Mental Health (Secure Facilities) Act 2016

The Executive may make regulations for this Act.

Schedule 1 Reviewable decisions

(see pt 5)

column 1 item column 2 section column 3 decision column 4 entity

1

10 declare something to be a prohibited thing patient

2

17 (2) restrict a patient’s contact with others patient patient’s guardian patient’s nominated person

3

20 (2) prevent a patient’s contact with a complainant patient patient’s guardian patient’s nominated person

4

24 direction about access to and supervision of electronic communication facilities at secure mental health facility patient patient’s guardian patient’s nominated person

5

25 (3) search a patient’s mail patient patient’s guardian patient’s nominated person

6

28 (1) direction about visiting conditions for a secure mental health facility patient patient’s guardian patient’s nominated person

7

30 (2) direction to leave secure mental health facility after failing to comply with visiting condition visitor directed to leave facility

8

33 (3) refuse to allow intending visitor to visit patient in secure mental health facility intending visitor

9

34 (2) (a) direction to not enter secure mental health facility visitor directed to not enter facility

10

34 (2) (b) direction to leave secure mental health facility after failing to comply with director-general’s direction visitor directed to leave facility

11

36 (5) (a) refuse to allow visitor to enter secure mental health facility after refusing to allow authorised person to search personal property visitor refused entry to facility

12

36 (5) (b) direction to leave secure mental health facility after refusing to allow authorised person to search personal property visitor directed to leave facility

13

53 (1) seizing property patient patient’s guardian patient’s nominated person

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 chief police officer

 correctional centre

 director-general (see s 163)

 doctor

 health practitioner

 integrity commissioner

 Minister (see s 162)

 notifiable instrument (see s 10)

 nurse

 nurse practitioner

 police officer

 public employee

 public trustee and guardian.

Note 3 The Mental Health Act 2015 contains definitions relevant to this Act. For example, the following terms are defined in the Mental Health Act 2015, dictionary:

 approved mental health facility

 chief psychiatrist

 coordinating director-general

 correctional patient (see s 135)

 corrections director-general

 CYP director-general

 entitled person (see s 208)

 forensic mental health order

 forensic patient

 mental health officer

 nominated person

 official visitor (see s 208)

 transfer direction (see s 136)

 visitable place (see s 208).

Note 4 If a word or expression is defined in the Mental Health Act 2015, the definition applies to the use of the word or expression in this Act (see s 8).

accredited person, in relation to a patient, means each of the following:

if the patient has a guardian under the Guardianship and Management of Property Act 1991—the guardian;

if the patient has a nominated person—the nominated person;

if the patient is a child or young person—the CYP director‑general;

a lawyer acting in a professional capacity;

an official visitor;

the health services commissioner;

the human rights commissioner;

the public advocate;

the integrity commissioner;

a police officer acting in a professional capacity;

a member of the Commonwealth Parliament;

a member of the Legislative Assembly;

a person prescribed by regulation.

authorised health practitioner means a health practitioner providing care or treatment for patients who is authorised by the director‑general for this Act.

Examples—health practitioner

 nurse

 nurse practitioner authorised person means a person appointed under section 69.

child—see the Children and Young People Act 2008, section 11.

contact, between a patient and another person—see section 14.

frisk search—see section 39.

health record—see the Health Records (Privacy and Access) Act 1997, dictionary.

ordinary search—see section 39.

patient means a patient in a secure mental health facility.

person with parental responsibility, for a child, means a parent or someone else with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2.

prohibited thing means a thing declared to be a prohibited thing under section 10.

reviewable decision, for part 5 (Notification and review of decisions)—see section 66.

scanning search—see section 39.

secure mental health facility—see section 7.

seizeable item, for division 4.3 (Strip searches)—see section 43.

SMHF direction—see section 9.

visiting conditions, at a secure mental health facility, means conditions included in a SMHF direction made under section 28 in relation to the facility.

visitor, in relation to a secure mental health facility, includes a person wishing to enter the facility as a visitor.

worker, at a secure mental health facility, means a person working at the facility, whether as a public employee, contractor, volunteer or otherwise.

young person—see the Children and Young People Act 2008, section 12.