Expiry—ch 21
310 Expiry—ch 21
This chapter expires 2 years after the commencement day.
A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Schedule 1 Reviewable decisions
(see ch 16)
column 1 item column 2 section column 3 decision column 4 entity
1
121 refuse to grant leave applicant for leave
2
122 refuse to grant leave applicant for leave
3
123 revoke leave applicant for leave
4
143 refuse to grant leave applicant for leave
5
144 revoke leave applicant for leave
6
226 refuse to issue licence applicant for licence
7
227 refuse to renew licence applicant for renewal of licence
8
228 refuse to transfer licence licensee proposed new licensee
9
229 amend licence licensee
10
230 refuse to amend licence licensee
11
232 cancel licence licensee
12
233 cancel licence licensee
Dictionary (see s 3)
The Legislation Act contains definitions and other provisions relevant to this Act.
For example, the Legislation Act, dict, pt 1, defines the following terms:
ACAT
adult
chief officer (ambulance service)
chief police officer
child
correctional centre
corrections officer
detention place
director-general (see s 163)
director of public prosecutions
discrimination commissioner
doctor
domestic partner (see s 169 (1))
expire
integrity commission
lawyer
Magistrates Court
nurse
nurse practitioner
parent
police officer
proceeding
public advocate
registrar
reviewable decision notice
State
Supreme Court
victims of crime commissioner
writing.
advance agreement—see section 26.
advance consent direction—see section 27.
affected person, in relation to a forensic patient—see section 128.
affected person register, for part 7.2 (Affected people)—see section 130.
approved community care facility means a facility approved under section 262.
approved mental health facility means a facility approved under section 261.
assessment means a psychiatric or psychological assessment.
assessment order means an order made under section 37.
authorised ambulance paramedic means a member of the ambulance service—
employed as a paramedic; and
authorised by the chief officer (ambulance service) to apprehend people with a mental disorder or mental illness.
authorised officer, for chapter 15 (Interstate application of mental health laws)—see section 243.
care and protection order—see the Children and Young People Act 2008, section 422.
care coordinator means the care coordinator appointed under section 204.
carer—see section 12.
chief psychiatrist means the Chief Psychiatrist appointed under section 196.
close relative or close friend, of a person—see the Guardianship and Management of Property Act 1991, section 32A.
community-based sentence—see the Crimes (Sentence Administration) Act 2005, section 264.
community care facility—
means—
a facility, or part of a facility, for the treatment, care or support, protection, rehabilitation or accommodation of people with a mental disorder; or
a prescribed psychiatric facility or a prescribed part of a psychiatric facility; but
does not include a correctional centre or detention place.
community care order means an order made under section 66.
community care service, for chapter 15 (Interstate application of mental health laws)—see section 243.
conditional release order, for chapter 10 (Referrals by courts under Crimes Act and Children and Young People Act)—see section 180 (4).
coordinating director-general means the director-general appointed under section 215.
correctional patient—see section 135.
corrections director-general means the director-general responsible for the Corrections Management Act 2007.
corrections order, for division 7.1.8 (Leave for detained people)—see section 118.
corresponding law, for chapter 15 (Interstate application of mental health laws)—see section 243.
Crimes Act means the Crimes Act 1900.
CYP director-general means the director-general responsible for the Children and Young People Act 2008.
decision-making capacity—see section 7.
detainee—see the Corrections Management Act 2007, section 6.
director-general, for part 7.2 (Affected people)—see section 127.
electroconvulsive therapy—see section 145.
electroconvulsive therapy order—see section 145.
eligible person, for part 13.2 (Licences)—see section 223.
emergency assessment order means an order made under section 39.
emergency electroconvulsive therapy order—see section 145.
entitled person—see section 208.
forensic community care order means an order made under section 108.
forensic mental health order means a forensic psychiatric treatment order or a forensic community care order.
forensic patient, for part 7.2 (Affected people)—see section 127.
forensic psychiatric treatment order means an order made under section 101.
health attorney—see the Guardianship and Management of Property Act 1991, section 32B (1).
health director-general, for part 8.4 (Leave for correctional patients)—see section 142A.
information sharing entity, for part 12.5 (Sharing information—government agencies)—see section 218.
information sharing protocol, for part 12.5 (Sharing information—government agencies)—see section 219.
information statement means an information statement mentioned in section 15 (1) (b).
inspector, for chapter 13 (Private psychiatric facilities)—see section 222.
intensive therapy order, for a child or young person—see the Children and Young People Act 2008, section 532.
interim care and protection order—see the Children and Young People Act 2008, section 433.
interim intensive therapy order, for a child or young person—see the Children and Young People Act 2008, section 543.
interstate authorised person, for chapter 15 (Interstate application of mental health laws)—see section 243.
interstate community care facility, for chapter 15 (Interstate application of mental health laws)—see section 243.
interstate community care service, for chapter 15 (Interstate application of mental health laws)—see section 243.
interstate involuntary treatment order, for chapter 15 (Interstate application of mental health laws)—see section 243.
interstate mental health facility, for chapter 15 (Interstate application of mental health laws)—see section 243.
interstate mental health service, for chapter 15 (Interstate application of mental health laws)—see section 243.
interstate patient, for chapter 15 (Interstate application of mental health laws)—see section 243.
licence, for chapter 13 (Private psychiatric facilities)—see section 222.
licensed premises, for chapter 13 (Private psychiatric facilities)—see section 222.
licensee, for chapter 13 (Private psychiatric facilities)—see section 222.
mental disorder—see section 9.
mental health facility—
means a facility for the treatment, care or support, rehabilitation or accommodation of people with a mental illness; and
includes a psychiatric facility.
mental health officer means a person appointed as a mental health officer under section 201.
mental health order means a psychiatric treatment order, a community care order or a restriction order.
mental health professional means a doctor, nurse, psychiatrist, psychologist, social worker or therapist (including occupational therapist) or other person who provides services for people with a mental disorder or mental illness.
mental health service, for chapter 15 (Interstate application of mental health laws)—see section 243.
mental illness—see section 10.
mental impairment—see the Criminal Code, section 27.
nominated person means a person nominated under section 19.
non-presidential member, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
official visitor—see section 208.
president, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
presidential member, of the ACAT—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.
private psychiatric facility, for chapter 13 (Private psychiatric facilities)—see section 222.
psychiatric facility means—
a hospital or other facility conducted by the Territory for the treatment, care, support, rehabilitation or accommodation of people who have a mental illness; or
a private psychiatric facility licensed under chapter 13.
psychiatric surgery—see section 145.
psychiatric treatment order means an order made under section 58.
psychiatrist means a doctor who—
is registered under the Health Practitioner Regulation National Law (ACT) to practise in the specialty of psychiatry; or
meets the requirements prescribed by regulation.
publish, for part 7.2 (Affected people)—see section 127.
registered affected person, in relation to a forensic patient—see section 129.
referring officer, in relation to a person, means—
the police officer—
who arrests the person in connection with an offence; or
who is satisfied that there are sufficient grounds on which to charge the person in connection with an offence; or
who charges the person in connection with an offence; or
a member of the staff of the director of public prosecutions who is responsible for the prosecution of an offence against the person; or
if the person is required to accept supervision by someone else as a condition of bail under the Bail Act 1992—that other person.
Under the Bail Act 1992, s 25 (4) and s 26 (2), an adult may be supervised by the corrections director-general and a child may be supervised by the CYP director-general.
relative, in relation to a person, means a domestic partner, parent, guardian, grandparent, uncle, aunt, brother, sister, half-brother, half‑sister, cousin or child (being a child over the age of 18 years) of the person.
Domestic partner—see the Legislation Act, s 169.
relevant director-general, for part 8.4 (Leave for correctional patients)—see section 142A.
relevant information, for part 12.5 (Sharing information—government agencies)—see section 218.
relevant official—
for a mental health order, for chapter 5 (Mental health orders)—see section 50; or
for a forensic mental health order, for part 7.1 (Forensic mental health orders)—see section 93.
relevant person—
for a mental health order application, for chapter 5 (Mental health orders)—see section 50; and
for a forensic mental health order application, for part 7.1 (Forensic mental health orders)—see section 93.
representative, of a treating team, for part 3.3 (Advance agreements and advance consent directions)—see section 24.
responsible person, for part 3.1 (Rights in relation to information and communication)—see section 14.
restraint does not include the use of a spit hood.
restriction order means an order made under section 60 or section 68.
reviewable decision, for chapter 16 (Notification and review of decisions)—see section 258.
secure mental health facility—see the Mental Health (Secure Facilities) Act 2016, section 7.
subject person, for chapter 11 (ACAT procedural matters)—see section 190.
transfer direction—see section 136 (3).
treating team, for a person with a mental disorder or mental illness, for part 3.3 (Advance agreements and advance consent directions)—see section 24.
treatment, care or support, for a mental disorder or mental illness—
means things done in the course of the exercise of professional skills to remedy the disorder or illness or lessen its ill effects or the pain or suffering it causes; and
includes the giving of medication and counselling, training, therapeutic and rehabilitation programs, care or support.
Examples—rehabilitation support
1 support to improve social confidence and integration
2 assistance to improve work skills visitable place—see section 208.
young detainee—see the Children and Young People Act 2008, section 95.
young offender—see the Children and Young People Act 2008, dictionary.
young person—see the Children and Young People Act 2008, section 12.
This Act’s bill:Explanatory statementSecond reading speech
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