Australian Capital Territory
Mental Health (Secure Facilities) Delegation 2017 (No 1)
Notifiable instrument NI2017–606
made under the  
Mental Health (Secure Facilities) Act 2016, s 12 (Director-general—delegations)

1	Name of instrument
This instrument is the Mental Health (Secure Facilities) Delegation 2017 
(No 1).
2	Commencement 
This instrument commences on the day after the day it is made. 
3	Revocation
I revoke the Mental Health (Secure Facilities) Delegation 2016 (No 1).
4	Delegation of functions
I delegate my functions as director-general with responsibility for the Mental Health (Secure Facilities) Act 2016 as set out in Column 1 of the Schedule to authorised health practitioners who are the occupant or occupants of the position specified in Column 2 of the Schedule, subject to any conditions specified in Column 3 of the Schedule.

Nicole Feely
Director General
14 November 2017

Mental Health (Secure Facilities) Delegation 2017 (No 1) — Schedule
Mental Health (Secure Facilities) Act 2016 – Delegated Functions: Dhulwa Mental Health Unit (DMHU)

Column 1
Function	Column 2
Delegate	Column 3
Conditions	
Section 9: Making of secure mental health facility directions	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services	None	
Section 17: Limitation of a patient’s contact with others	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU	None	
Section 18: Register of limitations on a patient’s contact with others	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU	None	
Section 21(2): Taking reasonable steps to prevent patient contact with another person if such contact is prohibited under a court order	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Sections 23(2) and 23(3): Monitoring communications in the electronic communications area	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Director-on-call, DMHU	None	
Section 25: Monitoring and searching of patient’s mail
	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Section 26: Consequences of mail searches	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Sections  27(1), 27(2) and 27(4): Register of searched mail	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Section 27(3): How the searched mail register is kept	•	Operational Director, Justice Health Services	None	
Section 32(2): Decision that a nominated time of a visit by the public trustee and guardian, accredited person or other visitor listed in section 32(1) is not a reasonable time	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Director-on-call, DMHU	None	
Section 32(3): Provision of reasonable assistance to public trustee and guardian, accredited person or other visitor listed in section 32(1)	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 33(2): Requirement that an intending visitor make an appointment to visit

(Only applies if decision has been made to limit contact under s 17(2))	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Sections 33(3) and 33(4): Decision to refuse to allow an intending visitor to visit; giving notice of refusal 

(Only applies if decision has been made to limit contact under s 17(2))	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Section 35(1): Approval to take prohibited thing into a secure mental health facility	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Director-on-call	None	
	•	Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	Only in relation to restricted items brought in by a consumer or a visitor to a consumer.	
Section 40(1): Direction to authorised health practitioner to conduct a scanning, frisk or ordinary search of a patient	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
	•	Nurse in charge, DMHU	Only in the absence from DMHU of all of the following:
•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	
Sections 44(1) and 44(2): Direction to authorised health practitioner to conduct a strip search of a patient	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Section 46(5): Provision of appropriate clothing to a patient after strip search	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 48: Arranging for medical examination and treatment if there is a reasonable suspicion that a patient has ingested or concealed something	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 49: Record of treatment if a patient has ingested or concealed something	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 51: Record of searches of premises and personal property	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 52(1): Use of force during search (a) to carry out a search; or (b) to prevent the loss, destruction or contamination of anything seized or may be seized during the search.	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Director-on-call, DMHU	None	
Section 55: Forfeiture of things seized	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services	None	
Section 56: Return of things seized but not forfeited	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU	None	
Sections 59(1), 59(2) and 59(4): Register of searched premises and personal property	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 59(3): How the searches register is kept	•	Operational Director, Justice Health Services	None	
Section 63: Ensuring that patient receives a medical examination after the use of force	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 64: Record of use of force	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Sections 65(1), 65(2) and 65(4): Register of use of force	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 65(3): How the use of force register is kept	•	Operational Director, Justice Health Services	None	
Section 67: Giving reviewable decision notices after a decision is made	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	None	
Section 73(2): Approval to take prohibited thing into secure mental health facility for purposes of providing a trades service	•	Operational Director, Justice Health Services
•	Director-on-call, DMHU	None