Mental Health Act 2015

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.

A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

The function of making guidelines under this section must not be delegated (see s 200 (2) (b)).

A guideline must include a statement about how the guideline is consistent with—

the objects and principles of this Act; and

human rights.

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.

A mental health facility conducted by, or operating under an agreement with, the Territory must comply with a guideline that applies to the facility.

A person employed or engaged at a mental health facility mentioned in subsection (4) must comply with a guideline that applies to the facility.

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.

A guideline may apply, adopt or incorporate a law of another jurisdiction or an instrument, as in force from time to time.

A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

The Legislation Act, section 47 (6) does not apply in relation to a law or an instrument mentioned in subsection (7).

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)).

A guideline is a notifiable instrument.

In this section: