Australian Capital Territory

Mental Health (Treatment and Care) Regulations 2003
Subordinate Law SL2003-47

The Australian Capital Territory Executive makes the following regulations under the Mental Health (Treatment and Care) Act 1994.
Dated 4 December 2003.
Simon Corbell
Minister
Bill Wood
Minister

Australian Capital Territory

Mental Health (Treatment and Care) Regulations 2003
Subordinate Law SL2003-47
made under the
Mental Health (Treatment and Care) Act 1994

    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	1
	2	Commencement	1
	3	Dictionary	1
	4	Notes	1
Part 2	Interstate application of mental health laws
	5	Notification of interstate agreements	2
	6	Corresponding laws—Act, s 48D (1)	2
	7	Interstate custodial patients—Act, s 48D (2)	2
	8	Corresponding people for interstate custodial patients—Act, s 48D (3)	3
	9	Interstate non-custodial orders—Act, s 48D (4)	4
	10	Recognition of interstate apprehension orders—Act, s 48P	4
	11	People authorised to apprehend under interstate apprehension orders—Act, s 48Q (1) (d)	4
	12	Place to which people can be taken under interstate apprehension orders—Act, s 48R (e)	5
Dictionary		6

Part 1	Preliminary
1	Name of regulations
These regulations are the Mental Health (Treatment and Care) Regulations 2003.
2	Commencement
These regulations commence on the day after their notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain terms used in these regulations, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘Queensland patient—see the Queensland agreement.’ means that the term ‘Queensland patient’ is defined in that agreement and the definition applies to these regulations.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Interstate application of mental health laws
5	Notification of interstate agreements
An agreement entered into under the Act, section 48C (1) is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
6	Corresponding laws—Act, s 48D (1)
The following are corresponding laws for the Act, part 5A:
	(a)	the Mental Health Act 1990 (NSW);
	(b)	the Mental Health Act 1986 (Vic);
	(c)	the Mental Health Act 2000 (Qld).
7	Interstate custodial patients—Act, s 48D (2)
The following are interstate custodial patients for the Act, part 5A:
	(a)	a person apprehended or detained under the NSW Act, chapter 4, part 2 (Involuntary admission to hospitals), division 1 (Admission to and detention in hospitals);
	(b)	a person who is a continued treatment patient as defined in the NSW Act, schedule 1 (Dictionary of terms used in the Act);
	(c)	a person who is a temporary patient as defined in the NSW Act, schedule 1;
	(d)	a person subject to a hospital order or restricted hospital order under the Victorian Act, section 16 (Transfer of mentally ill prisoners);
	(e)	a person who is the subject of a warrant issued under the Victorian Act, section 53AA (Warrant to arrest security patient absent without leave who leaves Victoria);
	(f)	a person apprehended under the Victorian Act, section 53AD (Apprehension of forensic patient absent without leave);
	(g)	a person who is a classified patient under the Queensland Act, section 69 (Classified patients);
	(h)	a person subject to an order under the Queensland Act, section 101 (Court may order person’s detention in authorised mental health service);
	(i)	a person subject to the Queensland Act, section 185 (Apprehension of involuntary patients interstate);
	(j)	a person subject to an order under the Queensland Act, section 273 (1) (b) (Orders about custody);
	(k)	a person subject to an order under the Queensland Act, section 288 (Mental Health Court may make forensic order);
	(l)	a person subject to an order under the Queensland Act, section 302 (Minister may make forensic order for persons subject to custody order);
	(m)	a person subject to an order for detention in a stated authorised mental health service under the Queensland Act, section 337 (6) (Appeal powers).
8	Corresponding people for interstate custodial patients—Act, s 48D (3)
For the Act, section 48D (3)—
	(a)	an interstate custodial patient mentioned in regulation 7 (a) corresponds to a person being detained under the Act, section 38, with the detention having commenced at the time the person arrives at the place mentioned in regulation 12; and
	(b)	an interstate custodial patient mentioned in another paragraph of regulation 7 corresponds to a person subject to a custody order under the Act, section 26 (1), 27, 72 or 74, as the case requires, that was made at the time specified in the interstate apprehension or transfer order.
9	Interstate non-custodial orders—Act, s 48D (4)
The following are interstate non-custodial orders for the Act, part 5A:
	(a)	an order under the NSW Act, section 118 (Making of community counselling orders);
	(b)	an order under the NSW Act, section 131 (Making of community treatment orders).
10	Recognition of interstate apprehension orders—Act, s 48P
It is a condition of recognition of an interstate apprehension order that the order complies with the interstate agreement under which it is issued and any applicable requirements of the relevant corresponding law.
11	People authorised to apprehend under interstate apprehension orders—Act, s 48Q (1) (d)
The following people are authorised to apprehend a person under an interstate apprehension order:
	(a)	a mental health officer;
	(b)	a doctor.
Note	Police officers and people authorised under corresponding laws are also authorised (see the Act, s 48Q (1) (c) and (d)).
12	Place to which people can be taken under interstate apprehension orders—Act, s 48R (e)
The only place in the ACT that a person apprehended under an interstate apprehension order can be taken to and detained at is The Canberra Hospital.

Dictionary
(see reg 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to these regulations.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	doctor
·	under.
Note 3	Terms used in these regulations have the same meaning that they have in the Mental Health (Treatment and Care) Regulations 1994 (see Legislation Act, s 148).  For example, the following terms are defined in the Mental Health (Treatment and Care) Regulations 1994, section 4:
·	mental health officer.
interstate agreement means any of the following agreements about the interstate application of mental health laws:
	(a)	the agreement dated 25 July 2002 between the Minister for Health for the ACT and the Minister for Health of the State of Victoria (the Victorian agreement);
	(b)	the agreement dated 30 August 2002 between the Minister for Health for the ACT and the Minister for Health of the State of Queensland (the Queensland agreement);
	(c)	the agreement dated 18 November 2003 between the Minister for Health for the ACT and the Minister for Health of the State of New South Wales (the New South Wales agreement).
interstate apprehension order means an interstate apprehension order under an interstate agreement.
NSW Act means the Mental Health Act 1990 (NSW).
Queensland Act means the Mental Health Act 2000 (Qld).
Victorian Act means the Mental Health Act 1986 (Vic).

Endnotes
1	Notification
	Notified under the Legislation Act on 15 December 2003.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2003