Mental Health and Related Services Act 1998

The objects of this Act are as follows:

(a) to provide for the care, treatment and protection of people with mental illness while at the same time protecting their civil rights;

(b) to establish provisions for the care, treatment and protection of people with mental illness that are consistent with the United Nations' Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care, the Australian Health Ministers' Mental Health Statement of Rights and Responsibilities and the National Mental Health Plan;

(c) to establish provisions for the review of the voluntary and involuntary admission of people into approved treatment facilities and the treatment provided to people in approved treatment facilities;

(d) to establish provisions for obtaining informed consent and the authorisation of treatment;

(g) to establish provisions for the administration of involuntary treatment in the community;

(h) to mainstream and integrate, as far as possible, provision for the administration and review of admission, hospitalisation and treatment of prisoners;

(j) to establish the right of people receiving or seeking psychiatric treatment or care to be given oral and written explanations of their legal rights and entitlements under this Act in a form and language that they understand;

(m) to establish the right for people who are subject to this Act, their relatives, friends and representatives, and any other people with a genuine interest in particular people who are subject to this Act, to make a complaint;

(n) to provide for approved treatment facilities and approved treatment agencies to establish accessible internal complaints procedures;

(p) to affirm the right of people who are subject to this Act to complain to independent complaint bodies established by or under other legislation;

(q) to provide for a principal community visitor, community visitors and community visitor panels with inquiry, complaints, investigation, visiting, inspection, advocacy and reporting powers and functions;

(r) to provide for the registration of mental health orders made outside the Territory;

(s) to provide a procedure for approved treatment facilities and approved treatment agencies to be approved;

(t) to recognise the continuing appropriate care provided by relatives and friends and other non-professional care givers in the community, and to ensure that therapeutic alliances involving appropriate non-professionals are recognised.

In this Act:

Aboriginal and Torres Strait Islander health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the Aboriginal and Torres Strait Islander health practice profession (other than as a student).

adult guardian, for a person, means a guardian (as defined in section 3 of the Guardianship of Adults Act 2016) for the person who has power under that Act to consent to any health care for the represented person.

advance consent decision, see section 3 of the Advance Personal Planning Act 2013.

approved means approved by the CEO in writing.

approved ambulance service means an ambulance service approved by the CEO.

approved treatment agency means a body or organisation declared under section 20(1)(c).

approved temporary treatment facility means a place or premises or a part of a place or premises declared under section 20(1)(b).

approved treatment facility means a place or premises or a part of a place or premises declared under section 20(1)(a).

authorised officer means a person holding an appointment as an authorised officer under section 23A.

authorised psychiatric practitioner means a person appointed as an authorised psychiatric practitioner under section 22.

behavioural disturbance, see section 6A(3).

CEO means the Chief Executive Officer.

cognitive impairment, see section 6A(2).

Committee means the Approved Procedures and Quality Assurance Committee declared under section 145.

community includes a custodial correctional facility.

community management order, see section 123(5)(c).

community visitor, see sections 103(1) and 103B(1).

community visitors panel, see section 110(1).

complex cognitive impairment, see section 6A(1).

corresponding law, for Part 18, Division 2, see section 151.

criteria, for:

(b) the involuntary treatment or care of a person in the community – see section 16.

custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014.

decision maker, for a person, means a decision maker (as defined in section 3 of the Advance Personal Planning Act 2013) for the person who has authority for matters relating to the treatment and care of the person under this Act.

Deputy President, see section 3 of the NTCAT Act.

designated mental health practitioner means a person appointed to be a designated mental health practitioner under section 23.

existing involuntary patient, for Part 6, Division 4, see section 44C(2).

financial protection order, see section 168(2).

harm includes financial harm and loss of reputation.

health care decision maker, for person who is an adult, means a person, other than an adult guardian, who has authority under the Health Care Decision Making Act 2023 for health care decisions for the adult.

informed consent, see section 7.

interim community management order, see sections 38(2)(c), 44(2)(c) and 45(1).

interstate transfer order, for Part 18, Division 2, see section 151.

involuntary detention application, see section 129(1A).

involuntary patient, means a person admitted to an approved treatment facility under Part 6.

mental health order, for Part 18, Division 2, see section 151.

mental illness, see section 6.

mentally disturbed means behaviour of a person that is so irrational as to justify the person being temporarily detained under this Act.

nominated next of kin, for a person, means someone nominated in the person's medical records as the person's next of kin.

NTCAT Act means the Northern Territory Civil and Administrative Tribunal Act 2014.

paramedic means a person registered under the Health Practitioner Regulation National Law to practise in the paramedicine profession (other than as a student).

participating State or Territory, for Part 18, Division 2, see section 151.

person-in-charge, of an approved treatment facility or approved treatment agency, means a person appointed as the person‑in‑charge of the facility or agency under section 21(1).

President, see section 3 of the NTCAT Act.

primary carer, see section 7A.

principal community visitor, see section 101(1).

prisoner, see section 6 of the Correctional Services Act 2014.

psychiatric case manager, see section 51(1).

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).

recommendation for psychiatric examination means a recommendation made under section 34.

registered nurse means a person registered under the Health Practitioner Regulation National Law:

(a) to practise in the nursing profession (other than as a student); and

representative, means a person nominated by a person who is subject to this Act to receive information and to represent the person's interests.

senior next of kin, see section 3 of the Coroners Act 1993.

social worker means a person who is eligible for full membership of the Australian Association of Social Workers.

special community visitors panel, see section 112A(1).

treatment, in relation to mental illness, mental disturbance or complex cognitive impairment, means things done in the course of the exercise of professional skills:

(b) to lessen the effects or the pain and suffering caused by the illness, disturbance or impairment.

treatment management plan, for Part 6, Division 4, see section 44A.

Tribunal means NTCAT.

voluntary treatment plan means a treatment plan for a person requested from the Chief Health Officer by the court under section 78(2).

(1) A mental illness is a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person in one or more of the areas of thought, mood, volition, perception, orientation or memory and is characterised:

(b) by sustained or repeated irrational behaviour that may be taken to indicate the presence of at least one of the symptoms referred to in paragraph (a).

(2) A determination that a person has a mental illness is only to be made in accordance with internationally accepted clinical standards.

(3) A person is not to be considered to have a mental illness merely because he or she:

(a) expresses or refuses or fails to express a particular political or religious opinion or belief, a particular philosophy or a particular sexual preference or sexual orientation; or

(b) engages, or refuses or fails to engage, in a particular political, religious or cultural activity; or

(c) engages, or has engaged, in sexual promiscuity, immoral or illegal conduct or anti-social behaviour; or

(h) has, or has not, a particular political, economic or social status; or

(j) communicates, or refuses or fails to communicate, or behaves or refuses or fails to behave, in a manner consistent with his or her cultural beliefs, practices or mores; or

(k) is, or is not, a member of a particular cultural, racial or religious group; or

(m) is involved, or has been involved, in family or professional conflict; or

(n) has been treated for mental illness or has been detained in a hospital that provides treatment of mental illness; or

(p) has been admitted as an involuntary patient on the grounds of mental disturbance or complex cognitive impairment; or

(1) A person has a complex cognitive impairment if the person has a cognitive impairment with a behavioural disturbance.

(2) A person has a cognitive impairment if the person has an intellectual impairment, neurological impairment or acquired brain injury (or any combination of these) that:

(b) results in substantially reduced capacity in at least one of the following:

(3) A person has a behavioural disturbance if the person's mental condition has deteriorated to the extent the person is behaving in an aggressive manner or is engaging in seriously irresponsible conduct.

(1) A person cannot give informed consent under this Act unless this section is complied with, and any attempt to waive or circumvent the requirements of this section is of no effect.

(a) when the person's consent is freely and voluntarily given without any inducement being offered; and

(b) the person is capable of understanding the effects of giving consent; and

(3) A person can give informed consent only when he or she has been given:

(a) a clear explanation of the assessment and possible diagnosis, the nature of the proposed treatment, including sufficient information about the type of treatment, its purpose and likely duration to permit the person to make a balanced judgment regarding undertaking it; and

(b) an adequate description, without concealment, exaggeration or distortion, of the benefits, discomforts and risks associated with the treatment; and

(c) an adequate description of any appropriate alternative form of treatment that is reasonably available; and

(d) a clear answer to all relevant questions asked by the person (and the answer has been understood by the person); and

(e) advice that the treatment may be refused or consent may be withdrawn at any time while the treatment is being undertaken; and

(f) advice that independent legal or medical advice may be obtained in relation to the treatment before giving consent (and reasonable assistance is provided to obtain that advice, if requested); and

(h) advice of any relevant financial advantage that may be gained by a medical practitioner proposing the treatment and by the approved treatment facility or approved treatment agency where the treatment is to be undertaken; and

(j) advice of any relevant research relationship between a medical practitioner proposing the treatment and the approved treatment facility or approved treatment agency where the treatment is to be undertaken; and

(k) explanations, descriptions and advice in a manner or form that the person is used to communicating in (and due regard is to be given to age, culture, disability, impairment and any other factors that may influence the person understanding the explanation).

(4) A person must be given adequate time to consider the information provided under subsection (3) before being asked to give his or her informed consent.

(5) A person who is unable to communicate adequately in English but who is able to communicate adequately in another language is to be assisted, as far as is practicable, by a competent interpreter.

(6) A person whose informed consent is being sought may request that another person be present while the informed consent is obtained.

(7) The person-in-charge of the approved treatment facility or approved treatment agency at which treatment is proposed to be performed on a person must ensure that this section is complied with.

(a) someone providing care and support to the person because of his or her sense of responsibility as a relative of, or someone close to, the person; or

(b) if the person does not have anyone providing care and support as mentioned in paragraph (a) – someone most closely involved in the treatment or care of, or support to, the person.

(2) For this section, a relative of the person includes anyone related to the person through a relationship that arises through common ancestry, adoption, marriage, de facto relationship or any customary law or tradition (including Aboriginal customary law or tradition).

(c) a reference to a custodial correctional facility were a reference to a detention centre; and

(d) a reference to the Commissioner of Correctional Services were a reference to the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice.

detainee, see section 5(1) of the Youth Justice Act 2005.

detention centre, see section 5(1) of the Youth Justice Act 2005.