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Mental Health Act 1986Related Legislation
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (External site) The Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 provides for the detention, management and release of persons found by a court to be either unfit to stand trial or not guilty of an offence on the grounds of mental impairment. Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2009 (External site) Non-custodial supervision orders. Policy and procedure manual - July 2009 (PDF file 816KB) Non-custodial supervision orders: About your rights - June 2007 (Patient rights series) Protocol for the supervision and treatment of people subject to non-custodial supervision orders between Forensicare and area mental health services - March 2007 (Program management circular) Freedom of Information Act 1982 Freedom of Information Act 1982 (External site) The Freedom of Information Act 1982 creates a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies. Guardianship and Administration Act 1986 Guardianship and Administration Act 1986 (External site) The Guardianship and Administration Act 1986 establishes a legislative regime to enable persons with a disability to have a guardian or administrator appointed when they need a guardian or administrator. The Guardianship and Administration Act also governs the performance of medical and dental treatments, special procedures and medical research procedures on people aged 18 years or older who have a disability (intellectual impairment, mental disorder, brain injury, physical disability or dementia), where that person is incapable of deciding whether to consent to the procedure. See also:
Health Records Act 2001 (External site) The Health Records Act 2001 creates a scheme to regulate the collection and handling of health information in Victoria. The Health Records Act does not override other legislative regimes for confidentiality (such as section 120A of the Mental Health Act) or access to information (such as freedom of information), but rather complements and supplements those regimes. The Health Services Commissioner administers the Health Records Act See also:
Non-Emergency Patient Transport Act 2003 Non-Emergency Patient Transport Act 2003 (External site) The Non-Emergency Patient Transport Act 2003 governs non-emergency patient transport (NEPT). NEPT providers are trained to provide safe transport of medically stable people who will not require significant medical intervention during transport. The NEPT service is not an emergency ambulance service and cannot transport people who require urgent medical evaluation or treatment. Non-Emergency Patient Transport of People with Mental Illness - October 2006 (PDF file 98KB) (Program management circular) See also: Non-Emergency Patient Transport Regulations 2005 (External site) The Non-Emergency Patient Transport Regulations 2005 prescribe standards and requirements for the provision of non-emergency patient transport services under the Non-Emergency Patient Transport Act 2003. Sentencing Act 1991 (External site) Part 5 of the Sentencing Act 1991 enables Victorian courts to make restricted involuntary treatment orders and hospital security orders for persons found guilty of offences who require involuntary treatment and care for mental illness. Sentencing and Mental Health Acts (Amendment) Act 2005 Summary of key amendments - October 2006 (PDF file 107KB) (Chief Psychiatrist's guideline)Restricted involuntary treatment orders and restricted community treatment orders - October 2006 (PDF file 188KB) (Chief Psychiatrist's guideline) Changes to hospital orders under the Sentencing Act 1991 - October 2006 (PDF file 90KB) (Chief Psychiatrist's guideline) Sentencing Regulations 2002 Sentencing Regulations 2002 (External site) The Sentencing Regulations 2002 prescribe forms and procedures to give effect to the Sentencing Act 1991. Sentencing Act 1991 - Forms Form 4A - Certificate of Psychiatrist for diagnosis, assessment and treatment order (65KB) January 2007 Form 4B - Certificate of Psychiatrist for restricted involuntary treatment order (65KB) January 2007 Form 4C - Certificate of Psychiatrist for hospital security order (65KB) January 2007 Form 5A - Report of authorised psychiatrist for diagnosis, assessment and treatment order (77KB) January 2007 Form 5B - Report of authorised psychiatrist for restricted involuntary treatment order (77KB) January 2007 Form 5C - Report of authorised psychiatrist for hospital security order (77KB) January 2007 Charter of Human Rights and Responsibilities Act 2006 Charter of Human Rights and Responsibilities Act 2006 (External site) The Victorian Charter of Human Rights and Responsibilities Act 2006 seeks to promote and protect certain human rights. The charter defines the protected rights and requires public mental health services to act compatibly with these rights. The charter also specifies when and how rights can be limited by law. Further information about the charter is available here. Related health legislation, including links to other websites. Where to get copies of the legislation Hard copies of the legislation can be purchased from Information Victoria (External site) 505 Little Collins Street, Melbourne, 3000, or by calling Information Victoria on 1300 366 356 for the cost of a local call anywhere in Australia or +613 9603 9900 for international callers. |
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Last updated:
15 October, 2009
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