Mental Health Regulation 2017

1Short title

This regulation may be cited as the Mental Health Regulation 2017.

2Commencement

This regulation commences on 5 March 2017.

3Corresponding law—Act, sch 3, definition corresponding law

For the Act, schedule 3, definition corresponding law, each law of another State mentioned in schedule 1 is a corresponding law for the stated provision of the Act.

4Prescribed registrant—Act, sch 3, definition psychiatrist, paragraph (b)

(1)For the Act, schedule 3, definition psychiatrist, paragraph (b), each of the following types of registrants are prescribed—

(a)a registrant who holds limited registration to practise in an area of need in a specialist position in psychiatry;

(b)a registrant who holds limited registration to undertake postgraduate training or supervised practice in a specialist position in psychiatry;

(c)a registrant who holds provisional registration to practise in a specialist position in psychiatry.

(2)In this section—

limited registration means limited registration in the medical profession under the Health Practitioner Regulation National Law.

provisional registration means provisional registration in the medical profession under the Health Practitioner Regulation National Law.

5Consequential amendments of other legislation

Schedule 2 amends the legislation it mentions.

section 3

1Corresponding laws for provisions of Act relating to transfer of patients or transport of persons

(1)For a relevant provision, the corresponding laws are each of the following—

•Mental Health Act 2015 (ACT)

•Mental Health Act 2007 (NSW)

•Mental Health Act 2009 (SA)

•Mental Health Act 2013 (Tas)

•Mental Health Act 2014 (Vic)

•Mental Health Act 2014 (WA)

•Mental Health and Related Services Act 1998 (NT).

(2)In this section—

relevant provision means each of the following provisions of the Act—

•

section 355(7), definition interstate order

•section 357(4)

•section 369(2)

•section 370(1), (5)(b) and (6)

•section 520(2)(c)

•section 527(2)(c).

2Corresponding laws for Act, s 368(1)(b) and (2)

For section 368(1)(b) and (2) of the Act, the corresponding laws are each of the following—

• Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)

• Criminal Justice (Mental Impairment) Act 1999 (Tas)

•Criminal Law Consolidation Act 1935 (SA)

•Criminal Law (Mentally Impaired Accused) Act 1996 (WA)

•Magistrates Court Act 1930 (ACT)

•Mental Health and Related Services Act 1998 (NT)

•Mental Health (Forensic Provisions) Act 1990 (NSW)

•the general law of a State providing for a person’s apprehension under a warrant.

3Corresponding laws for Act, s 513, definition interstate forensic order

For section 513 of the Act, definition interstate forensic order, the corresponding laws are each of the following—

• Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)

•Criminal Code Act 1983 (NT)

• Criminal Justice (Mental Impairment) Act 1999 (Tas)

•Criminal Law Consolidation Act 1935 (SA)

•Criminal Law (Mentally Impaired Accused) Act 1996 (WA)

•Mental Health Act 2015 (ACT)

•Mental Health (Forensic Provisions) Act 1990 (NSW).

4Corresponding laws for Act, ss 513 and 521, definition interstate transfer requirements

For section 513 of the Act, definition interstate transfer requirements and section 521 of the Act, definition interstate transfer requirements, the corresponding laws are each of the following—

• Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)

•Mental Health Act 2015 (ACT)

•Mental Health Act 2007 (NSW)

•Mental Health Act 2013 (Tas)

•Mental Health and Related Services Act 1998 (NT).

section 5

1Section 18, table, item 1, column 2, ‘the Director of Mental Health appointed under the Mental Health Act 2000’—

omit, insert—

the chief psychiatrist appointed under the Mental Health Act 2016

1Rule 42(5)(e), ‘Tribunal’—

omit, insert—

Court

2Schedule 3, form 203, heading and item 1, ‘Mental Health Act 2000’—

omit, insert—

Mental Health Act 2016

1Section 5(1)(d)—

omit.

2Section 5(1)(e) to (j)—

renumber as section 5(1)(d) to (i).

1Section 29(3), definition mental illness, ‘Mental Health Act 2000, section 12’—

omit, insert—

Mental Health Act 2016, section 10

2Schedule 3, part 2, item 15—

omit.

1Schedule, entry for Mental Health Review Tribunal, from ‘established’—

omit, insert—

continued under the Mental Health Act 2016

1Rule 21(3)(b)(v)(C), from ‘forensic order’—

omit, insert—

treatment authority, forensic order or treatment support order under the Mental Health Act 2016—the chief psychiatrist appointed under that Act; and

1Section 17(b)(iii), from ‘(however called)’—

omit, insert—

under the Mental Health Act 2016, or another order, however described, made under a law of another State that provides for similar matters to a recommendation for assessment.