Mental Health (Secure Facilities) Act 2016

Number: A2016-31
Status: In Force

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Current version

Notes

Uncommenced amendments by Statute Law Amendment Act 2025.

Effective	Files/Formats	Version	Published	Notes
23 June 2021	HTML PDF Word	R5	23 June 2021	Republication for amendments by A2021-12

Administering Minister and Directorate

Minister for Mental Health - Health and Community Services Directorate
Minister for Mental Health - Canberra Health Services

Legislative instruments

Legislative instruments under the Act and its subordinate laws

Name	Status	Classifier	Type	Under	Effective	Year and No
Mental Health (Secure Facility) Declaration 2016 (No 1)	None		Notifiable instruments	s 7	30 August 2016	NI2016-471
Mental Health (Secure Facilities) Use of Force Secure Mental Health Facility Direction 2016(Repealed)	Repealed		Notifiable instruments	s 9 and s 60	15 November 2016 - 8 July 2021	NI2016-623
Mental Health (Secure Facilities) Strip Searches Secure Mental Health Facility Direction 2016(Repealed)	Repealed		Notifiable instruments	s 9 and s 44	15 November 2016 - 27 May 2021	NI2016-624
Mental Health (Secure Facilities) Delegation 2016 (No 1)(Repealed)	Repealed	Delegation	Notifiable instruments	s 12	22 November 2016 - 14 November 2017	NI2016-639
Mental Health (Secure Facilities) (Health Practitioners) Authorisation 2016 (No 1)(Repealed)	Repealed		Notifiable instruments	Dictionary	22 November 2016 - 27 July 2022	NI2016-643
Mental Health (Secure Facilities) Delegation 2017 (No 1)(Repealed)	Repealed	Delegation	Notifiable instruments	s 12	15 November 2017 - 2 April 2020	NI2017-606
Mental Health (Secure Facilities) Delegation 2020 (No 1)(Repealed)	Repealed	Delegation	Notifiable instruments	s 12	3 April 2020 - 6 February 2024	NI2020-472
Mental Health (Secure Facilities) Strip Searches Secure Mental Health Facility Direction 2021(Repealed)	Repealed		Notifiable instruments	s 9 and s 44	28 May 2021 - 16 May 2024	NI2021-312
Mental Health (Secure Facilities) Use of Force Secure Mental Health Facility Direction 2021(Repealed)	Repealed		Notifiable instruments	s 9 and s 60	9 July 2021 - 6 May 2024	NI2021-414
Mental Health (Secure Facilities) Prohibited and Restricted Items and Items Requiring Approval Secure Mental Health Facility Direction 2021(Repealed)	Repealed		Notifiable instruments	s 9 and s 10	3 August 2021 - 25 September 2025	NI2021-466
Mental Health (Secure Facilities) (Health Practitioners) Authorisation 2022 (No 1)	None		Notifiable instruments	Dictionary	28 July 2022	NI2022-486
Mental Health (Secure Facilities) Delegation 2024 (No 1)	None	Delegation	Notifiable instruments	s 12	7 February 2024	NI2024-59
Mental Health (Secure Facilities) Use of Force Secure Mental Health Facility Direction 2024	None		Notifiable instruments	s 9 and s 60	7 May 2024	NI2024-223
Mental Health (Secure Facilities) Strip Searches Secure Mental Health Facility Direction 2024	None		Notifiable instruments	s 9 and s 44	17 May 2024	NI2024-239
Mental Health (Secure Facilities) Visitor Conditions Secure Mental Health Facility Direction 2025	None		Notifiable instruments	s 9	26 September 2025	NI2025-521
Mental Health (Secure Facilities) Prohibited Things Secure Mental Health Facility Direction 2025	None		Notifiable instruments	s 9	26 September 2025	NI2025-522

Related instruments

Name	Effective	Year and No	Classification	Status
Public Sector Management (Mental Health (Secure Facilities)) Delegation 2016 (No 1) (Repealed)	22 November 2016 - 14 November 2017	NI2016-638	ni	Repealed
Public Sector Management (Mental Health (Secure Facilities)) Delegation 2017 (No 1) (Repealed)	15 November 2017 - 6 February 2024	NI2017-607	ni	Repealed
Public Sector Management (Mental Health (Secure Facilities)) Delegation 2024 (No 1)	7 February 2024	NI2024-58	ni	None

Point-in-time versions

Enter a date to find a version from 21 June 2016 onwards:

The following table lists 5 point in time versions. You can skip this and jump to the next tab.
Effective	Files/Formats	Version	Published	Notes
23 June 2021	HTML PDF Word	R5	23 June 2021	Republication for amendments by A2021-12
22 June 2021 - 22 June 2021	HTML PDF Word	R4	22 June 2021	Republication for expiry of provision (s 79)
1 February 2021 - 21 June 2021	HTML PDF Word	R3	1 February 2021	Republication for amendments by A2020-29
1 December 2019 - 31 January 2021	HTML PDF Word	R2	1 December 2019	Republication for amendments by A2018-52 as amended by A2019-18
21 June 2016 - 30 November 2019	HTML PDF Word	R1	21 June 2016	Republication for new Act
21 June 2016	HTML PDF Word	As notified	20 June 2016

Bill and Explanatory statement

The bill and explanatory statement for this Act are accessed from Mental Health (Secure Facilities) Bill 2016.

Notification statement

The Mental Health (Secure Facilities) Act 2016 has been passed by the Legislative Assembly and is notified under the Legislation Act 2001.

Notified: 20 June 2016 (Parliamentary Counsel)

Act as notified

Date notified	Effective	Files/Formats	Notes
20 June 2016	21 June 2016	HTML PDF Word

Commencement

Provision	Commencement date	Commencement method
s 1, s 2	20 June 2016	LA s 75 (1)
remainder	21 June 2016	s 2

Expiries

Provision	Expiry date	Expiry method
s 79	21 June 2021 (midnight)	s 79 (3)

Amendments

For section-by-section amendment annotations, see the amendment history in the endnotes in the current version of this law.

Year and number	Amending law	Amending provision	Commencement date
A2020-29	Working with Vulnerable People (Background Checking) Amendment Act 2020	sch 1 pt 1.4	1 February 2021
A2021-12	Statute Law Amendment Act 2021	sch 3 pt 3.38	23 June 2021
A2018-52	Integrity Commission Act 2018	sch 1 pt 1.17	1 December 2019
A2025-29	Statute Law Amendment Act 2025	sch 4 pt 4.127	commences 26 December 2025