s 1Short title

This is the Mental Health Act 2014 ¹.

s 2Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions¹.

s 3Act binds Crown

This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.

s 4Terms used

In this Act, unless the contrary intention appears —

admission, of a patient, means the admission of the patient by a mental health service, whether the patient is admitted as an inpatient or otherwise;

adult means a person who has reached 18 years of age;

advance health directive means any of the following —

(a)

an advance health directive made under the GAA Act Part 9B;

(b)

an instrument recognised as such under the GAA Act section 110ZA;

(c)

a directive given by a patient under the common law containing treatment decisions in respect of the patient’s future treatment;

Agency means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Minister in administering this Act;

approved form means a form approved by the Chief Psychiatrist under section 545(1);

authorised hospital has the meaning given in section 541;

authorised mental health practitioner means an authorised mental health practitioner designated as such by an order in force under section 539;

bodily restraint has the meaning given in section 227;

carer, of a person, has the meaning given in section 280(1);

CEO means the chief executive officer of the Agency;

CEO of the Health Department means the chief executive officer of the Health Department;

Charter of Mental Health Care Principles means the Charter of Mental Health Care Principles in Schedule 1;

Chief Mental Health Advocate means the Chief Mental Health Advocate appointed under section 349;

Chief Psychiatrist means the Chief Psychiatrist appointed under section 508(1);

child means a person who is under 18 years of age;

child and adolescent psychiatrist means a psychiatrist who has qualifications and clinical training in the treatment of mental illness in children;

CLMI Act means the Criminal Law (Mental Impairment) Act 2023;

close family member, of a person, has the meaning given in section 281(1);

community mental health service means a service that conducts assessments or examinations for the purposes of this Act or provides treatment in the community, but does not include the private practice of a medical practitioner or other health professional;

community treatment order has the meaning given in section 23(1);

Director of the Complaints Office means the Director as defined in section 305;

discharge, of a patient, means the discharge of the patient by a mental health service, whether the patient was admitted as an inpatient or otherwise;

document has the meaning given in the Evidence Act 1906 section 79B;

electroconvulsive therapy has the meaning given in section 192;

emergency psychiatric treatment has the meaning given in section 202;

enduring guardian, of an adult, means the person’s enduring guardian as defined in the GAA Act section 3(1);

enduring power of guardianship means —

(a)

an enduring power of guardianship made under the GAA Act Part 9A; or

(b)

an instrument recognised as such under the GAA Act section 110O;

file, in relation to an order, record or other document relating to a patient or other person, means to put the order, record or other document on the patient’s or other person’s medical record;

GAA Act means the Guardianship and Administration Act 1990;

general hospital means a hospital (as defined in the Health Services Act 2016 section 6) where overnight accommodation is provided to patients other than any of these hospitals —

(a)

an authorised hospital;

(b)

a maternity home;

(c)

a nursing home;

guardian, of an adult, means the person’s guardian as defined in the GAA Act section 3(1);

Health Department means the agency (as defined in the Public Sector Management Act 1994 section 3(1)) principally assisting the Health Minister in the administration of the Health Legislation Administration Act 1984;

Health Minister means the Minister responsible for the administration of the Health Legislation Administration Act 1984;

health professional means —

(a)

a medical practitioner; or

(b)

a nurse; or

(c)

an occupational therapist; or

(d)

a psychologist; or

(e)

a social worker; or

(f)

in relation to a person who is of Aboriginal or Torres Strait Islander descent —

(i)

a health professional listed in paragraphs (a) to (e); or

(ii)

an Aboriginal or Torres Strait Islander mental health worker;

hospital means —

(a)

an authorised hospital; or

(b)

a general hospital;

informed consent, to the provision of treatment, means consent to the provision of the treatment given in accordance with Part 5 Division 2;

inpatient treatment order has the meaning given in section 22(1);

involuntary community patient means a person who is under a community treatment order;

involuntary inpatient means a person who is under an inpatient treatment order;

involuntary patient has the meaning given in section 21(1);

involuntary treatment order has the meaning given in section 21(2);

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

mental health advocate means —

(a)

the Chief Mental Health Advocate; or

(b)

a mental health advocate engaged under section 350(1);

mental health practitioner has the meaning given in section 538;

mental health service —

(a)

means any of these services —

(i)

a hospital, but only to the extent that the hospital provides treatment or care to people who have or may have a mental illness;

(ii)

a community mental health service;

(iii)

any service, or any service in a class of service, prescribed by the regulations for this definition;

and

(b)

does not include —

(i)

a private psychiatric hostel; or

(ii)

a DSC declared place as defined in the CLMI Act section 9(1);

Mental Health Tribunal means the Mental Health Tribunal established by section 380;

mental illness has the meaning given in section 6;

Mental Impairment Review Tribunal means the Mental Impairment Review Tribunal established by the CLMI Act section 156;

metropolitan area means an area of the State prescribed by the regulations as a metropolitan area;

Minister means the Minister responsible for the administration of this Act;

neurosurgeon means a person —

(a)

whose name is contained in the register of specialist surgeons kept by the Medical Board of Australia under the Health Practitioner Regulation National Law (Western Australia) section 223; and

(b)

who has clinical training in neurosurgery;

nominated person, of a person, means the person nominated under section 273(1) to be the person’s nominated person;

nomination means a nomination made under section 273(1);

nurse means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the nursing profession —

(a)

whose name is entered on Division 1 of the Register of Nurses kept under that Law as a registered nurse; or

(b)

whose name is entered on Division 2 of the Register of Nurses kept under that Law as an enrolled nurse;

occupational therapist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the occupational therapy profession;

parent or guardian, of a child, means the person who has parental responsibility (as defined in the Family Court Act 1997 section 68) for the child;

patient means —

(a)

an involuntary patient; or

(b)

a supervised person required under the CLMI Act to be detained at an authorised hospital; or

(c)

a voluntary patient;

patient’s psychiatrist means —

(a)

if the patient is a voluntary patient — the treating psychiatrist; or

(b)

if the patient is an involuntary patient who is under an inpatient treatment order — the treating psychiatrist; or

(c)

if the patient is an involuntary patient who is under a community treatment order — the supervising psychiatrist; or

(d)

if the patient is a supervised person required under the CLMI Act to be detained at an authorised hospital — the treating psychiatrist;

personal information has the meaning given in the Freedom of Information Act 1992 in the Glossary clause 1;

personal support person, of a person, means a person referred to in section 7(2)(b)(i), (ii), (iii), (iv) or (v);

private hospital has the meaning given in the Private Hospitals and Health Services Act 1927 section 2(1);

private psychiatric hostel has the meaning given in the Private Hospitals and Health Services Act 1927 section 2(1);

psychiatrist means a medical practitioner who is —

(a)

a Fellow of the Royal Australian and New Zealand College of Psychiatrists; or

(b)

a person, or a person in a class of person, prescribed by the regulations for this definition;

psychologist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;

psychosurgery has the meaning given in section 205;

public hospital has the meaning given in the Health Services Act 2016 section 6;

registration board has the meaning given in the Health and Disability Services (Complaints) Act 1995 section 3(1);

remuneration has the meaning given in the Salaries and Allowances Act 1975 section 4(1);

seclusion has the meaning given in section 212;

social worker means a person who is a member of, or is eligible for membership of, the Australian Association of Social Workers;

staff member, of a mental health service (however defined in this Act) or a private psychiatric hostel, means a person —

(a)

who is employed in the mental health service or private psychiatric hostel under a contract of employment or contract of training; or

(b)

who provides services to the mental health service or private psychiatric hostel under a contract for services;

supervised person has the meaning given in the CLMI Act section 9(1);

supervising psychiatrist has the meaning given in section 113;

traditional healer, in relation to an Aboriginal or Torres Strait Islander community, means a person of Aboriginal or Torres Strait Islander descent who —

(a)

uses traditional (including spiritual) methods of healing; and

(b)

is recognised by the community as a traditional healer;

transport officer means a person, or a person in a class of person, authorised under section 147 to a carry out a transport order;

treating psychiatrist, in relation to a patient, means the psychiatrist who is in charge of the patient’s treatment;

treatment means the provision of a psychiatric, medical, psychological or psychosocial intervention intended (whether alone or in combination with one or more other therapeutic interventions) to alleviate or prevent the deterioration of a mental illness or a condition that is a consequence of a mental illness, and does not include bodily restraint, seclusion or sterilisation;

treatment decision, in relation to a person, means a decision to give consent, or to refuse to give consent, to treatment being provided to the person;

treatment in the community means treatment that can be provided to a patient without detaining the patient at a hospital under an inpatient treatment order;

treatment, support and discharge plan has the meaning given in section 186;

voluntary inpatient means a voluntary patient who is admitted by a mental health service as an inpatient;

voluntary patient means a person to whom treatment is being, or is proposed to be, provided by a mental health service but who is not —

(a)

an involuntary patient; or

(b)

a supervised person required under the CLMI Act to be detained at an authorised hospital.

Note for this definition:

A voluntary patient can also be —

(a)

a person who is referred under section 26(2) or (3)(a) or 36(2) or is under an order made under section 55(1)(c) or 61(1)(c); or

(b)

a supervised person who is released from an authorised hospital under a leave of absence order under the CLMI Act.

[Section 4 amended: No. 36 of 2015 s. 4; No. 11 of 2016 s. 296(2)-(4); No. 4 of 2018 s. 114; No. 9 of 2022 s. 424; No. 1 of 2023 s. 87; No. 10 of 2023 s. 355.]

s 5Notes and examples not part of Act

A note or example set out at the foot of a provision of this Act is provided to assist understanding and does not form part of this Act.

s 6When person has a mental illness

(1)

A person has a mental illness if the person has a condition that —

(a)

is characterised by a disturbance of thought, mood, volition, perception, orientation or memory; and

(b)

significantly impairs (temporarily or permanently) the person’s judgment or behaviour.

(2)

A person does not have a mental illness merely because one or more of these things apply —

(a)

the person holds, or refuses or fails to hold, a particular religious, cultural, political or philosophical belief or opinion;

(b)

the person engages in, or refuses or fails to engage in, a particular religious, cultural or political activity;

(c)

the person is, or is not, a member of a particular religious, cultural or racial group;

(d)

the person has, or does not have, a particular political, economic or social status;

(e)

the person has a particular sexual preference or orientation;

(f)

the person is sexually promiscuous;

(g)

the person engages in indecent, immoral or illegal conduct;

(h)

the person has an intellectual disability;

(i)

the person uses alcohol or other drugs;

(j)

the person is involved in, or has been involved in, personal or professional conflict;

(k)

the person engages in anti‑social behaviour;

(l)

the person has at any time been —

(i)

provided with treatment; or

(ii)

admitted by or detained at a hospital for the purpose of providing the person with treatment.

(3)

Subsection (2)(i) does not prevent the serious or permanent physiological, biochemical or psychological effects of the use of alcohol or other drugs from being regarded as an indication that a person has a mental illness.

(4)

A decision whether or not a person has a mental illness must be made in accordance with internationally accepted standards prescribed by the regulations for this subsection.

s 7Matters relevant to decision about person’s best interests

(1)

This section applies whenever a person or body is required under this Act to decide what is or is not in the best interests of a person.

(2)

The person or body making the decision must have regard to these things —

(a)

the person’s wishes, to the extent that it is practicable to ascertain those wishes;

(b)

the views of each of these people —

(i)

if the person has an enduring guardian or guardian — the enduring guardian or guardian;

(ii)

if the person is a child — the child’s parent or guardian;

(iii)

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

(iv)

if the person has a carer — the carer;

(v)

if the person has a close family member — the close family member;

(c)

any other matter that the person or body considers relevant to making the decision.

s 8Matters relevant to ascertaining person’s wishes

(1)

This section applies whenever a person or body is required under this Act to ascertain the wishes of a person in relation to a matter.

(2)

For the purposes of ascertaining those wishes, the person or body must have regard to the following —

(a)

any treatment decision in an advance health directive made by the person that is relevant to the matter;

(b)

any term of an enduring power of guardianship made by the person that is relevant to the matter;

(c)

anything that the person says or does that is relevant to the matter if it is said or done at a time that is reasonably contemporaneous with when those wishes are required to be ascertained;

(d)

any other things that the person or body considers relevant to ascertaining those wishes.

s 9Language, form of communication and terms to be used

(1)

For this section, communication with a person includes the provision to a person of any advice, explanation, information, notification or reasons.

(2)

Any communication with a person under this Act must be in a language, form of communication and terms that the person is likely to understand using any means of communication that is practicable and using an interpreter if necessary and practicable.

s 10Objects

(1)

The objects of this Act are as follows —

(a)

to ensure people who have a mental illness are provided the best possible treatment and care —

(i)

with the least possible restriction of their freedom; and

(ii)

with the least possible interference with their rights; and

(iii)

with respect for their dignity;

(b)

to recognise the role of carers and families in the treatment, care and support of people who have a mental illness;

(c)

to recognise and facilitate the involvement of people who have a mental illness, their nominated persons and their carers and families in the consideration of the options that are available for their treatment and care;

(d)

to help minimise the effect of mental illness on family life;

(e)

to ensure the protection of people who have or may have a mental illness;

(f)

to ensure the protection of the community.

(2)

A person or body performing a function under this Act must have regard to those objects.

s 11Regard to be had to Charter

A person or body performing a function under this Act must have regard to the principles set out in the Charter of Mental Health Care Principles.

s 12Compliance with Charter by mental health services

(1)

In this section —

mental health service includes a private psychiatric hostel.

(2)

A mental health service must make every effort to comply with the Charter of Mental Health Care Principles when providing treatment, care and support to patients.

Mental Health Act 2014

About this Act