2007 No 553 New South Wales Mental Health Regulation 2007 under the Mental Health Act 2007 His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Mental Health Act 2007. REBA MEAGHER, M.P., Minister for Health Explanatory note The object of this Regulation is to prescribe the following matters for the purposes of the Mental Health Act 2007: (a) procedural matters relating to mental health inquiries held by Magistrates to determine whether persons should be detained as involuntary patients, including information notices, the form of summons for witnesses, the form of orders and a requirement that a person brought before an inquiry has been supplied with shaving equipment or make-up, (b) procedural matters relating to appeals against refusals to discharge patients, (c) enabling a director of community treatment of a mental health facility and a primary carer of a person to apply for a community treatment order for a person, (d) the form for an application for variation or revocation of a community treatment order and enabling the Mental Health Review Tribunal (the Tribunal) to make orders on an appeal varying, revoking or confirming community treatment orders, (e) that psychosurgery (which is prohibited) is not to include neurological procedures for treating the symptoms of Parkinsons Disease, (f) the forms for procedures for obtaining consent with respect to electro convulsive therapy, (g) fees relating to licences for mental health facilities, (h) the constitution of the Tribunal for specified proceedings and the form of summons to be issued by the Tribunal in proceedings, Published in Gazette No 169 of 16 November 2007, page 8469 Page 1 2007 No 553 Mental Health Regulation 2007 Explanatory note requirements (contained in the Mental Health Regulation 2000) relating to the recognition of agreements with the Australian Capital Territory, Victoria and Queensland, the transfer of patients to interstate mental health facilities in the Australian Capital Territory, Victoria and Queensland from New South Wales, the transfer of patients from such interstate facilities to New South Wales and the recognition and treatment of interstate patients under interstate community treatment orders, (j) the term of appointment of a primary carer nominated by a patient or person as a period of 12 months, (k) information to be provided to former patients about follow up care, (l) the matters to be included in the annual report by the Director-General of the Department of Health relating to mental health services, (m) the form of oath to be taken by assessors assisting the Supreme Court for the purposes of the Mental Health Act 2007, (n) the information about involuntary referrals and patients, and mental health inquiries, to be reported by medical superintendents of mental health facilities to the Tribunal. This Regulation is made under the Mental Health Act 2007, including sections 27, 44, 51 (2) (c), 67, 72 (5), 76 (3), 79, 83 (2) (the definition of psychosurgery), 91 (3), 93 (1) (a), 96 (3) (a), 97, 108, 115 (2) (b), 118 (b), 119, 129 (2), 131 (1), 150 (5), 157 (1), 165, 170 (the definitions of corresponding law and interstate community treatment order), 174 (2) and (3), 176 (3) and (4), 177, 179 (2) and (4) (a), 182, 184, 185, 186 (1) (b), 187 and 196 (the general regulation-making power), clause 5 of Schedule 2 and clause 1 of Schedule 6. (i) Page 2 2007 No 553 Mental Health Regulation 2007 Contents Page Part 1 Preliminary 1 2 3 Name of Regulation Commencement Definitions 6 6 6 Part 2 Admission to, and care in, mental health facilities Division 1 4 5 6 7 8 9 Involuntary admission to mental health facilities 7 7 7 7 7 7 Mental health inquiries Medical report as to mental state of detained person Notice of appearance before Magistrate Appearance before a Magistrate or the Tribunal Form of summons (inquiry by Magistrate) Compliance with summons (inquiry by Magistrate) Discharge of patients Appeal against refusal to discharge Division 2 Division 3 Part 3 Community treatment orders 10 11 Persons who may apply for a community treatment order Orders that may be made on appeal under section 67 9 9 Part 4 Treatments for mental illness Division 1 12 13 14 15 Division 2 Psychosurgery 10 10 10 10 Electro convulsive therapy Psychosurgery Procedure before consent to electro convulsive therapy Consent to electro convulsive therapy Register of information relating to electro convulsive therapy Part 5 Private mental health facilities 16 17 18 Application fee for licence for private mental health facility Annual licence fee for private mental health facility Fee for duplicate licence 11 11 11 Page 3 2007 No 553 Mental Health Regulation 2007 Contents Page Part 6 Official visitors 19 20 Additional qualified persons Visits to mental health facilities 12 12 Part 7 Mental Health Review Tribunal 21 22 Constitution of Tribunal for certain proceedings Summons to attend as witness or to produce evidence 13 13 Part 8 Interstate patients and mental health laws Division 1 23 24 25 Preliminary 14 15 16 Definitions Recognition of existing previous interstate agreements Corresponding laws Apprehension of persons absent from mental health facility or in breach of orders 16 16 Division 2 26 27 Recognition of interstate orders Apprehension of patients and persons under interstate apprehension orders Transfer of patients and persons from this State Division 3 28 29 Admission of persons to interstate mental health facilities and facilities Transfer of patients from this State to interstate mental health facilities Transfer of persons to this State 17 17 Division 4 30 31 Admission of interstate persons to mental health facilities in this State Transfer of interstate persons to mental health facilities in this State Community treatment orders Victorian community treatment orders relating to New South Wales residents ACT treatment orders relating to New South Wales residents Queensland treatment orders relating to New South Wales residents Limitations on treatment under interstate community treatment orders 19 19 Division 5 32 33 34 35 21 21 21 22 Page 4 2007 No 553 Mental Health Regulation 2007 Contents Page Part 9 Patients funds and accounts 36 37 38 39 40 41 42 43 Trust funds Patients Trust Fund Withdrawals from patients' accounts Discharge or death of patient Patients' accounts to form one fund Payments to and from Interest Account Distribution of Interest Account Patients Amenities Account 23 23 23 24 24 24 24 25 Part 10 Miscellaneous 44 45 46 47 48 49 50 Term of nominations of primary carers Information as to follow-up care after discharge Annual report by Director-General Oath of office--assessors Involuntary referrals to be reported to Tribunal Mental health inquiries to be reported to Tribunal Order or direction by Magistrate--mental health inquiries 26 26 26 26 26 27 27 28 Schedule 1 Forms Page 5 2007 No 553 Clause 1 Part 1 Mental Health Regulation 2007 Preliminary Mental Health Regulation 2007 under the Mental Health Act 2007 Part 1 1 Preliminary This Regulation is the Mental Health Regulation 2007. Name of Regulation 2 Commencement This Regulation commences on 16 November 2007. 3 Definitions (1) In this Regulation: approved form means a form approved by the Minister. Form means a form set out in Schedule 1. the Act means the Mental Health Act 2007. Notes included in this Regulation do not form part of this Regulation. (2) Page 6 2007 No 553 Mental Health Regulation 2007 Admission to, and care in, mental health facilities Clause 4 Part 2 Part 2 Division 1 4 Admission to, and care in, mental health facilities Involuntary admission to mental health facilities For the purposes of: (a) section 27 (a) of the Act, the certificate of the authorised medical officer may be in the form set out in Form 1, and (b) section 27 (b) and (c) of the Act, the prescribed form of advice to the authorised medical officer is the form set out in Form 1. Medical report as to mental state of detained person Division 2 5 Mental health inquiries Notice under section 76 (3) of the Act is given in accordance with this Regulation if it is in the form set out in Form 2 and is served on the person or persons entitled to be given the notice. Notice of appearance before Magistrate 6 Appearance before a Magistrate or the Tribunal In addition to any other requirements of the Act, and this Regulation, the medical superintendent is to ensure that a person to be brought before a Magistrate or the Tribunal has, so far as is reasonably practicable, been supplied with shaving equipment or make-up. 7 Form of summons (inquiry by Magistrate) For the purposes of clause 5 of Schedule 2 to the Act, the prescribed form of summons is Form 3. 8 Compliance with summons (inquiry by Magistrate) If a summons to produce documents at an inquiry is issued under clause 5 of Schedule 2 to the Act, and the summons specifies a place at which the documents may be produced, any of those documents produced at that place before the commencement of the inquiry are taken to have been duly produced in compliance with the summons. Division 3 9 Discharge of patients An involuntary patient may appeal under section 44 of the Act: (a) by serving on the medical superintendent of the mental health facility a notice in the form set out in Form 4, or Appeal against refusal to discharge (1) Page 7 2007 No 553 Clause 9 Part 2 Mental Health Regulation 2007 Admission to, and care in, mental health facilities (b) (2) by declaring to the medical superintendent of the mental health facility a desire to appeal to the Tribunal. A person, other than a patient, who has a right to appeal under section 44 of the Act, may appeal: (a) by lodging at the office of the Tribunal, or by serving on the Tribunal by post, a notice in the form set out in Form 5, or (b) by serving such a notice on the medical superintendent of the mental health facility, or (c) by declaring to the medical superintendent of the mental health facility, in the presence of the patient, that the patient wishes to appeal to the Tribunal. If an appeal is made under subclause (2) (a), the Registrar of the Tribunal must notify the medical superintendent accordingly. If an appeal is made under this clause, the Registrar of the Tribunal must call on the authorised medical officer to provide the report required by section 44 (3) of the Act. (3) (4) Page 8 2007 No 553 Mental Health Regulation 2007 Community treatment orders Clause 10 Part 3 Part 3 10 Community treatment orders For the purposes of section 51 (2) (c) of the Act, the following persons may apply for a community treatment order for an affected person: (a) a director of community treatment of a mental health facility who is familiar with the clinical history of the affected person, (b) the primary carer of the affected person. Persons who may apply for a community treatment order 11 Orders that may be made on appeal under section 67 On the hearing of an appeal under section 67 of the Act, the Tribunal may make an order revoking, varying or confirming the order the subject of the appeal. Page 9 2007 No 553 Clause 12 Part 4 Mental Health Regulation 2007 Treatments for mental illness Part 4 Division 1 12 Treatments for mental illness Psychosurgery For the purposes of section 83 of the Act, psychosurgery does not include a neurological procedure carried out for the relief of symptoms of Parkinsons Disease. Psychosurgery Division 2 13 Electro convulsive therapy For the purposes of section 91 (3) of the Act, the prescribed form is Part 1 of Form 6. Procedure before consent to electro convulsive therapy 14 Consent to electro convulsive therapy (1) (2) For the purposes of section 93 (1) (a) of the Act, the prescribed form is Part 2 of Form 6. For the purposes of section 96 (3) (a) of the Act, consent to the administration of electro convulsive therapy may be given in the form set out in Part 3 of Form 6. The register to be kept under section 97 of the Act in relation to treatments by electro convulsive therapy is to be a book in which pages containing the information required or permitted to be set out by Form 7 are completed in relation to each patient or other person undergoing the treatment. 15 Register of information relating to electro convulsive therapy Page 10 2007 No 553 Mental Health Regulation 2007 Private mental health facilities Clause 16 Part 5 Part 5 16 Private mental health facilities For the purposes of section 115 (2) (b) of the Act, the prescribed fee is $80. Application fee for licence for private mental health facility 17 Annual licence fee for private mental health facility For the purposes of section 118 (b) of the Act, the prescribed annual licence fee is $80. 18 Fee for duplicate licence For the purposes of section 119 of the Act, the prescribed fee for a duplicate licence is $40. Page 11 2007 No 553 Clause 19 Part 6 Mental Health Regulation 2007 Official visitors Part 6 19 Official visitors For the purposes of section 129 (2) of the Act, a person may be appointed as an official visitor if the person has any of the following qualifications: (a) the person is a registered nurse under the Nurses and Midwives Act 1991, (b) the person is a social worker eligible for membership of the Australian Association of Social Workers, (c) the person is an occupational therapist eligible for accreditation by the Australian Association of Occupational Therapists, (d) the person is a speech pathologist eligible for membership of Speech Pathology Australia. Additional qualified persons 20 Visits to mental health facilities For the purposes of section 131 (1) of the Act: (a) 2 or more official visitors must visit each mental health facility that treats patients on an in-patient basis once a month, (b) 2 or more official visitors must visit each mental health facility that only treats patients on an out-patient basis once every 6 months. Page 12 2007 No 553 Mental Health Regulation 2007 Mental Health Review Tribunal Clause 21 Part 7 Part 7 21 Mental Health Review Tribunal The Tribunal must be constituted by 3 persons for the purposes of exercising the following functions: (a) a review of a voluntary patient under section 9 of the Act, (b) a review of an involuntary patient under section 37 of the Act, (c) determining an appeal under section 44 of the Act, (d) determining an application for a community treatment order or for the variation or revocation of a community treatment order (other than an application for variation or revocation that is not contested), (e) a review under section 63 of the Act of a detained person, (f) determining an appeal by an affected person under section 67 of the Act, (g) conducting an ECT inquiry within the meaning of Division 3 of Part 2 of Chapter 4 of the Act, (h) determining an application for consent to the performance of a surgical operation on an involuntary patient under section 101 of the Act, (i) determining an application for consent to the carrying out of special medical treatment on an involuntary patient under section 103 of the Act. Constitution of Tribunal for certain proceedings 22 Summons to attend as witness or to produce evidence For the purposes of section 157 (1) of the Act, a summons issued by the Tribunal is to be in Form 8. Page 13 2007 No 553 Clause 23 Part 8 Mental Health Regulation 2007 Interstate patients and mental health laws Part 8 Division 1 23 Interstate patients and mental health laws Preliminary In this Part: ACT means the Australian Capital Territory. ACT approved facility means an approved health facility or approved mental health facility within the meaning of the Mental Health (Treatment and Care) Act 1994 of the ACT. administrator means the person declared to be an administrator of a Queensland authorised mental health service under section 497 of the Mental Health Act 2000 of Queensland. authorised psychiatrist means a person appointed as such under section 96 of the Mental Health Act 1986 of Victoria. civil interstate apprehension order means a Civil Interstate Apprehension Order issued under the Victorian civil agreement, the ACT civil agreement or the Queensland civil agreement. forensic interstate apprehension order means an interstate apprehension order issued under the Victorian agreement or the Queensland agreement. interstate agreement means any of the following agreements with respect to the interstate application of mental health laws: (a) the agreement dated 19 February 2002 made between the Minister and the Minister for Health for Victoria (the Victorian agreement), (b) the agreement dated 23 April 2002 made between the Minister and the Minister for Health for Queensland (the Queensland agreement), (c) the agreement dated 19 August 2002 made between the Minister and the Minister for Health for Victoria (the Victorian civil agreement), (d) the agreement dated 18 November 2003 made between the Minister and the Minister for Health for the ACT (the ACT civil agreement), (e) the agreement dated 18 October 2004 made between the Minister and the Minister for Health for Queensland (the Queensland civil agreement). interstate apprehension order means a civil interstate apprehension order or a forensic interstate apprehension order. Definitions (1) Page 14 2007 No 553 Mental Health Regulation 2007 Interstate patients and mental health laws Clause 24 Part 8 interstate mental health facility means any of the following: (a) a Victorian mental health facility, (b) an ACT approved facility, (c) a Queensland authorised mental health service. interstate patient means a Victorian patient or a Queensland patient. interstate transfer request notice means an Interstate Transfer Request Notice issued under the Victorian civil agreement, ACT civil agreement or Queensland civil agreement. NSW ambulance officer means an ambulance officer or a person appointed to be an honorary ambulance officer by the Ambulance Service of New South Wales. NSW police officer means a police officer within the meaning of the Police Act 1990. Queensland authorised mental health service means a health service, or part of a health service, declared to be an authorised mental health service under section 495 of the Mental Health Act 2000 of Queensland. Queensland patient has the same meaning as it has in the Queensland agreement. relevant corresponding law means any of the following: (a) in relation to the Victorian agreement, the Victorian civil agreement and a Victorian patient, the Mental Health Act 1986 of Victoria, or (b) in relation to the Queensland agreement, the Queensland civil agreement and a Queensland patient, the Mental Health Act 2000 of Queensland, or (c) in relation to the ACT civil agreement, the Mental Health (Treatment and Care) Act 1994 of the ACT. Victorian mental health facility means an approved mental health service within the meaning of the Mental Health Act 1986 of Victoria. Victorian patient has the same meaning as it has in the Victorian agreement. (2) 24 Words and expressions used in this Part have the same meanings as they have in Chapter 8 of the Act. An agreement entered into under Chapter 10A of the Mental Health Act 1990, and in force immediately before the repeal of that Chapter, is, subject to this Part, taken to be an agreement entered into under Chapter 8 of the Act. Recognition of existing previous interstate agreements Page 15 2007 No 553 Clause 25 Part 8 Mental Health Regulation 2007 Interstate patients and mental health laws 25 Corresponding laws The following laws are corresponding laws for the purposes of Chapter 8 of the Act: Mental Health Act 1986 of Victoria Mental Health Act 2000 of Queensland Mental Health (Treatment and Care) Act 1994 of the ACT Division 2 26 Apprehension of persons absent from mental health facility or in breach of orders For the purposes of section 185 of the Act, it is a condition of recognition of an interstate apprehension order that it must comply with the interstate agreement under which it is issued and any applicable requirements of the relevant corresponding law. Recognition of interstate orders 27 Apprehension of patients and persons under interstate apprehension orders (1) The following persons are authorised to apprehend an interstate patient or other person who is liable to be apprehended under an interstate apprehension order: (a) a person who is authorised to apprehend the patient or other person under any order made under the relevant corresponding law, (b) in the case of a forensic interstate apprehension order, a person who is authorised to retake a forensic patient under section 60 of the Mental Health (Criminal Procedure) Act 1990, (c) in the case of a civil interstate apprehension order, a person who is authorised to apprehend a patient or other person under section 48 of the Act. Note. Under section 186 (1) of the Act, a police officer and any person authorised to do so under a provision of a corresponding law may also apprehend such a person. (2) The following actions may, in accordance with an interstate agreement, be taken in respect of an interstate patient or other person who is liable to be apprehended under an interstate apprehension order: (a) the patient or person may be conveyed to and detained in any declared mental health facility, (b) the patient or person may be conveyed to or transferred to: (i) in the case of a Victorian patient or person subject to a civil interstate apprehension order under the Victorian civil Page 16 2007 No 553 Mental Health Regulation 2007 Interstate patients and mental health laws Clause 28 Part 8 (ii) (iii) (iv) agreement, an approved mental health service within the meaning of the Mental Health Act 1986 of Victoria, or in the case of a Queensland patient, an authorised mental service within the meaning of Chapter 2 of the Mental Health Act 2000 of Queensland, or in the case of a person subject to a civil interstate apprehension order under the ACT civil agreement, an ACT approved facility, or in the case of a person subject to a civil interstate apprehension order under the Queensland civil agreement, a Queensland authorised mental health service. Division 3 28 Transfer of patients and persons from this State For the purposes of section 174 (2) (b) of the Act, the following persons are authorised to take a person to an interstate mental health facility: (a) the medical superintendent of a mental health facility in this State or a person authorised by the medical superintendent, (b) a NSW police officer, (c) a NSW ambulance officer (except where the person is being taken to a Queensland authorised mental health service). For the purposes of section 174 (3) (c) of the Act, the following are mental health facilities to which a person may be taken under section 174 of the Act: (a) a Victorian mental health facility, (b) an ACT approved facility, (c) a Queensland authorised mental health service. Note. Under section 174 (2) of the Act, a person who is authorised under a corresponding law may also take a person to an interstate mental health facility. Admission of persons to interstate mental health facilities and facilities (1) (2) 29 Transfer of patients from this State to interstate mental health facilities (1) For the purposes of section 176 (3) of the Act, the following persons are authorised to take a patient from a mental health facility in this State to an interstate mental health facility: (a) the medical superintendent of a mental health facility in this State or a person authorised by the medical superintendent, (b) a NSW police officer, (c) a NSW ambulance officer (except where the person is being taken to a Queensland authorised mental health service). Page 17 2007 No 553 Clause 29 Part 8 Mental Health Regulation 2007 Interstate patients and mental health laws (2) For the purposes of section 176 (4) (a) and (b) of the Act, the medical superintendent of a mental health facility in this State that is transferring a person, involuntarily detained as an involuntary patient, to a Victorian mental health facility must: (a) before transferring the person: (i) provide the Victorian mental health facility with a completed interstate transfer request notice in the form specified in the Victorian civil agreement, and (ii) ensure that the transfer has been approved in writing by the authorised psychiatrist (or that person's delegate) of the Victorian mental health facility, and (b) forward to the authorised psychiatrist of the Victorian mental health facility an order in writing in an approved form authorising the transfer and any other information (including medical records) that the superintendent considers to be reasonably necessary for the continued care and treatment of the person. For the purposes of section 176 (4) (a) and (b) of the Act, the medical superintendent of a mental health facility in this State that is transferring a person, involuntarily detained as an involuntary patient, to an ACT approved facility must: (a) before transferring the person: (i) provide the person in charge of the ACT approved facility with a completed interstate transfer request notice in the form specified in the ACT civil agreement, and (ii) ensure that the transfer has been approved in writing by the ACT Chief Psychiatrist (or his or her delegate), and (b) forward to the person in charge of the ACT approved facility an interstate transfer order and any other information (including medical records) that the superintendent considers to be reasonably necessary for the continued care and treatment of the person. For the purposes of section 176 (4) (a) and (b) of the Act, the medical superintendent of a mental health facility in this State that is transferring a person, involuntarily detained as an involuntary patient, to a Queensland authorised mental health service must: (a) before transferring the person: (i) provide the administrator of the Queensland authorised mental health service with a completed interstate transfer request notice in the form specified in the Queensland civil agreement, and (3) (4) Page 18 2007 No 553 Mental Health Regulation 2007 Interstate patients and mental health laws Clause 30 Part 8 (b) ensure that the transfer has been approved in writing by the administrator (or his or her delegate), and forward to the administrator of the Queensland authorised mental health service an interstate transfer order and any other information (including medical records) that the superintendent considers to be reasonably necessary for the continued care and treatment of the person. (ii) (5) For the purposes of section 176 (4) (e) of the Act, the following are mental health facilities to which a person may be taken under section 176 of the Act: (a) a Victorian mental health facility, (b) an ACT approved facility, (c) a Queensland authorised mental health service. Note. Under section 176 (3) of the Act, a person who is authorised under a corresponding law may also take a person to an interstate mental health facility. Division 4 30 Transfer of persons to this State For the purposes of section 177 (2) (b) of the Act, the following persons are authorised to take a person to a mental health facility in this State from Victoria, the ACT or Queensland: (a) the medical superintendent of a mental health facility in this State or a person authorised by the medical superintendent, (b) a NSW police officer, (c) a NSW ambulance officer. For the purposes of section 177 of the Act, a person may be taken to any declared mental health facility. Note. Under section 177 (2) of the Act, a person who is authorised under a corresponding law may also take a person to a mental health facility in this State. Admission of interstate persons to mental health facilities in this State (1) (2) 31 Transfer of interstate persons to mental health facilities in this State (1) For the purposes of section 179 (2) of the Act, the following persons are authorised to take a patient from an interstate mental health facility to a declared mental health facility in this State: (a) the medical superintendent of a mental health facility in this State or a person authorised by the medical superintendent, (b) a NSW police officer, (c) a NSW ambulance officer (except where the person is being taken from a Queensland authorised mental health service). Page 19 2007 No 553 Clause 31 Part 8 Mental Health Regulation 2007 Interstate patients and mental health laws (2) For the purposes of section 179 (4) (a) of the Act, a person detained as an involuntary patient under the Mental Health Act 1986 of Victoria must not be transferred from a Victorian mental health facility to a declared mental health facility in this State unless: (a) before transferring the person: (i) the authorised psychiatrist of the Victorian mental health facility provides the medical superintendent of the mental health facility in this State with a completed interstate transfer request notice in the form specified in the Victorian civil agreement, and (ii) the transfer is approved in writing by the medical superintendent of the mental health facility in this State, and (b) the authorised psychiatrist of the Victorian mental health facility provides a copy of the transfer order made under section 93G of the Mental Health Act 1986 of Victoria and any other information (including medical records) that the psychiatrist considers to be reasonably necessary for the continued care and treatment of the person. For the purposes of section 179 (4) (a) of the Act, a person detained as an involuntary patient under the Mental Health (Treatment and Care) Act 1994 of the ACT must not be transferred from an ACT approved facility to a declared mental health facility in this State unless: (a) before transferring the person: (i) the ACT Chief Psychiatrist (or his or her delegate) provides the medical superintendent of the mental health facility in this State with a completed interstate transfer request notice in the form specified in the ACT civil agreement, and (ii) the transfer is approved in writing by the medical superintendent of the mental health facility in this State, and (b) the ACT Chief Psychiatrist (or his or her delegate) provides a copy of the transfer order relating to the person and any other information (including medical records) that he or she considers to be reasonably necessary for the continued care and treatment of the person. For the purposes of section 179 (4) (a) of the Act, a person subject to an in-patient category involuntary treatment order under the Mental Health Act 2000 of Queensland must not be transferred from a Queensland authorised mental health service to a declared mental health facility in this State unless: (3) (4) Page 20 2007 No 553 Mental Health Regulation 2007 Interstate patients and mental health laws Clause 32 Part 8 (a) (b) before transferring the person: (i) the administrator of the Queensland authorised mental health service (or his or her delegate) provides the medical superintendent of the mental health facility in this State with a completed interstate transfer request notice in the form specified in the Queensland civil agreement, and (ii) the transfer is approved in writing by the medical superintendent of the mental health facility in this State, and the administrator of the Queensland authorised mental health service (or his or her delegate) provides a copy of the transfer order relating to the person and any other information (including medical records) that he or she considers to be reasonably necessary for the continued care and treatment of the person. Note. Under section 179 (2) of the Act, a person who is authorised under a corresponding law may also take a patient to a declared mental health facility in this State from an interstate mental health facility. Division 5 32 Community treatment orders Victorian community treatment orders relating to New South Wales residents (1) (2) A community treatment order made under section 14 of the Mental Health Act 1986 of Victoria is declared to be an interstate community treatment order for the purposes of Chapter 8 of the Act. For the purposes of section 182 of the Act, an approved mental health service within the meaning of the Mental Health Act 1986 of Victoria is a mental health facility of another State. An involuntary psychiatric treatment order made under section 28 of the Mental Health (Treatment and Care) Act 1994 of the ACT is declared to be an interstate community treatment order for the purposes of Chapter 8 of the Act. For the purposes of section 182 of the Act, an ACT approved facility is a mental health facility of another State. A community category involuntary treatment order made under Division 1 of Part 1 of Chapter 4 of the Mental Health Act 2000 of Queensland is declared to be an interstate community treatment order for the purposes of Chapter 8 of the Act. 33 ACT treatment orders relating to New South Wales residents (1) (2) 34 Queensland treatment orders relating to New South Wales residents (1) Page 21 2007 No 553 Clause 35 Part 8 Mental Health Regulation 2007 Interstate patients and mental health laws (2) 35 For the purposes of section 182 of the Act, a Queensland authorised mental health service is a mental health facility of another State. For the purposes of section 184 of the Act, a person must not administer electro convulsive therapy for the purposes of implementing an interstate community treatment order. Limitations on treatment under interstate community treatment orders Page 22 2007 No 553 Mental Health Regulation 2007 Patients funds and accounts Clause 36 Part 9 Part 9 36 Patients funds and accounts The responsible person for a mental health facility must establish and maintain, in an authorised deposit-taking institution approved by the Treasurer: (a) a Patients Trust Fund, and (b) a Patients Amenities Account. The Director-General must establish and maintain, in an authorised deposit-taking institution approved by the Treasurer, an Interest Account. For the purposes of this Part, the responsible person is: (a) in relation to a declared mental health facility, the Director-General, and (b) in relation to a private mental health facility, the medical superintendent of the facility. Money received by the responsible person from a patient for custody on behalf of the patient or from some other person for the benefit, use or enjoyment of a specified patient, is to be paid into the relevant Patients Trust Fund. The responsible person is to keep a separate current account in the relevant Patients Trust Fund in respect of each patient. Money standing to the credit of a patient's account may be withdrawn by the patient for any purpose that, in the opinion of the responsible person, is for the benefit, use or enjoyment of the patient. If, in the opinion of the responsible person, a patient is incapable, through infirmity arising from disease or age or other reason, of withdrawing and safeguarding money from the patient's account, the responsible person may authorise the withdrawal of such sum from the patient's account as the responsible person considers necessary for the purchase of goods and services for the benefit, use or enjoyment of the patient. A certificate, signed by 2 persons employed on the staff of a mental health facility, to the effect that the goods or services represented by the sum withdrawn under this section have been received by the patient for the benefit, use or enjoyment of the patient is evidence that the patient Trust funds (1) (2) (3) 37 Patients Trust Fund (1) (2) (3) 38 Withdrawals from patients' accounts (1) (2) Page 23 2007 No 553 Clause 39 Part 9 Mental Health Regulation 2007 Patients funds and accounts has received those goods or services and that they are for the benefit, use or enjoyment of the patient. 39 Discharge or death of patient After the discharge or death of a patient the management of whose estate has been committed to the Protective Commissioner, the responsible person must pay to the Protective Commissioner any money standing to the credit of the patient in the patient's account. 40 Patients' accounts to form one fund (1) (2) Subject to the Act and this Regulation, money standing to the credit of patients' accounts in respect of public hospitals within the meaning of the Health Services Act 1997 are to constitute one fund. The fund may be invested by the Director-General in accordance with and subject to the Trustee Act 1925 or in any other form of investment approved by the Treasurer. There is to be paid into the Interest Account: (a) income from the investment of the fund constituted under clause 40, and (b) any capital gain made on the realisation of the investment. There is to be paid out of the Interest Account: (a) any loss incurred on the realisation of the investment of the fund constituted under section 40, and (b) at such time or times as the Director-General may determine, such management fees of the Director-General as the Director-General may determine. The Director-General must, at least once a year, after making the payments referred to in clause 41 (2), distribute the funds of the Interest Account by crediting those funds to each patient's current account proportionately according to: (a) the amount standing to the credit of the patient's account during the period for which that amount was invested, and (b) the period for which that amount was so invested, being the period commencing on the date of investment or the date of the last preceding distribution, whichever is the later, and ending on the date of distribution. 41 Payments to and from Interest Account (1) (2) 42 Distribution of Interest Account Page 24 2007 No 553 Mental Health Regulation 2007 Patients funds and accounts Clause 43 Part 9 43 Patients Amenities Account (1) There is to be paid into the Patients Amenities Account for a mental health facility such amounts as are received by the responsible person for the purpose of providing goods, services or amenities for the benefit, use or enjoyment of the patients of the mental health facility generally. There may be paid out of the Patients Amenities Account, for the purpose referred to in subclause (1), such amounts as may be determined by the responsible person. (2) Page 25 2007 No 553 Clause 44 Part 10 Mental Health Regulation 2007 Miscellaneous Part 10 Miscellaneous 44 Term of nominations of primary carers For the purposes of section 72 (5) of the Act, the period for which a nomination of a primary carer remains in force is 12 months. 45 Information as to follow-up care after discharge Without limiting section 79 of the Act, the appropriate information as to the availability of follow-up care includes: (a) a description of patient support groups and community care groups operating in the vicinity of the mental health facility, including a description of the services provided by the groups, and the method of contacting each group, and (b) a description of any out-patient or other services available at the mental health facility that are available to the patient, and (c) a description of the purpose and method of obtaining community treatment orders, and (d) a description of such other similar follow-up services as may be available in the vicinity of the mental health facility. 46 Annual report by Director-General The matters relating to mental health services that are to be included in the report under section 108 of the Act are as follows: (a) achievements during the reporting period in mental health service performance, (b) data relating to the utilisation of mental health resources, (c) any other matters determined by the Director-General as appropriate for inclusion. 47 Oath of office--assessors For the purposes of section 165 of the Act, the prescribed form of oath to be taken by a person nominated for appointment as an assessor is the form set out in Form 9. 48 Involuntary referrals to be reported to Tribunal (1) The medical superintendent of a mental health facility must report to the Tribunal particulars of: (a) each person (other than a forensic patient or a voluntary patient) admitted to the mental health facility as a patient, and (b) each person who is detained as a patient after being a voluntary patient. Page 26 2007 No 553 Mental Health Regulation 2007 Miscellaneous Clause 49 Part 10 (2) (3) The report must contain the information set out in Form 10. The report must be made as soon as practicable after the occurrence of the first of any of the following events in relation to a patient or detained person: (a) any refusal to admit any person taken or detained in a mental health facility against his or her will, (b) the admission (whether as a voluntary or an involuntary patient) of a person taken to or detained in a mental health facility against his or her will, (c) the reclassification by the mental health facility of a voluntary patient as an involuntary patient. Despite subclause (3), the medical superintendent is not required to submit more than one report each week. To avoid doubt, a report is not required under this clause during any period in which no person was admitted or detained. The medical superintendent of a mental health facility must report to the Tribunal each week the particulars of each person presented to a Magistrate pursuant for a mental health inquiry during that week. The report must contain the information set out in Form 11. To avoid doubt, a report is not required under this clause during any week in which no person was presented to a Magistrate. An order or direction of a Magistrate pursuant to a mental health inquiry may be in the form set out in Form 12. (4) (5) 49 Mental health inquiries to be reported to Tribunal (1) (2) (3) 50 Order or direction by Magistrate--mental health inquiries Page 27 2007 No 553 Mental Health Regulation 2007 Schedule 1 Forms Schedule 1 Form 1 Forms (Clause 3 (1)) (Clause 4 (a) and (b)) (Mental Health Act 2007, section 27 (a), 27 (b) or (c)) Medical report as to mental state of a detained person This report is made as: F a certificate of the opinion of an authorised medical officer after examination of a person under section 27 (a) of the Act (initial examination), F advice by a medical practitioner to an authorised medical officer under section 27 (b) or (c) of the Act (further examination) (tick whichever is appropriate) I, the undersigned, a registered medical practitioner, on [date] personally examined [patient's name] a person detained at [mental health facility]. In my opinion, [patient's name]: F is not a mentally ill or mentally disordered person, F is a mentally ill person, F is a mentally disordered person. (tick the one box that is appropriate) The basis for my opinion is as follows: (Reported behaviour of the patient) .................................................................................................................................................. .................................................................................................................................................. .................................................................................................................................................. (This report can be continued on a separate page, if necessary) (Observations by me of the patient) .................................................................................................................................................. .................................................................................................................................................. .................................................................................................................................................. (Conclusion) .................................................................................................................................................. .................................................................................................................................................. .................................................................................................................................................. Page 28 2007 No 553 Mental Health Regulation 2007 Forms Schedule 1 Name of registered medical practitioner: ................................................................................ Qualifications as a psychiatrist (if applicable) ......................................................................... [Signature] [Date] (Note. This report is for the use of a legal tribunal and therefore should not be written in technical medical language.) Form 2 (Clause 5) (Mental Health Act 2007, section 76 (3)) Mental health inquiry--Mental Health Act 2007 Mental health facility .................................................. Address .................................................. Notice of proceedings before Magistrate Dear .................................................. I wish to advise you that [patient's name] is at present a patient at this mental health facility under the provisions of the Mental Health Act 2007. On [date] at approximately [time] a visiting Magistrate will hold an inquiry at [location] to consider whether or not further detention for the purpose of treatment is warranted. You are invited to attend this inquiry. With the permission of the patient and the Magistrate, any person at all may represent the patient. However, the patient will be legally represented unless the patient decides that he or she does not want to be. Should it be necessary, a competent interpreter will be available to assist. If the Magistrate considers further detention is warranted the Magistrate will also consider whether or not the patient is able to manage his or her affairs. If the Magistrate considers that the patient is able to do so, then the patient will continue to do so. If the Magistrate is not satisfied that the patient can manage his or her affairs, then an order will be made that the Protective Commissioner manage the patient's affairs. If the patient does not agree that his or her affairs should be managed by the Protective Commissioner, the patient may appeal to the Supreme Court or the Administrative Decisions Tribunal. If you have any questions, please feel free to discuss them with the patient's doctor or social worker. Contact may be made by telephoning [telephone number]. Yours faithfully, [Authorised medical officer] [Date] Page 29 2007 No 553 Mental Health Regulation 2007 Schedule 1 Forms Form 3 (Clause 7) (Mental Health Act 2007, Schedule 2, clause 5) Summons Inquiry under Mental Health Act 2007 Mental health facility .................................................. Address .................................................. To: ............................................................ A Magistrate will be holding a mental health inquiry under the Mental Health Act 2007 in relation to [patient's name]. The inquiry will be held at [time] on [date] at the above address. You are required: F to attend the inquiry as a witness to attend the inquiry and to produce the following documents: F ....................................................................................................................................... ....................................................................................................................................... (tick one or both boxes) You are entitled to receive reasonable costs, including any loss of earnings incurred through compliance with this summons. Should you fail or refuse to comply with this summons properly served, you may be guilty of an offence under the Mental Health Act 2007. If you are required to attend the hearing only to produce documents, it is sufficient compliance with this summons if those documents are delivered to ............................. at [address] on or before [date]. [Signature] [Name] Form 4 (Clause 9 (1) (a)) (Mental Health Act 2007, section 44 (2)) Appeal by patient against refusal to discharge The Registrar Mental Health Review Tribunal My name is [name]. I am an involuntary patient at [name of mental health facility]. I have applied to an authorised medical officer for discharge under section 44 (1) of the Mental Health Act 2007. Page 30 2007 No 553 Mental Health Regulation 2007 Forms Schedule 1 I want to appeal to the Mental Health Review Tribunal against the authorised medical officer's: F refusal to discharge me F failure to make a determination on my application for discharge within 3 working days after I made the application. (Tick one box only) [Signature] [Date] Form 5 (Clause 9 (2) (a)) (Mental Health Act 2007, section 44 (2)) Appeal by a person other than the patient against refusal to discharge a patient This appeal relates to [patient's name] who is an involuntary patient at [name of mental health facility]. An application was made to an authorised medical officer for discharge of the patient under section 44 of the Mental Health Act 2007. My name is [name of appellant]. I am: F the applicant for discharge of the patient F a person appointed by the patient. (Tick one box only) I want to appeal to the Mental Health Review Tribunal against the authorised medical officer's: F refusal to discharge the patient F failure to make a determination within 3 working days after the application for discharge of the patient. (Tick one box only) [Signature] [Date] Page 31 2007 No 553 Mental Health Regulation 2007 Schedule 1 Forms Form 6 (Clauses 13 and 14) (Mental Health Act 2007, sections 91, 93 and 96) Information and consent--electro convulsive therapy Part 1 Information to consider before signing The treatment is recommended where the alternative forms of treatment have either not had the desired result or would work too slowly to be effective in a particular case. The treatment will take the following form: (a) You will be given a brief general anaesthetic. This involves giving a drug to relax the muscles. The anaesthetist will normally give the anaesthetic by means of intravenous injection. (b) While you are anaesthetised, another medical practitioner will use medical apparatus designed to pass a modified electrical current for a few seconds through your brain, with the intention of affecting those parts concerned with emotion and thought. (c) While the current is passing, the anaesthetic will prevent you from feeling anything and will also prevent your body from moving more than slightly. (d) Treatment may be given 2 or 3 times a week. (e) A course of treatment will generally involve up to 12 treatments but, on some occasions, more treatments will be required. Any queries you have in relation to the number of treatments you may need can be raised with your doctor. Possible benefits of treatment Benefits depend on the symptoms of the conditions for which treatment is given. Relief may be obtained from symptoms of depression, agitation and insomnia. Possible alternative treatments Other treatments may also be suitable for your condition. Any queries you have in relation to these can be discussed with your doctor. A written explanation of the alternative treatments available in relation to your condition is attached. Possible complications of treatment Some patients notice a difficulty with their memory of recent events which almost invariably clears up within a month of receiving the last treatment. Some patients experience a headache or a brief period of confusion, or both, on awakening after the anaesthetic. Otherwise, because the treatment and anaesthetic are very brief and present no significant stress to the body, serious complications are uncommon. All general anaesthetics carry some risk. Consent to treatment This treatment cannot be carried out without your consent (see Part 2 below), unless you are an involuntary patient at the mental health facility. If you are an involuntary patient, the Page 32 2007 No 553 Mental Health Regulation 2007 Forms Schedule 1 treatment can only be carried out without your consent after a full hearing before the Mental Health Review Tribunal. Before giving this consent you may ask your doctor any questions relating to the techniques or procedures to be followed. You may also withdraw your consent and discontinue this treatment AT ANY TIME. Legal and medical advice You also have the right to get legal advice and medical advice before you give your consent. Disclosure of financial relationship Item A To be completed by the person proposing the administration of the treatment. (a) I declare that there is no financial relationship between me and the mental health facility or institution in which it is proposed to administer the treatment. (OR) (b) I declare that the following is a full disclosure of the financial relationship between me and the mental health facility or institution in which it is proposed to administer the treatment: ....................................................................................................................................... ....................................................................................................................................... [Signature] [Date] Item B To be completed by the medical practitioner who proposes to administer the treatment (unless that medical practitioner is also the person who completed Item A, in which case this Item need not be completed). (a) I declare that there is no financial relationship between me and the mental health facility or institution in which it is proposed to administer the treatment. (OR) (b) I declare that the following is a full disclosure of the financial relationship between me and the mental health facility or institution in which it is proposed to administer the treatment: ....................................................................................................................................... ....................................................................................................................................... [Signature] [Date] Page 33 2007 No 553 Mental Health Regulation 2007 Schedule 1 Forms Part 2 Consent to electro convulsive therapy I, [name in full] consent to being treated with electro convulsive therapy. I ACKNOWLEDGE that I have read/have had read to me Part 1 of this Form, and that I understand the information it contains. I UNDERSTAND that I am free at any time to change my mind and withdraw from the course of treatment if I so desire. [Signature] [Date] Part 3 Consent to electro convulsive therapy (involuntary patients) I, [name in full] consent to being treated with electro convulsive therapy. I ACKNOWLEDGE that I have read/have had read to me Part 1 of this Form, and that I understand the information it contains. I UNDERSTAND that I am free at any time to change my mind and withdraw from the course of treatment if I so desire. I UNDERSTAND that my consent will be reviewed by the Mental Health Review Tribunal. [Signature] [Date] Certification by witness I certify that all matters dealt with in this Form have been orally explained to the person in respect of whom treatment is proposed and have been so explained in a language with which that person is familiar. [Signature] [Date] Form 7 (Clause 15) (Mental Health Act 2007, section 97) Register of electro convulsive therapy 1 Information that must be set out in register The register of electro convulsive therapy must set out the following information relating to each administration of treatment: (a) the date of the treatment, (b) the classification of the patient, (c) the section of the Mental Health Act 2007 under which consent was given, Page 34 2007 No 553 Mental Health Regulation 2007 Forms Schedule 1 (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) 2 details of the patient, namely the patient's name, age, sex and medical record number, the ward in which the treatment was administered, details of the anaesthetic used, the name of the anaesthetist, a psychiatric and medical diagnosis, the duration of the treatment, the voltage used, the name of the medical officer in charge of administering the treatment, the name of any assistant to the medical officer, the name of any registered nurse, the placement of electrodes. Further remarks or observations may be included in register The register of electro convulsive therapy may include further remarks or observations in relation to any treatment registered on it. Form 8 (Clause 22) (Mental Health Act 2007, section 157 (1)) Summons Mental Health Review Tribunal To: .................................................. The Mental Health Review Tribunal will be hearing matters in relation to [name of patient]. The hearing will take place at [time] on [date] at [address]. You are required: F to attend the hearing as a witness F to attend the hearing and produce the following documents: ....................................................................................................................................... ....................................................................................................................................... (Tick one box only) You are entitled to receive reasonable costs, including any loss of earnings incurred through compliance with this summons. Should you fail or refuse to comply with this summons, properly served, you may be guilty of an offence under the Mental Health Act 2007. Page 35 2007 No 553 Mental Health Regulation 2007 Schedule 1 Forms If you are required to attend the hearing only to produce documents, it is sufficient compliance with this summons if those documents are delivered to ....................................... at [address] on or before [date]. [Signature] [President/Deputy President Mental Health Review Tribunal] Form 9 (Clause 47) (Mental Health Act 2007, section 165 (2)) Oath of assessor I, [name], do swear that I will well and truly advise and assist, without fear or favour, affection or ill will, the Supreme Court of New South Wales as an assessor in any matter coming before that Court pursuant to the provisions of the Mental Health Act 2007. Form 10 (Clause 48) (Mental Health Act 2007, section 196 (2) (l)) Particulars of involuntary referrals 1 Information about the mental health facility preparing the report The report must include: (a) the name of the mental health facility, (b) the name and contact number of the person by whom the report was prepared. 2 Information about each patient The report must include the following information about each patient: (a) the patient's medical record number (or MRN), (b) the patient's date of birth, (c) the patient's country of birth, (d) whether an interpreter was required for the patient and, if so, in what language, (e) the date the person was taken to the mental health facility or the date the patient was reclassified to involuntary, (f) the method of referral of the person, that is: (i) by doctor's certificate under section 19 of the Act, (ii) by the police under section 22 of the Act, Page 36 2007 No 553 Mental Health Regulation 2007 Forms Schedule 1 (g) (h) by an ambulance officer under section 20 of the Act, because of a breach of a community treatment order, under section 58 of the Act, (v) by a primary carer, relative or friend under section 26 of the Act, (vi) in accordance with an order under section 33 of the Mental Health (Criminal Procedure) Act 1990, under section 24 of the Mental Health Act 2007, (vii) following an order under section 23 of the Act for medical examination or observation and an authorised doctor's certificate under section 19 of the Act, (viii) by being reclassified from a voluntary patient to an involuntary patient, whether the person was admitted after examination, whether on admission the patient was classified as: (i) voluntary, (ii) involuntary, mentally ill, (iii) involuntary, mentally disordered. (iii) (iv) Form 11 (Clause 49) (Mental Health Act 2007, section 196 (2) (l)) Particulars of persons presented to a Magistrate 1 Information about the mental health facility preparing the report The report must include: (a) the name of the mental health facility, (b) the name and contact number of the person by whom the report was prepared. 2 Information about each mental health inquiry The form must include the following information about each person presented to the Magistrate on the date to which the form relates: (a) the medical record number of the person, (b) whether an interpreter was required for the person and, if so, in what language, (c) which of the following decisions or determinations was made: (i) adjournment, (ii) discharge or deferred discharge, Page 37 2007 No 553 Mental Health Regulation 2007 Schedule 1 Forms (iii) (iv) (v) reclassify from an involuntary patient to a voluntary patient, involuntary patient order, community treatment order. Form 12 (Clause 50) (Mental Health Act 2007, Division 3 of Part 2, Chapter 3) Order or direction of magistrate--mental health inquiry Mental health facility ........................................ Address ........................................ Date ........................................ (Complete Part 1 or Part 2 only) Part 1 Order or direction I have today ordered or directed that [patient's name] (who was brought before me under section 34 of the Mental Health Act 2007): F must be discharged from the mental health facility F must be discharged from the mental health facility into the care of [name] F must be detained as an involuntary patient until no later than [date] for further observation or treatment, or both F must be made subject to a community treatment order (Tick one box only) The reasons for my order or direction (as required by clause 9 of Schedule 2 to the Act) are annexed to this form. (OR) Part 2 Order for adjournment I have today ordered the adjournment of the inquiry in relation to [patient's name] (who was brought before me under section 34 of the Mental Health Act 2007) for a period of [number of days] days. Signature of Magistrate ............................................................ Name of Magistrate ............................................................ The reasons for my order (as required by clause 9 of Schedule 2 to the Act) are annexed to this form. BY AUTHORITY Page 38