Australian Capital Territory
Mental Health (Treatment and Care) Amendment Act 2007
A2007-43
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Offences against Act—application of Criminal Code etc
Section 4A, note 1, 3rd dot point	2
	5	Section 4A, note 1, 6th dot point	2
	6	Section 5 heading	2
	7	Section 5	3
	8	Definitions for pt 5A
Section 48B, definitions of custodial order and non-custodial order	3
	9	Transfer of custodial patients from ACT
Section 48G (1) (b)	3
	10	Application of Act to persons transferred to ACT under s 48K
Section 48L (d)	3
	11	Division 5A.4 heading	4
	12	Section 48M heading	4
	13	Section 48M	4
	14	New section 48M (2)	4
	15	Section 55C heading	4
	16	Section 55J heading	4
	17	Mental health officers
Section 119 (2)	5
	18	Dictionary, definition of custodial order	5
	19	Dictionary, definition of non-custodial order	5

Australian Capital Territory
Mental Health (Treatment and Care) Amendment Act 2007
A2007-43

An Act to amend the Mental Health (Treatment and Care) Act 1994

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Mental Health (Treatment and Care) Amendment Act 2007.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Mental Health (Treatment and Care) Act 1994.
4	Offences against Act—application of Criminal Code etc
Section 4A, note 1, 3rd dot point
substitute
·	s 55C (Offence—electroconvulsive therapy on 10 or more occasions since consent)
5	Section 4A, note 1, 6th dot point
substitute
·	s 55J (Offence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order)
6	Section 5 heading
substitute
5	People not to be regarded as mentally dysfunctional or mentally ill

7	Section 5
omit everything before paragraph (a), substitute
For this Act, a person is not to be regarded as mentally dysfunctional or mentally ill only because of any of the following:
8	Definitions for pt 5A
Section 48B, definitions of custodial order and
non-custodial order
omit
9	Transfer of custodial patients from ACT
Section 48G (1) (b)
substitute
	(b)	is subject to a psychiatric treatment order and is being detained under—
	(i)	a restriction order made under section 30; or
	(ii)	action taken under section 35 (Powers in relation to detention, restraint etc) or section 36K (Contravention of psychiatric treatment order or community care order);
10	Application of Act to persons transferred to ACT
under s 48K
Section 48L (d)
omit
custodial order
substitute
custody order
11	Division 5A.4 heading
substitute
Division 5A.4	Psychiatric treatment orders and interstate non-custodial orders
12	Section 48M heading
substitute
48M	Psychiatric treatment orders relating to interstate people
13	Section 48M
omit everything before paragraph (a), substitute 
	(1)	A psychiatric treatment order may be made under division 4.4 even though the affected person does not reside in the ACT, if—
14	New section 48M (2)
insert
	(2)	However, a restriction order mentioned in section 31 (a) (ii) may not be made in relation to the affected person.
15	Section 55C heading
substitute
55C	Offence—electroconvulsive therapy on 10 or more occasions since consent
16	Section 55J heading
substitute
55J	Offence—electroconvulsive therapy on 10 or more occasions since electroconvulsive therapy order
17	Mental health officers
Section 119 (2)	
omit
or social worker
insert
, occupational therapist or social worker
18	Dictionary, definition of custodial order
omit
19	Dictionary, definition of non-custodial order
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 22 November 2007.
2	Notification
	Notified under the Legislation Act on 12 December 2007.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Mental Health (Treatment and Care) Amendment Bill 2007, which was passed by the Legislative Assembly on 6 December 2007. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2007