198AChief psychiatrist may make guidelines

198A Chief psychiatrist may make guidelines (1) The chief psychiatrist may make guidelines for a mental health facility, mental health professional or anyone else exercising a function under this Act, in relation to any matter under this Act. Note 1 A reference to an Act includes a reference to the statutory instruments Note 2 The function of making guidelines under this section must not be delegated (see s 200 (2) (b)). (2) A guideline must include a statement about how the guideline is consistent with— (a) the objects and principles of this Act; and (b) human rights. (3) If a guideline relates to a function under this Act exercised by a police officer or an authorised ambulance paramedic, the chief psychiatrist must consult the chief police officer or the chief officer (ambulance service) before making the guideline. (4) A mental health facility conducted by, or operating under an agreement with, the Territory must comply with a guideline that applies to the facility.

(5) A person employed or engaged at a mental health facility mentioned in subsection (4) must comply with a guideline that applies to the (6) A person, other than a person mentioned in subsection (5), exercising a function under this Act in relation to a matter for which a guideline has been made must consider the guideline in the exercise of the function. (7) A guideline may apply, adopt or incorporate a law of another jurisdiction or an instrument, as in force from time to time. Note A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)). (8) The Legislation Act, section 47 (6) does not apply in relation to a law or an instrument mentioned in subsection (7). Note A law or an instrument applied, adopted or incorporated under s (7) does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). (9) A guideline is a notifiable instrument. (10) In this section: law of another jurisdiction—see the Legislation Act, section 47 (10).