8Interpretation of Act

8 Interpretation of Act This Act is to be interpreted and a power or function conferred or imposed by this Act is to be exercised or performed so that: (a) a person who has a mental illness receives the best possible care and treatment in the least restrictive and least intrusive environment enabling the care and treatment to be effectively given; and

Mental Health and Related Services Act 1998 11 (b) in providing for the care and treatment of a person who has a mental illness and the protection of members of the public, any restriction on the liberty of the person and any other person who has a mental illness, and any interference with their rights, dignity, privacy and self respect is kept to the minimum necessary in the circumstances; and (c) the objective of treatment is directed towards the purpose of preserving and enhancing personal autonomy; and (d) the administration of medication to a person serves the best interests and health needs of the person and is administered only for therapeutic or diagnostic purposes and not as punishment or for the convenience of others; and (e) medication to be administered to a person is prescribed only by persons who are authorised by law to do so; and (f) a person who has a mental illness who needs language, interpreter, advocacy, legal or other services to assist him or her in communicating has access to those services; and (g) the assessment, care, treatment and protection of an Aboriginal person or a person from a non-English speaking background who has a mental illness is appropriate to, and consistent with, the person's cultural beliefs, practices and mores. 8AA Relationship with Disability Services Act 1993 (1) A person with a disability for whom a treatment order under the Disability Services Act 1993 is in force may be admitted as an involuntary patient. If a person with a disability for whom a treatment order under the Disability Services Act 1993 is in force is admitted as an involuntary patient, the treatment order for the person is suspended while the person is detained in an approved treatment facility – see section 14(3) of that Act. (2) A treatment order under the Disability Services Act 1993 may be made for a person under an order for the person's involuntary admission on the grounds of complex cognitive impairment under Part 6, Division 4. Note for subsection (2) The order under this Act for the person is revoked on the making of the treatment order under the Disability Services Act 1993 – see section 14(2) of that Act.

Mental Health and Related Services Act 1998 12 8AB Relationship with Youth Justice Act 2005 (1) This Act applies to a detainee as if: (a) a reference to a prisoner were a reference to the detainee; and (b) a reference to imprisonment were a reference to detention; and (c) a reference to a custodial correctional facility were a reference to a detention centre; and (d) a reference to the Commissioner of Correctional Services were a reference to the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice. (2) In this section: detainee, see section 5(1) of the Youth Justice Act 2005. detention centre, see section 5(1) of the Youth Justice Act 2005.