Australian Capital Territory
Mental Health (Treatment and Care) Regulations 2003     No 47
made under the
Mental Health (Treatment and Care) Act 1994
Republication No 1
Effective:  16 December 2003 - 16 August 2004
Republication date: 16 December 2003
Regulations not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Mental Health (Treatment and Care) Regulations 2003, made under the Mental Health (Treatment and Care) Act 1994, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  It also includes any commencement, amendment, repeal or expiry affecting the republished law up to 16 December 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Mental Health (Treatment and Care) Regulations 2003
made under the
Mental Health (Treatment and Care) Act 1994
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	3	Dictionary	2
	4	Notes	2
Part 2	Interstate application of mental health laws
	5	Notification of interstate agreements	3
	6	Corresponding laws—Act, s 48D (1)	3
	7	Interstate custodial patients—Act, s 48D (2)	3
	8	Corresponding people for interstate custodial patients—Act, s 48D (3)	4
	9	Interstate non-custodial orders—Act, s 48D (4)	5
	10	Recognition of interstate apprehension orders—Act, s 48P	5
	11	People authorised to apprehend under interstate apprehension orders—Act, s 48Q (1) (d)	5
	12	Place to which people can be taken under interstate apprehension orders—Act, s 48R (e)	6
Dictionary		7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9

Australian Capital Territory
Mental Health (Treatment and Care) Regulations 2003     

made under the
Mental Health (Treatment and Care) Act 1994

    

  

Part 1	Preliminary
1	Name of regulations
These regulations are the Mental Health (Treatment and Care) Regulations 2003.
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	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key
am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Mental Health (Treatment and Care) Regulations 2003 SL2003-47
notified LR 15 December 2003
reg 1, reg 2 commenced 16 December 2003 (LA s 75 (1))
remainder commenced 16 December 2003 (reg 2)
4	Amendment history
Commencement
reg 2	om LA s 89 (4)

©  Australian Capital Territory 2003