Mental Health (Forms) Amendment Regulations 2000

2000/17

Mental Health (Forms) Amendment Regulations 2000


Note

These regulations are administered in the Ministry of Health.


Pursuant to section 135 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on 1 April 2000.

3 Regulation 9 substituted
  • The principal regulations are amended by revoking regulation 9, and substituting the following regulation:

    9 Warrants
    • (1) A warrant issued under section 113A(4) of the Act must be in form 9.

      (2) A warrant issued under section 113A(7) of the Act must be in form 10.

4 Amendments to Schedule 1
  • Schedule 1 of the principal regulations is amended by revoking forms 1, 2, 3, 4, 9, and 10, and substituting the forms 1, 2, 3, 4, 9, and 10 set out in the Schedule.


Schedule
New forms 1, 2, 3, 4, 9, and 10 substituted in Schedule 1 of principal regulations

r 4

Form 1

r 3

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Front Certificate of clinical review of condition of patient subject to compulsory treatment order Section 76(3), Mental Health (Compulsory Assessment and Treatment) Act 1992

.
.
Back
Statement of legal consequences of finding that patient is not fit to be released from compulsory status and
Statement of right to apply to Review Tribunal
Legal consequences

If, on a clinical review under section 76 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a patient, the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status, that patient will be required to continue to undergo treatment under that Act.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient's condition:

  • (a) the patient:

  • (b) any welfare guardian of the patient:

  • (c) the patient's principal caregiver:

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

  • (a) a district inspector:

  • (b) an official visitor:

  • (c) his or her lawyer:

  • (d) the patient's responsible clinician:

  • (e) a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

  • (a) communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient's condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

  • (b) decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient's condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient's condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient's condition under section 79 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

  • (a) the patient is fit to be released from compulsory status; or

  • (b) the patient is not fit to be released from compulsory status.

Further Information

For further information about the Review Tribunal, see sections 79, 82 and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Form 2

r 4(1)

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Front Certificate of clinical review of condition of patient found to be under disability and detained as special patient Section 77(3), Mental Health (Compulsory Assessment and Treatment) Act 1992

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.
Back
Statement of legal consequences of findings set out in certificate of clinical review
and
Statement of right to apply to Review Tribunal 
Legal consequences

A copy of this certificate will be sent to the Attorney-General for the purposes of section 116 of the Criminal Justice Act 1985, if, on a clinical review under section 77(3) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a patient who was ordered to be detained following a finding of disability, the responsible clinician is of the opinion that—

  • (a) the patient is no longer under disability; or

  • (b) the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient.

The Attorney-General will—

  • (a) direct that the patient be brought before the appropriate court; or

  • (b) direct that the patient be held under a compulsory treatment order; or

  • (c) apply to the Review Tribunal for a review of the patient's condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient is still under disability and should continue to be subject to the order of detention as a special patient, the patient will continue to be detained as a special patient.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient's condition:

  • (a) the patient:

  • (b) any welfare guardian of the patient:

  • (c) the patient's principal caregiver:

  • (d) the medical practitioner who usually attended the patient immediately before the making of the order of detention.

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

  • (a) a district inspector:

  • (b) an official visitor:

  • (c) his or her lawyer:

  • (d) the patient's responsible clinician:

  • (e) a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

  • (a) communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient's condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

  • (b) decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient's condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient's condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient's condition under section 80 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

  • (a) the patient is no longer under disability; or

  • (b) the patient is still under disability but it is no longer necessary that the patient should be subject to the order of detention as a special patient; or

  • (c) the patient is still under disability and the patient should continue to be subject to the order of detention as a special patient.

Further Information

For further information about the Review Tribunal, see sections 80, 82, and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Form 3

r 4(2)

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Front Certificate of clinical review of condition of patient acquitted on account of insanity and detained as special patient Section 77(4), Mental Health (Compulsory Assessment and Treatment) Act 1992

.
.
Back
Statement of legal consequences of findings set out in certificate of clinical review
and
Statement of right to apply to Review Tribunal
Legal consequences

If, on a clinical review under section 77(4) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a patient who was ordered to be detained following acquittal on account of insanity, the responsible clinician is of the opinion that the patient's condition no longer requires, either in the patient's own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient, that clinician will also send a copy of this certificate to the Minister of Health for the purposes of section 117 of the Criminal Justice Act 1985.

The Minister of Health may—

  • (a) direct that the patient be held under a compulsory treatment order; or

  • (b) direct that the patient be discharged; or

  • (c) apply to the Review Tribunal for a review of the patient's condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient's condition still requires, either in the patient's own interest or for the safety of the public, that the patient should be subject to the order of detention as a special patient, the patient will continue to be detained as a special patient.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient's condition:

  • (a) the patient:

  • (b) any welfare guardian of the patient:

  • (c) the patient's principal caregiver:

  • (d) the medical practitioner who usually attended the patient immediately before the making of the order of detention.

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

  • (a) a district inspector:

  • (b) an official visitor:

  • (c) his or her lawyer:

  • (d) the patient's responsible clinician:

  • (e) a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

  • (a) communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient's condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

  • (b) decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient's condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient's condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient's condition under section 80 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

  • (a) the patient's condition still requires, either in the patient's own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient; or

  • (b) the patient's condition no longer requires, either in the patient's own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient.

Further Information

For further information about the Review Tribunal, see sections 80, 82, and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Form 4

r 5

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Front Certificate of clinical review of condition of restricted patient Section 78(3), Mental Health (Compulsory Assessment and Treatment) Act 1992

.
.
Back
Statement of legal consequences of findings set out in certificate of clinical review
and
statement of right to apply to Review Tribunal
Legal consequences

If, on a clinical review under section 78 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 of the condition of a restricted patient, the responsible clinician is of the opinion that the patient is fit to be released from compulsory status, the Director of Mental Health will either—

  • (a) direct that the patient be released from that status forthwith; or

  • (b) apply to the Review Tribunal for a review of the patient's condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient, a copy of this certificate will be sent to the Minister of Health for consideration by that Minister under section 78(6) of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

The Minister of Health will, after consultation with the Attorney-General, either—

  • (a) revoke the declaration that the patient shall be a restricted patient; or

  • (b) apply to the Review Tribunal for a review of the patient's condition.

If, on the clinical review, the responsible clinician is of the opinion that the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient, the patient will continue to be detained as a restricted patient.

Application to Review Tribunal

There is however a further step that may be taken.

Each of the following persons may apply to the Review Tribunal for a review of the patient's condition:

  • (a) the patient:

  • (b) any welfare guardian of the patient:

  • (c) the patient's principal caregiver:

If any such person wishes to apply to the Review Tribunal, that person may seek help from—

  • (a) a district inspector:

  • (b) an official visitor:

  • (c) his or her lawyer:

  • (d) the patient's responsible clinician:

  • (e) a patient advocate (if one is available).

Steps to be taken by district inspector

The district inspector who receives a copy of this certificate (or an official visitor acting under an arrangement with that district inspector) must—

  • (a) communicate with the patient and find out, if possible, whether or not the patient wants an application to be made to the Review Tribunal for a review of the patient's condition. The district inspector (or official visitor) must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and

  • (b) decide, having regard to any view expressed by the patient, whether or not an application should be made to the Review Tribunal for a review of the patient's condition.

If that district inspector or any such official visitor considers that such an application should be made, that district inspector or that official visitor is required to take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any of the other persons entitled to apply to the Tribunal, to make such an application.

If that district inspector or any such official visitor considers that an application should be made to have the patient's condition reviewed by the Review Tribunal, but neither the patient nor any other person intends to make such an application, the district inspector or any such official visitor may report the matter to the Review Tribunal. In such a case, the Review Tribunal may, of its own motion, review the patient's condition under section 80 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 as if an appropriate application for such a review had been made to the Review Tribunal.

Finding of Review Tribunal

The Review Tribunal, on conducting such a review, may find that—

  • (a) the patient is fit to be released from compulsory status; or

  • (b) the patient is not fit to be released from compulsory status but it is no longer necessary that the patient should be declared to be a restricted patient; or

  • (c) the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient.

Further Information

For further information about the Review Tribunal, see sections 80, 82, and 101 to 107 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Form 9
Warrant to apprehend proposed patient or patient

r 9(1)

.
.
.

Form 10
Warrant to enter premises where person or proposed patient or patient is

r 9(2)

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MARIE SHROFF,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 April 2000, substitute a number of forms in the principal regulations that incorporate changes made by the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999. These substituted forms include a new form of warrant for the apprehension of proposed patients (or patients) under certain provisions of the Mental Health (Compulsory Assessment and Treatment) Act 1992. The regulations also prescribe a form of warrant authorising the entry of premises by members of the police who are called to assist health professionals to ensure that persons required to undergo certain medical examinations under the Act have those examinations.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 March 2000.


  • 1 SR 1992/305