Australian Capital Territory
Public Sector Management (Mental Health (Secure Facilities)) Delegation 2017 (No 1)
Notifiable instrument NI2017–607
made under the  
Public Sector Management Act 1994, s 20 (Delegation by director-general)

1	Name of instrument
This instrument is the Public Sector Management (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 Public Sector Management (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 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

Public Sector Management (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 34: Directions to visitors and record of directions to visitors	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services	None	
	•	Consultant Psychiatrist, DMHU
•	On-call Consultant Psychiatrist, DMHU
•	Assistant Director of Nursing, DMHU
•	Nurse in charge, DMHU	No directions to be given to an Accredited Person.	
	•	Director, Client Services, Security and Emergency
•	Senior Manager, Protective Security
•	DMHU Authorised Person	Only a direction for a visitor to not enter the DMHU, or to leave the DMHU (s 34(2)).

No directions to be given to an Accredited Person.	
Section 35(2): Direction to a person who takes a prohibited item into a secure mental health facility	•	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
•	Director, Client Services, Security and Emergency
•	Senior Manager, Protective Security
•	DMHU Authorised Person	None	
Section 36(1): Direction to authorised person to conduct a search of a visitor	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services
•	Director, Client Services, Security and Emergency	None	
Section 50: Search 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	
	•	Director, Client Services, Security and Emergency
•	Senior Manager, Protective Security
•	DMHU Authorised Person	Except for searches of a patient’s personal property or searches of clinical areas in a secure mental health facility, unless directed by an authorised health practitioner.	
Section 53: Seizing 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
•	Director-on-call	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	
	•	Director, Client Services, Security and Emergency
•	Senior Manager, Protective Security
•	DMHU Authorised Person	Only if the item was found as part of a search conducted by the delegate in Column 2.	
Section 54: Receipt for things seized

	•	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	
	•	Director, Client Services, Security and Emergency
•	Senior Manager, Protective Security
•	DMHU Authorised Person	Only if the item was found as part of a search conducted by the delegate in Column 2.	
Section 69: Appointment of authorised person, and ending of appointment of authorised person	•	Operational Director, Justice Health Services
•	Director, Client Services, Security and Emergency	None	
Section 70(2)(b): Giving written notice limiting the functions of an authorised person	•	Operational Director, Justice Health Services
•	Director, Client Services, Security and Emergency	None	
Section 72: Giving identity card to authorised person	•	Director, Client Services, Security and Emergency	None	
Authorisation of a health practitioner as an authorised health practitioner (see Dictionary)	•	Clinical Director, Forensic Mental Health Services
•	Operational Director, Justice Health Services	None