to be taken to be an order admitting the person as\nan involuntary patient or a community management order, as the\ncase may be, as if made under this Act.\n","sortOrder":185},{"sectionNumber":"159","sectionType":"section","heading":"Amendment of documents","content":"159 Amendment of documents\n(1) A person who signs a document relating to the admission of a\nperson to an approved treatment facility as an involuntary patient\nmay, not later than 21 days after the person is admitted, amend the\ndocument if it is found to be incorrect or defective in any respect.\n(2) Where the CEO considers that a document relating to the\nadmission of a person to an approved treatment facility as an\ninvoluntary patient is:\n(a) incorrect or defective in any respect; and\n(b) the document is not amended by the person who signed it to\nthe satisfaction of the CEO within 21 days after a direction in\nwriting by the CEO requiring the amendment;\nthe CEO may:\n(c) order the discharge of the person as an involuntary patient; or\n\nMental Health and Related Services Act 1998 130\n(d) do any thing that is necessary to obtain a document in\nsubstitution for the incorrect or defective document.\n(3) A document obtained in substitution for an incorrect or defective\ndocument has effect as if it was signed on the date on which the\nincorrect or defective document was signed.\n(4) The Tribunal or Supreme Court may amend a document relating to\nthe admission of a person to an approved treatment facility as an\ninvoluntary patient where, in proceedings before the Tribunal or\nSupreme Court, it appears that the document is incorrect or\ndefective in any respect.\n(5) A document amended by the Tribunal or Supreme Court is as valid\nand effective as if it had been made in its amended form on the\ndate it was signed.\n","sortOrder":186},{"sectionNumber":"160","sectionType":"section","heading":"Documents relating to examination, admission and treatment","content":"160 Documents relating to examination, admission and treatment\n(1) A person must not sign a relevant document relating to another\nperson unless:\n(a) the person has seen, and personally examined, the other\n(b) the signing of the document is:\n(i) in accordance with approved procedures; or\n(ii) otherwise permitted under this Act.\n(2) A person must not sign a relevant document relating to another\nperson unless the document:\n(a) specifies the facts on which the opinion is based that the other\nperson has a mental illness, mental disturbance or complex\ncognitive impairment; and\n(b) distinguishes the facts that were observed by the person from\nthe facts communicated to the person.\n(3) A person must not make a statement in a relevant document\nrelating to another person knowing the statement is misleading.\n\nMental Health and Related Services Act 1998 131\n(4) In this section:\nmisleading, in relation to a statement, means the statement is\nmisleading in a material particular or is misleading because of the\nomission of a material particular.\nrelevant document, for a person, means:\n(a) a recommendation for psychiatric examination of the person;\nor\n(b) another document relating to the person's admission to an\napproved treatment facility or treatment under this Act.\n","sortOrder":187},{"sectionNumber":"161","sectionType":"section","heading":"Persons prohibited from signing recommendation or","content":"161 Persons prohibited from signing recommendation or\ncertificate\nA recommendation for psychiatric examination or a document\nrelating to the admission of a person as an involuntary patient to an\napproved treatment facility is not valid if it is signed by a person\nwho is a relative, guardian, decision maker or business partner of\nthe person to whom it relates.\n","sortOrder":188},{"sectionNumber":"162","sectionType":"section","heading":"Offences in relation to recommendations or certificates","content":"162 Offences in relation to recommendations or certificates\n(1) A person must not sign a recommendation for psychiatric\nexamination or a document relating to the admission of a person to\nan approved treatment facility or the treatment of a person under\nthis Act unless that person is permitted by this Act to sign it.\n(2) A person commits an offence if the person:\n(a) does anything with the intention that another person:\n(i) is admitted to an approved treatment facility; or\n(ii) is treated at an approved treatment facility or by an\napproved treatment agency; and\n(b) knows the other person does not have a mental illness, mental\ndisturbance or complex cognitive impairment.\n\nMental Health and Related Services Act 1998 132\n","sortOrder":189},{"sectionNumber":"164","sectionType":"section","heading":"Immunity from suit","content":"164 Immunity from suit\nNo proceedings, civil or criminal, may be commenced or continued\nagainst a person for anything done in good faith and with\nreasonable care by the person in reliance on any authority or\ndocument apparently given or made in accordance with this Act.\n","sortOrder":190},{"sectionNumber":"165","sectionType":"section","heading":"Reasonable force may be used","content":"165 Reasonable force may be used\nA person may use reasonable force to restrain a person being\ntreated under this Act:\n(a) to prevent the person harming himself or herself or another\n(b) to maintain the good order and security of an approved\ntreatment facility or the approved treatment agency.\n","sortOrder":191},{"sectionNumber":"166","sectionType":"section","heading":"Leave of absence","content":"166 Leave of absence\n(1) This section applies to a person who:\n(a) is admitted to an approved treatment facility as an involuntary\npatient; and\n(b) is not a prisoner.\nSection 83 provides for the granting of leave of absence to a prisoner.\n(2) An authorised psychiatric practitioner may grant the person leave of\nabsence from the facility.\n(3) Leave of absence:\n(a) must not be granted except in accordance with approved\nprocedures; and\n(b) must be recorded in the approved form; and\n(c) is subject to the conditions determined by the practitioner.\n(4) An authorised psychiatric practitioner may cancel the leave if\nsatisfied, on reasonable grounds:\n(a) the person is likely to suffer from serious mental or physical\ndeterioration as a result of a change in the person's mental\nstate; or\n(b) the person is likely to cause harm to himself or herself or to\n\nMental Health and Related Services Act 1998 133\n(c) the person has failed to comply with a condition of the leave.\n(5) The practitioner who cancels the leave must take all reasonable\nsteps to inform the person or the person's representative that the\nleave has been cancelled.\n","sortOrder":192},{"sectionNumber":"166A","sectionType":"section","heading":"Person absent without approval","content":"166A Person absent without approval\n(1) This section applies to a person who is admitted to an approved\ntreatment facility under Part 5 or 6 if:\n(a) the person is absent from the facility without leave granted\nunder section 166(1); or\n(b) the person has been granted leave under section 166(1) and\nany of the following occurs:\n(i) the person fails to return to the facility by the end of the\nleave;\n(ii) the leave is cancelled;\n(iii) the person fails to comply with a condition of the leave.\nSection 83A applies to a prisoner who is absent from an approved treatment\n(2) A police officer or person authorised by an authorised psychiatric\npractitioner may:\n(a) apprehend the person; and\n(b) return the person to the facility.\n(3) Reasonable force and assistance may be used for subsection (2).\n(4) For subsection (2), a police officer may enter private premises or\nany other private place where the police officer reasonably believes\nthe person may be found.\n(5) The person-in-charge of the approved treatment facility must\nensure the following are notified of the person's absence:\n(a) the person's adult guardian;\n(aa) if the person has a decision maker – the decision maker;\n(b) the person's representative;\n(c) the person's primary carer;\n\nMental Health and Related Services Act 1998 134\n(d) the Tribunal.\n(6) As soon as practicable after the person is found, the person-in-\ncharge must ensure anyone notified under subsection (5) is notified\nthat the person has been found.\n(7) A notification under this section may be given by the person-in-\ncharge, an authorised psychiatric practitioner, a medical\npractitioner, the senior nurse on duty at the facility, the person's\nprimary nurse or psychiatric case manager.\n(8) A person who gives a notification under subsection (5) must make a\nrecord of the notification in accordance with approved procedures.\n","sortOrder":193},{"sectionNumber":"166B","sectionType":"section","heading":"Missing patients","content":"166B Missing patients\n(a) a person admitted to an approved treatment facility is missing;\nor\n(b) a person for whom a community management order has been\nmade is missing.\n(2) The person-in-charge of the approved treatment facility mentioned\nin subsection (1)(a) or the approved treatment agency\nadministering the order mentioned in subsection (1)(b) must report\nthe person as missing to a police officer as soon as possible.\n(3) The report must be:\n(a) accompanied by sufficient information about the person's\nhistory to enable an assessment of the risk posed by the\nperson and the person's vulnerability to be made; and\n(b) in the approved form.\n","sortOrder":194},{"sectionNumber":"167","sectionType":"section","heading":"Transfer of involuntary patients","content":"167 Transfer of involuntary patients\n(1) The person-in-charge of an approved treatment facility, on the\nrecommendation of an authorised psychiatric practitioner, may\ntransfer a person admitted as an involuntary patient at the approved\ntreatment facility to another approved treatment facility if:\n(a) the person-in-charge is satisfied that the transfer will benefit\nthe person or is necessary for the person's treatment; and\n(b) person-in-charge of the approved treatment facility to which it\nis proposed to transfer the involuntary patient approves of the\ntransfer.\n\nMental Health and Related Services Act 1998 135\n(2) If the person is transferred to another approved treatment facility,\nthe person-in-charge of the facility from which the person is\ntransferred must ensure:\n(a) all documents relating to the admission and future treatment of\nthe person are forwarded to the other facility at the time of the\ntransfer; and\n(b) the person is advised of the person's right to apply to the\nTribunal for a review of the decision to transfer the person to\nthe other facility.\n","sortOrder":195},{"sectionNumber":"168","sectionType":"section","heading":"Financial protection order","content":"168 Financial protection order\n(1) This section applies if the person-in-charge of an approved\ntreatment agency is satisfied, after receiving a report from a\ndesignated mental health practitioner and an authorised psychiatric\npractitioner:\n(a) a person admitted as an involuntary patient to an approved\ntreatment facility for which the agency is responsible is unable\nto exercise effective control over the person's financial affairs;\nand\n(b) there is an imminent danger to the person's financial affairs if\na financial order is not made for the person.\n(2) The person-in-charge must make a financial protection order for the\n(3) The order authorises the person-in-charge to take any necessary\naction to protect the person from any neglect, abuse or exploitation\nof the person's financial affairs.\n(4) The order remains in force for the period, not longer than 14 days,\nspecified in the order.\n(5) However, before the expiry of the order, the person-in-charge may\nextend the order once by a further period of not longer than\n14 days.\n(6) The person-in-charge must:\n(a) maintain records of all actions taken under the financial\nprotection order (including the order as extended under\nsubsection (5)); and\n(b) ensure the records are in the approved form and comply with\napproved procedures; and\n\nMental Health and Related Services Act 1998 136\n(c) make the records available for inspection by the Tribunal or a\ncommunity visitor.\n(7) Before the expiry of the order, or the order as extended, the person-\nin-charge must:\n(a) if satisfied the person no longer fulfils the criteria specified in\nsubsection (1) – revoke the order; or\n(b) otherwise – instigate ongoing arrangements for the financial\nprotection of the person in accordance with approved\n","sortOrder":196},{"sectionNumber":"168A","sectionType":"section","heading":"Notification of financial protection order","content":"168A Notification of financial protection order\n(1) No later than one day after making a financial protection order for a\nperson, the person-in-charge of an approved treatment agency\n(a) notify the Tribunal that the order has been made; and\n(b) ensure the following are notified:\n(ii) a legal practitioner acting or prepared to act for the\n(iii) subject to subsection (2) – the person's primary carer;\n(iv) the principal community visitor.\n(2) The person-in-charge, after consulting with an authorised\npsychiatric practitioner, may decide not to notify the person's\nprimary carer if the person-in-charge is of the opinion that giving the\nnotification is not in the person's best interests.\n(3) If the person-in-charge decides not to notify the primary carer\nbecause of subsection (2), the person-in-charge must give to the\nTribunal a written report of the decision and the reason for it in the\n(4) A notification under subsection (1)(b):\n(a) may be given by an authorised psychiatric practitioner, a\nmedical practitioner or the senior nurse on duty at the\napproved treatment facility to which the person has been\nadmitted; and\n\nMental Health and Related Services Act 1998 137\n(b) must:\n(i) state the grounds for the order; and\n(ii) specify that the order has been made under\nsection 168(2).\n(6) A person must make a record of each of the following in\n","sortOrder":197},{"sectionNumber":"168B","sectionType":"section","heading":"Requirement to ascertain if patient has decision maker","content":"168B Requirement to ascertain if patient has decision maker\n(1) This section applies if an authorised psychiatric practitioner treating\na person who is a patient in an approved treatment facility or who is\nsubject to a community management order is of the opinion that the\nperson has impaired decision-making capacity for matters relating\nto his or her treatment and care under this Act.\n(2) The authorised psychiatric practitioner must take reasonable steps\nto ascertain:\n(a) whether the patient has made any advance consent decisions\nthat are relevant to his or her treatment under this Act; and\n(b) whether the patient has a decision maker and, if so, his or her\ncontact details.\n(3) It is sufficient compliance with subsection (2) if the authorised\npsychiatric practitioner informs the person-in-charge of the\napproved treatment facility or approved treatment agency at which\nthe patient is being treated of the practitioner's opinion and that\nperson takes the steps required by subsection (2).\n","sortOrder":198},{"sectionNumber":"168C","sectionType":"section","heading":"Notifying decision makers","content":"168C Notifying decision makers\n(1) If a person (person A) is required by a provision of this Act to notify\nor inform a patient's decision maker about a matter, it is sufficient\ncompliance with the provision if person A takes reasonable steps to\nnotify or inform each known decision maker for the patient.\n\n","sortOrder":199},{"sectionNumber":"Part 20","sectionType":"part","heading":"Repeals and transitional matters for Mental Health and Related Services Act","content":"Part 20 Repeals and transitional matters for Mental Health and Related Services Act\nMental Health and Related Services Act 1998 138\n(2) For subsection (1), a decision-maker for a patient is known if either\nof the following is aware that the person is a decision maker for the\npatient:\n(a) person A;\n(b) the person-in-charge of the approved treatment facility or\napproved treatment agency at which the patient is being\ntreated.\n","sortOrder":200},{"sectionNumber":"169","sectionType":"section","heading":"Private patients","content":"169 Private patients\nThe following applies where a person is admitted to an approved\ntreatment facility as a private patient:\n(a) a private psychiatrist, approved by the person-in-charge of the\napproved treatment facility, may treat the person and may\ncharge the person for the services provided by the private\npsychiatrist;\n(b) the private psychiatrist may only use treatment that is\napproved by the Agency and that is in accordance with the\ntreatment policies of the approved treatment facility;\n(c) the private psychiatrist must attend the person at the times\nspecified by the person-in-charge of the approved treatment\nfacility;\n(d) the person-in-charge of the approved treatment facility may\ncharge for the cost of services provided by the approved\ntreatment facility to the person.\n170 Regulations\nThe Administrator may make regulations under this Act.\nPart 20 Repeals and transitional matters for Mental\nHealth and Related Services Act 1998\n171 Repeal\nThe Mental Health Act 1980 (No. 5 of 1980) is repealed.\n172 Savings and transitional\n(1) In this section, repealed Act means the Act repealed by\nsection 171.\n\n","sortOrder":201},{"sectionNumber":"Part 21","sectionType":"part","heading":"Transitional matters for Mental Health and Related Services Amendment Act","content":"Part 21 Transitional matters for Mental Health and Related Services Amendment Act\nMental Health and Related Services Act 1998 139\n(2) A warrant to take a person into custody in force under the repealed\nAct immediately before the commencement of this Act remains in\nforce and may be executed as if this Act had not commenced.\n(3) Where immediately before the commencement of this Act an order\nmade under section 13, 15 or 23 of the repealed Act was in force,\nthe order is to be taken to be an order of the Tribunal admitting the\nperson named in the order as an involuntary patient as if made\nunder this Act on that commencement.\n(4) Where immediately before the commencement of this Act an order\nunder section 14 or 24 of the repealed Act was in force, the order\nis, on that commencement, to be taken to be an order of the\n(5) The Tribunal must review an order referred to in subsection (3)\nor (4) as soon as practicable after the commencement of this Act\nand the Tribunal may take any action in respect of the order as if\nthe order had been made under this Act.\nPart 21 Transitional matters for Mental Health and\nRelated Services Amendment Act 2007\n","sortOrder":202},{"sectionNumber":"173","sectionType":"section","heading":"Definitions","content":"173 Definitions\nIn this Part:\ncommencement means the commencement of Mental Health and\nRelated Services Amendment Act 2007.\nformer Act means the Mental Health and Related Services Act as\nin force immediately before the commencement.\n","sortOrder":203},{"sectionNumber":"174","sectionType":"section","heading":"Reviews and appeals","content":"174 Reviews and appeals\n(1) The former Act continues to apply in relation to a review\nundertaken, or an appeal heard, by the Tribunal that commenced\nbefore the commencement.\n(2) Subsection (1) does not limit section 12 of the Interpretation\nAct 1978.\n\nPart 21 Transitional matters for Mental Health and Related Services Amendment Act\nMental Health and Related Services Act 1998 140\n","sortOrder":204},{"sectionNumber":"175","sectionType":"section","heading":"Actions taken under former Act","content":"175 Actions taken under former Act\nEach of the following has effect as if it had been done under this\nAct as in force on the commencement:\n(a) a detention in force immediately before the commencement\nunder section 34(3)(d), 39(1)(a) or (b) or (3)(a) or 42(1) or (2);\n(b) an interim community management order in force immediately\nbefore the commencement under section 45(1);\n(c) an appointment of a community visitor in force immediately\nbefore the commencement under section 103(1);\n(d) an appointment of a member of a community visitors panel in\nforce immediately before the commencement under\nsection 110(2);\n(e) an order of the Tribunal in force immediately before the\ncommencement under section 122(2) or 123(5).\n","sortOrder":205},{"sectionNumber":"176","sectionType":"section","heading":"Transitional provisions for Part 10","content":"176 Transitional provisions for Part 10\n(1) A report prepared for the court under section 74(1) of the former Act\nis taken to have been prepared for the court under section 74A.\n(2) An order of the court under section 74(1)(d) of the former Act in\nforce immediately before the commencement has effect as if it were\nan order under section 74A(2)(b).\n(3) An order of the court under section 75(1)(d) of the former Act in\nforce immediately before the commencement has effect as if it were\nan order under section 75(2)(b).\n","sortOrder":206},{"sectionNumber":"177","sectionType":"section","heading":"Admission of prisoners","content":"177 Admission of prisoners\n(1) A prisoner detained at an approved treatment facility following\nadmission as a voluntary patient under section 81(1) of the former\nAct is taken to have been admitted under section 80.\n(2) A prisoner detained at an approved treatment facility following\nadmission as an involuntary patient under section 82(1) of the\nformer Act is taken to have been admitted under section 81.\n","sortOrder":207},{"sectionNumber":"178","sectionType":"section","heading":"Transfer of prisoners","content":"178 Transfer of prisoners\n(1) The transfer of a prisoner to an approved treatment facility under\nsection 81(1) of the former Act is taken to be a transfer permitted by\nthe Director of Correctional Services under section 80(9).\n\n","sortOrder":208},{"sectionNumber":"Part 22","sectionType":"part","heading":"Transitional matters for Mental Health and Related Services Amendment Act","content":"Part 22 Transitional matters for Mental Health and Related Services Amendment Act\nMental Health and Related Services Act 1998 141\n(2) The transfer of a prisoner to an approved treatment facility under\nsection 82(1) of the former Act is taken to be a transfer permitted by\nthe Director of Correctional Services under section 81(4).\n","sortOrder":209},{"sectionNumber":"179","sectionType":"section","heading":"Corresponding laws","content":"179 Corresponding laws\nA law declared to be a corresponding law under section 152(1) of\nthe former Act is taken to have been prescribed by regulation as a\ncorresponding law.\nPart 22 Transitional matters for Mental Health and\nRelated Services Amendment Act 2020\n","sortOrder":210},{"sectionNumber":"180","sectionType":"section","heading":"Definitions","content":"180 Definitions\nIn this Part:\ncommencement means the commencement of section 10 of the\nMental Health and Related Services Amendment Act 2020.\nformer Act means this Act as in force immediately before the\ncommencement.\nformer Tribunal means the Mental Health Tribunal as it was\nestablished immediately before the commencement.\n","sortOrder":211},{"sectionNumber":"181","sectionType":"section","heading":"Members of former Tribunal","content":"181 Members of former Tribunal\n(1) This section applies to a person who was, immediately before the\ncommencement, a member of the former Tribunal.\n(2) A person appointed with reference to section 118(3)(a) of the\nformer Act is taken to have been appointed as a member of NTCAT\nunder section 16(2)(a) of the NTCAT Act until the day the person's\nappointment would have expired under the former Act.\n(3) A person appointed with reference to section 118(3)(b) or (c) of the\nformer Act is taken to have been appointed as a member of NTCAT\nunder section 16(2)(b) of the NTCAT Act until the day the person's\nappointment would have expired under the former Act.\n(4) A person mentioned in subsection (2) or (3) is entitled to the greater\nof the following after the commencement:\n(a) the entitlement under the Assembly Members and Statutory\nOfficers (Remuneration and Other Entitlements) Act 2006 to\nwhich the person was entitled immediately before the\ncommencement;\n\nPart 22 Transitional matters for Mental Health and Related Services Amendment Act\nMental Health and Related Services Act 1998 142\n(b) an entitlement under the Assembly Members and Statutory\nOfficers (Remuneration and Other Entitlements) Act 2006 for\nan ordinary member of NTCAT.\n","sortOrder":212},{"sectionNumber":"182","sectionType":"section","heading":"Applications to former Tribunal","content":"182 Applications to former Tribunal\nAn application to the former Tribunal that has not yet been heard\nbecomes an application to NTCAT on the commencement.\n","sortOrder":213},{"sectionNumber":"183","sectionType":"section","heading":"Ongoing proceedings of former Tribunal","content":"183 Ongoing proceedings of former Tribunal\n(1) Proceedings currently before the former Tribunal become\nproceedings before NTCAT on the commencement.\n(2) Those proceedings continue uninterrupted and, subject to\nsubsections (3) and (4), are not affected by the enactment of the\nMental Health and Related Services Amendment Act 2020.\n(3) If, as a result of the enactment of the Mental Health and Related\nServices Amendment Act 2020, the procedure applicable to the\nproceedings after the commencement (the new procedure) is\ndifferent from that which would have applied before the\ncommencement (the old procedure), the proceedings are to be\nconducted in accordance with the new procedure.\n(4) However, if NTCAT is satisfied that conducting the proceedings in\naccordance with the new procedure would be unfair on a party to\nthe proceedings, NTCAT may conduct the proceedings in\naccordance with the old procedure to the extent NTCAT thinks fit.\n","sortOrder":214},{"sectionNumber":"184","sectionType":"section","heading":"Decisions, warrants and orders of former Tribunal","content":"184 Decisions, warrants and orders of former Tribunal\nA decision, warrant or order of the former Tribunal before the\ncommencement and having ongoing effect, becomes a decision,\nwarrant or order of NTCAT on the commencement.\n","sortOrder":215},{"sectionNumber":"185","sectionType":"section","heading":"Practice directions","content":"185 Practice directions\nAny practice directions issued under section 129(2A) of the former\nAct, become practice directions for NTCAT under section 139 of the\nNTCAT Act on the commencement.\n\nMental Health and Related Services Act 1998 143\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMental Health and Related Services Act 1998 (Act No. 63, 1998)\nAssent date 14 September 1998\nCommenced 1 February 2000 (Gaz G3, 26 January 2000, p 2)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 15 March 2004 (s 2(3))\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nMental Health and Related Services Amendment Act 2007 (Act No. 8, 2007)\nAssent date 17 May 2007\nCommenced 2 March 2009 (Gaz S7, 24 February 2009)\n\nMental Health and Related Services Act 1998 144\nCare and Protection of Children Act 2007 (Act No. 37, 2007)\nAssent date 12 December 2007\nCommenced Ch 1 and pts 3.3 and 5.1: 7 May 2008 (Gaz G18, 7 May 2008,\np 4); Ch 2 (exc pt 2.1, div 6 and s 127), Ch 3, pts 3.1 and 3.2\n(exc s 187) and Ch 5, pts 5.2 to 5.6: 8 December 2008 (Gaz\nG47, 26 November 2008, p 6); Ch 4: 9 June 2009 (Gaz S27,\n1 June 2009); Ch 2, pt 2.1, div 6: 18 August 2010 (Gaz S43,\n18 August 2010); s 187: 1 July 2011 (Gaz S32,\n20 June 2011); s 127: nc\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nHospital Boards Act 2009 (Act No. 30, 2009)\nAssent date 11 November 2009\nCommenced 1 February 2010 (Gaz G3, 20 January 2010, p 4)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nCare and Protection of Children (Children's Commissioner) Amendment Act 2011 (Act\nNo. 9, 2011)\nAssent date 18 April 2011\nCommenced 1 July 2011 (Gaz S32, 20 June 2011)\nPublic Sector Employment and Management Amendment Act 2011 (Act No. 29, 2011)\nAssent date 31 August 2011\nCommenced 1 January 2012 (Gaz S73, 20 December 2011, p 2)\nMental Health and Related Services Amendment Act 2012 (Act No. 3, 2012)\nAssent date 21 March 2012\nCommenced 22 October 2012 (Gaz S62, 19 October 2012)\nDisability Services Amendment Act 2012 (Act No. 11, 2012)\nAssent date 27 April 2012\nCommenced 20 August 2012 (Gaz G31, 1 August 2012, p 4)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nAlcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)\nAssent date 28 June 2013\nCommenced 1 July 2013 (s 2)\nChildren's Commissioner Act 2013 (Act No. 33, 2013)\nAssent date 18 December 2013\nCommenced 1 January 2014 (Gaz S72, 23 December 2013)\n\nMental Health and Related Services Act 1998 145\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nMental Health and Related Services Amendment Act 2014 (Act No. 5, 2014)\nAssent date 20 March 2014\nCommenced 20 March 2014\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nAlcohol Harm Reduction Act 2017 (Act No. 16, 2017)\nAssent date 30 August 2017\nCommenced 1 September 2017\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nMental Health and Related Services Amendment Act 2020 (Act No. 6, 2020)\nAssent date 9 March 2020\nCommenced 3 June 2020 (Gaz G15, 15 April 2020, p 2)\n\nMental Health and Related Services Act 1998 146\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\nHealth Care Decision Making Act 2023 (Act No. 19, 2023)\nAssent date 17 August 2023\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 8AA, 8AB, 26, 54, 63,\n64, 66, 72, 73A, 78A, 78B, 78C, 78D, 78E, 80A, 83A, 91, 100 and 174.\n4 LIST OF AMENDMENTS\ns 3 amd No. 8, 2007, s 4; No. 3, 2012, s 43; No. 6, 2020, s 4\ns 4 amd No. 1, 2004, s 62; No. 44, 2005, ss 22 and 35; No. 8, 2007, s 5; No. 5,\n2009, s 179; No. 18, 2010, s 52; No. 7, 2011, s 140; No. 17, 2012, s 55;\nNo. 3, 2012, s 4; No. 36, 2013, s 82; No. 27, 2014, s 57; No. 15, 2016, s 117;\nNo. 28, 2018, s 14; No. 6, 2020, s 5; No. 19, 2023, s 90\ns 6 amd No. 8, 2007, s 6; No. 3, 2012, s 43\ns 6A ins No. 3, 2012, s 5\ns 7 amd No. 3, 2012, s 43\ns 7A ins No. 8, 2007, s 7\ns 8 amd No. 3, 2012, s 43\ns 8AA ins No. 11, 2012, s 10\ns 8AB ins No. 19, 2017, s 36\ns 8A ins No. 3, 2012, s 6\ns 9 amd No. 8, 2007, s 8; No. 3, 2012, s 43\ns 10 amd No. 3, 2012, s 43\ns 11 amd No. 17, 2012, s 55; No. 10, 2018, s 6\ns 12 amd No. 8, 2007, s 9\ns 13 amd No. 8, 2007, s 10; No. 3, 2012, s 43\npt 3 hdg amd No. 8, 2007, s 11\ns 14 amd No. 8, 2007, s 12; No. 3, 2012, s 43\ns 15 amd No. 3, 2001, s 8; No. 8, 2007, s 13; No. 3, 2012, s 43\ns 15A ins No. 3, 2012, s 7\ns 16 amd No. 8, 2007, s 14; No. 3, 2012, s 43\ns 17 amd No. 8, 2007, s 15; No. 3, 2012, s 8\ns 18 amd No. 8, 2007, s 16; No. 3, 2012, s 43\ns 19 sub No. 8, 2007, s 17\ns 20 amd No. 3, 2012, s 43\ns 21 amd No. 8, 2007, s 18\ns 22 amd No. 8, 2007, s 19; No. 3, 2012, s 9\ns 23 amd No. 18, 2002, s 6; No. 44, 2005, s 22; No. 8, 2007, s 20; No. 18, 2010,\ns 53; No. 17, 2012, s 55; No. 3, 2012, s 43; No. 28, 2018, s 15\ns 23A ins No. 3, 2012, s 10\ns 24 rep No. 28, 2018, s 16\ns 25 amd No. 8, 2007, s 21; No. 36, 2013, s 83; No. 19, 2023, s 91\n\nMental Health and Related Services Act 1998 147\ns 26 amd No. 37, 2007, s 340\nsub No. 8, 2007, s 22\namd No. 38, 2014, s 2\ns 27 amd No. 8, 2007, s 23; No. 3, 2012, s 43; No. 36, 2013, s 84\ns 28 amd No. 8, 2007, s 24\ns 29 amd No. 3, 2012, s 11; No. 36, 2013, s 85\ns 30 amd No. 8, 2007, s 25; No. 3, 2012, s 43\ns 31 amd No. 8, 2007, s 26; No. 3, 2012, s 43; No. 28, 2018, s 17\ns 32 amd No. 8, 2007, s 27\ns 32A ins No. 8, 2007, s 28\ns 33 amd No. 17, 2013, s 162\ns 34 amd No. 8, 2007, s 29; No. 3, 2012, s 12; No. 3, 2012, s 43 No. 17, 2013,\ns 163; No. 16, 2017, s 60; No. 28, 2018, s 18\ns 35 amd No. 17, 2012, s 55; No. 3, 2012, s 43; No. 28, 2018, s 19\ns 36 amd No. 3, 2012, s 43\ns 37 sub No. 8, 2007, s 30\namd No. 21, 2022, s 55\ns 38 amd No. 3, 2012, s 43\ns 39 amd No. 8, 2007, s 31\ns 40 amd No. 8, 2007, s 32; No. 3, 2012, s 43\ns 41 sub No. 8, 2007, s 33\namd No. 36, 2013, s 86\ns 42 sub No. 8, 2007, s 34\ns 43 sub No. 8, 2007, s 34\namd No. 36, 2013, s 87\ns 44 amd No. 8, 2007, s 35; No. 3, 2012, s 13\npt 6\ndiv 4 hdg ins No. 3, 2012, s 14\npt 6\ndiv 4\nsdiv 1 hdg ins No. 3, 2012, s 14\ns 44A ins No. 3, 2012, s 14\npt 6\ndiv 4\nsdiv 2 hdg ins No. 3, 2012, s 14\ns 44B ins No. 3, 2012, s 14\ns 44C ins No. 3, 2012, s 14\namd No. 6, 2020, s 6\ns 44D ins No. 3, 2012, s 14\namd No. 36, 2013, s 88\ns 44E ins No. 3, 2012, s 14\namd No. 6, 2020, s 7\nss 44F – 44G ins No. 3, 2012, s 14\ns 44H ins No. 3, 2012, s 14\namd No. 6, 2020, s 8\ns 45 amd No. 8, 2007, s 36; No. 3, 2012, s 43; No. 27, 2014, s 57\ns 46 amd No. 8, 2007, s 37\ns 47 sub No. 8, 2007, s 38\namd No. 36, 2013, s 89\ns 49 amd No. 8, 2007, s 39\ns 50 sub No. 8, 2007, s 40\namd No. 3, 2012, s 43\ns 50A ins No. 8, 2007, s 40\namd No. 36, 2013, s 90\ns 51 amd No. 44, 2005, s 22\nsub No. 8, 2007, s 40\ns 52 amd No. 8, 2007, s 41\n\nMental Health and Related Services Act 1998 148\ns 53 amd No. 44, 2005, s 35; No. 8, 2007, s 42; No. 3, 2012, s 15; No. 36, 2013,\ns 91\ns 54 amd No. 8, 2007, s 43; No. 3, 2012, s 43; No. 36, 2013, s 92; No. 13, 2016,\ns 35; No. 6, 2020, s 22; No. 19, 2023, s 92\ns 55 amd No. 8, 2007, s 44\ns 56 amd No. 3, 2012, s 43\ns 58 amd No. 3, 2012, s 16\ns 59 amd No. 3, 2012, s 17\npt 9 hdg amd No. 8, 2007, s 102\ns 60 amd No. 3, 2012, s 18\ns 61 amd No. 8, 2007, s 45; No. 3, 2012, ss 19 and 43; No. 36, 2013, s 93\ns 62 amd No. 8, 2007, s 46; No. 3, 2012, ss 20 and 43; No. 36, 2013, s 94\ns 63 amd No. 8, 2007, s 47; No. 3, 2012, ss 21 and 43; No. 36, 2013, s 95; No. 13,\n2016, s 35; No. 6, 2020, s 22; No. 19, 2023, s 93\ns 64 amd No. 8, 2007, s 48; No. 3, 2012, ss 22 and 43; No. 36, 2013, s 96; No. 13,\n2016, s 35; No. 6, 2020, s 22; No. 19, 2023, s 94\ns 65 sub No. 3, 2012, s 23\namd No. 36, 2013, s 97\npt 9\ndiv 2 hdg amd No. 38, 2014, s 2\ns 66 amd No. 44, 2005, s 22; No. 8, 2007, s 49; No. 18, 2010, s 54; No. 3, 2012,\nss 24 and 43; No. 36, 2013, s 98; No. 38, 2014, s 2; No. 13, 2016, s 35;\nNo. 6, 2020, s 22; No. 19, 2023, s 95\ns 67 amd No. 8, 2007, s 102; No. 3, 2012, ss 25 and 43; No. 38, 2014, s 2\nss 68 – 70 amd No. 8, 2007, s 102; No. 3, 2012, s 43; No. 38, 2014, s 2\ns 71 amd No. 8, 2007, s 102\ns 72 amd No. 8, 2007, s 102; No. 5, 2009, s 179\ns 73 amd No. 8, 2007, s 102; No. 3, 2012, s 43; No. 38, 2014, s 2\npt 10 hdg sub No. 8, 2007, s 50\ndiv 1 hdg ins No. 8, 2007, s 50\ns 73A ins No. 8, 2007, s 50\namd No. 8, 2016, s 45; No. 10, 2018, s 6\ns 74 sub No. 8, 2007, s 50\ns 74A ins No. 8, 2007, s 50\namd No. 3, 2012, s 43; No. 8, 2016, s 45\ns 75 sub No. 8, 2007, s 50\namd No. 27, 2014, s 57; No. 8, 2016, s 45\nss 75A – 75B ins No. 8, 2007, s 50\ns 76 sub No. 8, 2007, s 50\ndiv 2 hdg ins No. 8, 2007, s 50\ns 77 sub No. 8, 2007, s 50; No. 8, 2016, s 45\ndiv 3 hdg ins No. 8, 2007, s 50\ns 78 amd No. 18, 2004, s 3\nsub No. 8, 2007, s 50\namd No. 8, 2016, s 45\nss 78A – 78E ins No. 8, 2007, s 50\npt 11 hdg sub No. 8, 2007, s 50\ndiv 1 hdg ins No. 8, 2007, s 50\nss 79 – 80 sub No. 8, 2007, s 50\ns 80A ins No. 8, 2007, s 50\namd No. 36, 2013, s 99; No. 27, 2014, s 57; No. 13, 2016, s 35; No. 6, 2020,\ns 22; No. 19, 2023, s 96\n\nMental Health and Related Services Act 1998 149\ns 81 sub No. 8, 2007, s 50\ns 82 sub No. 8, 2007, s 50\namd No. 3, 2012, s 43; No. 27, 2014, s 57\ndiv 2 hdg ins No. 8, 2007, s 50\ns 83 sub No. 8, 2007, s 50\ns 83A sub No. 8, 2007, s 50\ndiv 3 hdg ins No. 8, 2007, s 50\ns 84 sub No. 8, 2007, s 50\nss 85 – 86 sub No. 8, 2007, s 50\ns 87 amd No. 8, 2007, s 51; No. 36, 2013, s 100\ns 88 sub No. 8, 2007, s 52\namd No. 36, 2013, s 101\ns 89 sub No. 8, 2007, s 52\namd No. 36, 2013, s 102\ns 90 amd No. 8, 2007, s 53; No. 3, 2012, s 43\ns 91 amd No. 8, 2007, s 54; No. 3, 2012, ss 26 and 43; No. 36, 2013, s 103;\nNo. 19, 2023, s 97\ns 92 sub No. 8, 2007, s 55\namd No. 36, 2013, s 104; No. 19, 2023, s 98\ns 93 amd No. 8, 2007, s 56; No. 3, 2012, s 27; No. 36, 2013, s 105\ns 94 amd No. 8, 2007, s 57; No. 36, 2013, s 106; No. 19, 2023, s 99\ns 95 amd No. 3, 2012, s 43\ns 98 amd No. 8, 2007, s 58; No. 36, 2013, s 107\ns 99 amd No. 8, 2007, s 59; No. 36, 2013, s 108; No. 6, 2020, s 9; No. 19, 2023,\ns 100\ns 100 amd No. 8, 2007, s 60; No. 9, 2011, s 25; No. 29, 2011, s 45; No. 3, 2012,\ns 43; No. 33, 2013, s 75; No. 36, 2013, s 109\ns 101 amd No. 8, 2007, s 61\ns 101A ins No. 8, 2007, s 62\ns 102 amd No. 3, 2012, s 43\ns 103 sub No. 8, 2007, s 63\nss 103A –\n103B ins No. 8, 2007, s 63\ns 104 amd No. 3, 2012, s 43\ns 107 amd No. 3, 2012, s 43\ns 108 amd No. 8, 2007, s 64; No. 36, 2013, s 110\ns 109 amd No. 8, 2007, s 102\ns 110 amd No. 8, 2007, s 65; No. 3, 2012, s 43\nss 110A –\n110B ins No. 8, 2007, s 66\ns 111 amd No. 8, 2007, s 67\ns 112 amd No. 8, 2007, s 68; No. 3, 2012, s 43\ns 112A ins No. 8, 2007, s 69\ns 113 sub No. 8, 2007, s 70\ns 116 sub No. 8, 2007, s 71\ns 117 amd No. 8, 2007, s 72; No. 3, 2012, s 28\npt 15 hdg sub No. 6, 2020, s 10\ndiv 1 hdg sub No. 6, 2020, s 10\ns 118 amd No. 8, 2007, s 73; No. 30, 2009, s 44; No. 3, 2012, s 29; No. 8, 2016,\ns 45\ns 119 sub No. 6, 2020, s 10\n\nMental Health and Related Services Act 1998 150\ndiv 1A hdg ins No. 6, 2020, s 10\ns 120 amd No. 8, 2007, s 74; No. 3, 2012, s 43\ns 121 amd No. 8, 2007, s 75\namd No. 21, 2022, s 56\ndiv 2 hdg amd No. 8, 2007, s 76\ns 122 amd No. 8, 2007, s 77; No. 3, 2012, ss 30 and 43; No. 36, 2013, s 111\ns 123 amd No. 8, 2007, s 78; No. 3, 2012, ss 31 and 43\ns 124 rep No. 8, 2007, s 79\ns 125 amd No. 8, 2007, s 102\ns 127 amd No. 8, 2007, s 80; No. 3, 2012, ss 32 and 43; No. 36, 2013, s 112\ns 128 sub No. 8, 2007, s 81\ns 129 amd No. 8, 2007, s 82; No. 3, 2012, ss 33 and 43; No. 6, 2020, s 11\ns 129A ins No. 6, 2020, s 12\ns 130 amd No. 8, 2007, s 102; No. 3, 2012, s 34\ns 131 sub No. 8, 2007, s 83\namd No. 3, 2012, s 43; No. 6, 2020, s 13\ns 132 amd No. 8, 2007, s 84; No. 3, 2012, s 35; No. 36, 2013, s 113; No. 6, 2020,\ns 22\ns 133 amd No. 8, 2007, s 102; No. 3, 2012, s 43; No. 5, 2014, s 3\nrep No. 6, 2020, s 14\ns 134 amd No. 8, 2007, s 102; No. 3, 2012, s 43\ns 135 amd No. 8, 2007, s 102; No. 3, 2012, s 43; No. 6, 2020, s 15\ns 135A ins No. 8, 2007, s 85\namd No. 3, 2012, s 36\nrep No. 6, 2020, s 16\ns 136 amd No. 8, 2007, s 86; No. 3, 2012, s 37; No. 36, 2013, s 114; No. 6, 2020,\ns 17\ns 137 sub No. 6, 2020, s 18\ns 138 amd No. 8, 2007, s 102\nsub No. 3, 2012, s 38\ns 139 amd No. 8, 2007, s 87\nsub No. 3, 2012, s 38\nrep No. 6, 2020, s 19\ns 140 rep No. 6, 2020, s 19\ns 141 amd No. 8, 2007, s 102; No. 3, 2012, s 43\nsub No. 6, 2020, s 19\ns 141A ins No. 6, 2020, s 19\ns 142 amd No. 6, 2020, s 20\ns 144 amd No. 3, 2001, s 8; No. 8, 2007, s 88\ns 145 amd No. 3, 2012, s 43\ns 147 amd No. 3, 2001, s 8; No. 3, 2012, s 39\ns 150 amd No. 8, 2007, s 89; No. 3, 2012, s 43; No. 21, 2022, s 57\ns 151 amd No. 8, 2007, s 90\ns 152 rep No. 8, 2007, s 91\ns 154 amd No. 8, 2007, s 92; No. 3, 2012, s 43; No. 36, 2013, s 115\ns 156 amd No. 8, 2007, s 93\ns 159 amd No. 8, 2007, s 102; No. 3, 2012, s 43\ns 160 amd No. 8, 2007, s 94\nsub No. 3, 2012, s 40\ns 161 amd No. 8, 2007, s 95; No. 36, 2013, s 116\ns 162 amd No. 3, 2012, s 41\ns 163 rep No. 8, 2007, s 96\ns 166 sub No. 8, 2007, s 97\n\nMental Health and Related Services Act 1998 151\ns 166A ins No. 8, 2007, s 97\namd No. 3, 2012, s 43; No. 36, 2013, s 117\ns 166B ins No. 8, 2007, s 97\ns 167 amd No. 8, 2007, s 98\ns 168 sub No. 8, 2007, s 99\ns 168A ins No. 8, 2007, s 99\namd No. 36, 2013, s 118\nss 168B –\n168C ins No. 36, 2013, s 119\ns 170 sub No. 3, 2012, s 42\npt 20 hdg ins No. 8, 2007, s 100\npt 21 hdg ins No. 8, 2007, s 101\nss 173 – 179 ins No. 8, 2007, s 101\npt 22 hdg ins No. 6, 2020, s 21\nss 180 – 185 ins No. 6, 2020, s 21","sortOrder":216}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":871},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1998 scope. Major amendments in 2007, 2012, and 2020 added: complex cognitive impairment as a third category of involuntary admission (2012); extensive court diversion and forensic provisions (2007); integration with the NTCAT replacing the former Mental Health Tribunal (2020); and numerous updates to reflect modern health practitioner regulation, advance personal planning, and guardianship frameworks. The Act now functions as a comprehensive mental health, disability, and forensic mental health statute rather than purely a mental illness treatment Act."},"complexity_factors":["Lengthy legislation with 185+ sections across 22 Parts and multiple Divisions/Subdivisions","Extensive cross-referencing to other NT Acts including NTCAT Act, Guardianship of Adults Act, Advance Personal Planning Act, Health Care Decision Making Act, Disability Services Act, and Criminal Code","Multiple overlapping definitions and criteria for three distinct categories of involuntary admission (mental illness, mental disturbance, complex cognitive impairment) with different time limits and review requirements","Nested conditional logic throughout — for example, treatment authorisation depends on patient status (voluntary/involuntary), urgency, Tribunal approval, and practitioner type","Detailed procedural requirements with numerous mandatory notifications to multiple parties (patient, guardian, decision maker, primary carer, Tribunal, principal community visitor) with exceptions and reporting requirements","Complex interaction between mental health and criminal justice systems including court powers, prisoner transfers, and forensic provisions","Multiple transitional provisions from three separate amending Acts (2007, 2012, 2020) creating layered historical complexity","Strict regulation of specific treatments (ECT, psychosurgery, restraint, seclusion) with licensing, conditions, and offence provisions","Extensive review and appeal rights creating multi-layered oversight (internal complaints, Tribunal, Supreme Court, Ombudsman, Community Visitors)","Integration with national health practitioner registration scheme and intergovernmental agreements for interstate transfers"],"plain_english_summary":"The Northern Territory's principal mental health law sets how people with mental illness, mental disturbance, or complex cognitive impairment may be treated or involuntarily admitted, and allows compulsory community treatment. It establishes independent review and appeal via NTCAT, oversight by Community Visitors, and special arrangements for prisoners and court diversion.\n\nIt protects patient rights and strictly regulates restrictive practices and forced treatments, banning psychosurgery, coma therapy, and sterilisation for mental health purposes."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since 1998 the Act has grown materially beyond the original single‑focus model of hospital admission and safeguards. Key scope expansions include the addition of a statutory route for Tribunal‑authorised admissions for complex cognitive impairment (s 15A and Div 4 of Part 6), structured community‑based involuntary treatment via interim and community management orders (ss 45–53), a detailed licensing and reporting regime for electroconvulsive therapy (ss 66–73), and extended integration with other laws (Disability Services, Health Care Decision Making Act 2023, NTCAT/Tribunal reforms). The amendments also formalised prison/detainee pathways (Part 11) and substantially elaborated review, oversight and complaint mechanisms (Parts 13–15). These changes expand the Act from in‑patient detention rules into a broad statutory architecture covering community compulsion, cross‑agency procedures, specialised treatment regulation and layered administrative and judicial review."},"complexity_factors":["Comprehensive structure: 22 Parts covering admission, treatment, special procedures, Tribunal and interstate matters (table of provisions).","Large number of sections: the Act runs to well over 180 sections with detailed procedural requirements (multiple time limits and review cycles).","Extensive defined terms and technical definitions in section 4 and subject‑specific definitions (s 6, s 6A, s 7, s 44A) creating interpretive layers.","Multiple, overlapping admission pathways (voluntary, mental illness s 14, mental disturbance s 15, complex cognitive impairment s 15A, community treatment s 16) with different time limits and review rules (ss 39–44, 45–53, 122–123).","Significant cross‑references and reliance on other Acts (Disability Services Act s 8AA; Youth Justice and Correctional Services ss 8AB, Part 11; Health Care Decision Making Act 2023 references) increasing legal interdependency.","Numerous conditional authorisations and exceptions (emergency treatment s 35, treatment without Tribunal authorisation ss 54–56 and 55(2), suspension/re‑activation of community orders s 53) and nested procedural triggers.","Multiple oversight and appeal layers: internal complaints (Part 13), community visitors and panels (Part 14), Tribunal reviews and composition rules (Part 15, ss 120–121), and appeals to the Supreme Court (Part 16, s 142).","Detailed regulation of high‑risk interventions and premises (psychosurgery prohibition ss 58–59, ECT licensing ss 66–73, major/ non‑psychiatric procedures ss 63–65) with licensing, reporting and offences.","Frequent administrative and notification requirements (many ‘notify within 1 day’ or review within 14/72/24 hours provisions) creating operational complexity and compliance burden."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes who may be admitted for psychiatric assessment, care and treatment, when they may be treated involuntarily and how those admissions and treatments are reviewed and authorised. Key statutory pathways are:\n  - Voluntary admission (s 25–29).\n  - Involuntary admission on the grounds of mental illness (criteria at s 14) or mental disturbance (s 15) or complex cognitive impairment (s 15A).\n  - Involuntary treatment in the community via interim and Tribunal community management orders (ss 45–53, 48–51).\n- Sets legal standards for informed consent and the minimum information that must be given before consent can be validly obtained (s 7). It also integrates with the Territory’s health decision‑making and guardianship regimes (see ss 8AA, 168B and references to the Health Care Decision Making Act 2023 and Guardianship of Adults Act 2016).\n- Confers powers and duties on a range of officials: the Chief Executive Officer (CEO) of the Agency (s 17), authorised psychiatric practitioners (s 22), designated mental health practitioners (s 23), authorised officers (s 23A), the Minister (to approve facilities, s 20), and the Tribunal (NTCAT) to review admissions, orders and treatment (Parts 15–16, ss 118–143).\n- Prescribes safeguards and procedures: frequent medical review requirements for detained persons (e.g. ss 39–44), notification and reporting obligations to carers, guardians and the Tribunal (e.g. ss 41, 43, 47, 168A), and internal complaints processes and independent oversight through community visitors and panels (Part 14, ss 100–116).\n- Regulates specific high‑risk treatments and restrictive measures: psychosurgery, coma therapy and sterilisation are prohibited (ss 58–60); mechanical restraint and seclusion are tightly regulated with recordkeeping and review requirements (ss 61–62); non‑psychiatric and major medical procedures for involuntary patients require consent or Tribunal/authorised practitioner authorisation (ss 63–64); electroconvulsive therapy has its own authorisation and licensing regime (ss 66–73).\n- Creates interface with courts and corrections: courts can order assessments and admissions from criminal proceedings (Part 10, ss 73A–76, 74A, 75); prisoners and detainees are covered with tailored rules (Part 11, ss 79–86); interstate transfer and registration of mental health orders are provided for (Part 18, ss 150, 154–158).\n\n**Who is affected**\n\n- Individuals receiving mental health care or undergoing assessment in the Northern Territory: voluntary patients, involuntary patients, persons subject to community management orders and prisoners (through Parts 5–7, 11, 12).  \n- Medical and allied health staff, approved treatment facilities and agencies (designation, staffing and licensing requirements — ss 20–23A, 66–71).  \n- Family, carers, adult guardians and decision makers who have rights to be notified, consulted and to apply for reviews (see ss 7A, 41, 43, 47, 87–90, 168C).  \n- The Territory government (CEO, Minister, Chief Health Officer) and the Tribunal (NTCAT) — they administer, fund, regulate, review and adjudicate under the Act.\n\n**Why it matters**\n\n- It balances two functions: enabling compulsory assessment/treatment where the statutory criteria are met and protecting legal rights and procedural safeguards (notice, frequent review, access to legal representation, and limits on restrictive practices). The Act specifies who may deprive someone of liberty for treatment, how that decision is made, and what review and appeal routes exist (Tribunal reviews, and appeals to the Supreme Court — ss 122–123, 142–143).\n\n**Official purpose claims and a practical test against costs, incentives and trade‑offs**\n\nThe statutory objects state the law is to provide appropriate care while protecting civil rights and aligning with international and national statements on mental health (s 3). Testing that claim against the Act’s mechanics shows the following concrete trade‑offs and implementation realities:\n\n- Liberty vs care: the Act authorises deprivation of liberty (involuntary admission and detention) where strict criteria are met (ss 14–16) but requires frequent clinical review (e.g. every 72 hours, s 40) and Tribunal oversight (ss 122–123). The trade‑off is explicit: time‑limited involuntary measures subject to administrative and judicial review.\n\n- Administrative discretion and operational burden: the CEO and authorised practitioners hold substantial operational discretion (CEO may approve procedures and direct practice, s 17–18; authorised practitioners make interim orders, s 45). Those discretionary powers create implementation risk and rely on Agency capacity — staffing, training and approved facilities must be in place (ss 20–23A). Many requirements are tightly time‑bound (notifications “no later than one day”, review within 14 days, 72‑hour review cycles), generating compliance and recordkeeping burdens for providers (see ss 41, 42, 44, 47, 50, 57).\n\n- Budget and fiscal cost: the Territory funds public treatment services, Tribunal reviews and community oversight machinery. Community management orders require supervised treatment delivered by approved agencies (ss 45–51), which implies ongoing costs for service delivery and case management paid by the Agency.\n\n- Effects on private enterprise and professional freedom: private psychiatrists may treat private patients in approved facilities subject to facility policies (s 169). The Act places limits on private practice where involuntary status or facility rules apply (ss 63–64 restrict non‑psychiatric and major procedures without consent or Tribunal authorisation). Licensing and reporting obligations (particularly for ECT: ss 66–73 and returns at s 73) create regulatory compliance costs for premises and practitioners.\n\n- Information, confidentiality and speech constraints: the Act tightly regulates disclosure of clinical information (s 91) with limited statutory exceptions (e.g. necessity to prevent imminent harm, police notifications s 91(2)(f), disclosure to decision makers s 91(2)(ka) and s 168C). Publication of identifying Tribunal participants is criminalised (s 138). These provisions limit some forms of disclosure and public reporting.\n\n- Concentrated benefits vs diffuse costs: benefits (funded treatment, structured access to Tribunal and oversight) are concentrated among patients who receive treatment and providers who are paid to deliver services; costs (administration, oversight, long‑term supported care) are borne by the Territory budget and, indirectly, taxpayers. Individuals whose liberty is restricted bear immediate costs.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: the Territory/Agency funds public treatment, Tribunal administration, community visitors and approved treatment services. Private patients pay for private psychiatrist services under s 169 where allowed.\n- Who decides: medical decisions are concentrated in authorised psychiatric practitioners and designated practitioners (ss 22–23A); legal and review decisions are made by the Tribunal (Part 15) and judges/courts in some circumstances (Part 10); the CEO and Minister decide approvals, procedures and facility declarations (ss 17–20).\n- Behaviour changes required: clinicians must document assessments, follow time‑limited review cycles and notification rules, obtain and record informed consent according to s 7, and comply with approved procedures; facilities must maintain records and allow community visitors; carers and guardians will be notified and can exercise review rights.\n\n**Implementation risks and compliance burdens (concrete examples from the Act)**\n\n- Tight reporting timelines (e.g. notifications within 1 day: ss 41, 43, 47, 168A) create operational pressure on providers and the Tribunal.\n- Licensing and specialised requirements for ECT (ss 66–73) and the recordkeeping and inspection regime for restraint and seclusion (ss 61–62, records to be inspected at least every 6 months by community visitors) require administrative capacity.\n- Cross‑legislative interactions (Disability Services Act, Health Care Decision Making Act, Guardianship Acts, Correctional Services Act and NTCAT Act — see ss 8AA, 8AB, 8A, references throughout) add complexity around consent, guardianship, and court procedures.\n\n**Summary in one line**\n\nThis Act creates the Territory’s statutory system for voluntary and involuntary mental health assessment, admission, treatment and review, sets procedural safeguards and special‑treatment controls, assigns roles and reporting duties to health and legal actors, and integrates with courts, corrections and guardian/decision‑making regimes (key parts: ss 7, 14–16, 34–39, 45–53, 61–66, Parts 10, 11, 15)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-and-related-services-act-1998","history":"/api/acts/mental-health-and-related-services-act-1998/history","analysis":"/api/acts/mental-health-and-related-services-act-1998/analysis","conflicts":"/api/acts/mental-health-and-related-services-act-1998/conflicts","importantCases":"/api/acts/mental-health-and-related-services-act-1998/important-cases","documents":"/api/acts/mental-health-and-related-services-act-1998/documents"}}