4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > accredited person means a person accredited under section 136. > > > > ambulance officer means a member of staff of the NSW Health Service who is authorised by the Secretary to exercise functions of an ambulance officer under this Act. > > > > assessable person—see section 17. > > > > authorised medical officer of a mental health facility means— > > > > > (a) the medical superintendent of the mental health facility, or > > > > > (b) a medical officer, nominated by the medical superintendent for the purposes of this Act, attached to the mental health facility concerned. > > > > community treatment order means a community treatment order in force under Part 3 of Chapter 3. > > > > correctional patient has the same meaning as it has in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012). > > > > Court means the Supreme Court. > > > > declared mental health facility means premises subject to an order in force under section 109. > > > > Deputy President means a person appointed as a Deputy President of the Tribunal. > > > > designated carer—see section 71. > > > > determination of the Tribunal includes an order, direction or decision of the Tribunal. > > > > director of community treatment—see section 50. > > > > exercise a function includes perform a duty. > > > > forensic patient has the same meaning as it has in the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012). > > > > function includes a power, authority or duty. > > > > guardian, in relation to the exercise of any function under this Act by the guardian of a person under guardianship, means a guardian who is able to exercise that function. > > > > involuntary patient means— > > > > > (a) a person who is ordered to be detained as an involuntary patient after a mental health inquiry or otherwise by the Tribunal, or > > > > > (b) a forensic patient who is re-classified as an involuntary patient under the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012), or > > > > > (c) a correctional patient who is re-classified as an involuntary patient under the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012). > > > > medical superintendent— > > > > > (a) of a declared mental health facility, means the medical practitioner appointed, under section 111, as medical superintendent of the facility, or > > > > > (b) of a private mental health facility, means the medical practitioner appointed, under section 124, as medical superintendent of the facility. > > > > mental health certificate—see section 17. > > > > mental health facility means a declared mental health facility or a private mental health facility. > > > > mental health inquiry means an inquiry conducted by the Tribunal under Division 3 of Part 2 of Chapter 3. > > > > mental illness means a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterised by the presence in the person of any one or more of the following symptoms— > > > > > (a) delusions, > > > > > (b) hallucinations, > > > > > (c) serious disorder of thought form, > > > > > (d) a severe disturbance of mood, > > > > > (e) sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms referred to in paragraphs (a)–(d). > > > > mentally disordered person—see section 15. > > > > mentally ill person—see section 14. > > > > parent, of a child, means any person having parental responsibility (within the meaning of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157)) for the child. > > > > patient means a person who is admitted to a mental health facility in accordance with this Act and who is in the facility following the person’s admission, and includes a person so admitted while absent from the facility either with or without leave of absence. > > > > person under guardianship means a person under guardianship within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257). > > > > premises includes any land, building and part of any building. > > > > President means the President of the Tribunal. > > > > principal care provider—see section 72A. > > > > private mental health facility means premises subject to a licence under Division 2 of Part 2 of Chapter 5. > > > > Secretary means the Secretary of the Ministry of Health. > > > > spouse means— > > > > > (a) the person to whom a person is legally married (including the husband or wife of a person), or > > > > > (b) a de facto partner, > > > > but where more than one person would qualify as a spouse, means only the last person to so qualify. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > surgical operation—see section 98. > > > > Tribunal means the Mental Health Review Tribunal constituted under Chapter 6. > > > > voluntary patient means— > > > > > (a) a person who has been admitted to a mental health facility under Chapter 2, or > > > > > (b) a person who has been re-classified as a voluntary patient under this Act. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) Notes included in this Act (other than in Schedule 1) do not form part of this Act. > > **s 4:** Am 2007 No 82, Sch 2.9; 2008 No 79, Sch 2 \[1\] \[2\]; 2008 No 107, Sch 16 \[1\] \[2\]; 2010 No 19, Sch 3.65 \[1\] \[2\]; 2013 No 24, Sch 5 \[1\]; 2014 No 85, Sch 1 \[5\] \[6\]; 2018 No 28, Sch 1.20; 2020 No 12, Sch 3.17\[1\]–\[3\].