Section 10(2): amended, on 31 January 2018, by section 9(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 2(1) Board: repealed, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23). may at any time revoke or vary the dispensation by giving notice. If, in any case to which subsection (8) applies, the district inspector considers that an application should be made to have the patient’s condition reviewed under section 16, but neither the patient nor any person specified in paragraphs (b) to (e) of subsection (5) intends to make such an application, the district inspector may report the matter to the court; and, in such a case, a Judge may, of his or her own motion, review the patient’s condition under section 16 as if an appropriate application for such a review had been made to the court. a copy of the certificate of final assessment relating to a patient who is the subject of an application under section 14(4); and, a statement of the legal consequences of the finding set out in the certificate of final assessment; and. The district inspector must communicate with the patient by talking to him or her, unless talking to him or her is impracticable; and. Section 2(1) biometric information: inserted, on 22 August 2017, by section 43 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42). Every district inspector, and every official visitor, shall, when visiting any hospital or service for the purposes of this Act, have access to every part of the hospital or service and to every person in it, whether detained or not. Notice of an application made under section 8A may be given by any means, including by telephone. Section 8B: inserted, on 1 April 2000, by section 8 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 109(3A): inserted, on 1 April 2000, by section 59(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 43A: inserted, on 22 August 2017, by section 44 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42). Section 10A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). Section 110C: inserted, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). If a patient who is detained under section 46 wishes to be removed to a prison or, as the case requires, a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014 to undergo the remainder of his or her sentence or otherwise to be dealt with according to law, the Director of Area Mental Health Services shall make the necessary arrangements as soon as practicable, unless an application is sooner made under section 8A for assessment of the patient. within 14 days after the death, notify the Director of the death, the apparent cause of death, and the name of any member of the staff of a service who was present at the death. a health practitioner is asked, by an applicant, to issue a certificate to accompany the application form; or. Section 8B(6): inserted, on 31 January 2018, by section 7(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). In any case to which subsection (3) applies, the patient may be taken to the specified hospital by the Director, or by the Director of Area Mental Health Services, or by a duly authorised officer, or by any constable, or by any person to whom the charge of the patient has been entrusted during the period of leave. Section 122(4): repealed, on 1 April 2000, by section 67 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Since the changes brought about in 2000 under Bill 68 (often referred to as Brian's Law, named after Brian Smith who was shot dead in 1995 by a person suffering from paranoid schizophrenia), the Act allows for a community treatment order by the attending physician. A Form 9 is used when an individual believes a person has a mental disorder and apparently meets the committal criteria used by a physician. A constable called to the assistance of a duly authorised officer for the purposes described in section 38(4)(b) or (d) or section 40(2)—, may enter the premises where the person or proposed patient or patient is; and. In section 41(3)(b), (4)(a), and (4)(b)(ii), “medical examination” is modified to “examination”. The Director may, at any time during the period of leave granted under this section to any patient, cancel the leave; and, in any such case, the provisions of subsections (3) to (5) of section 50 shall apply with any necessary modifications. If the responsible clinician is of the opinion that the patient is not mentally disordered, that clinician shall direct that the patient be released from compulsory status forthwith (but without prejudice to the making of a further application under section 8A in respect of the patient at some time in the future). thereafter at intervals of not longer than 6 months. a reference to leave means leave under section 50 or section 52: a reference to a sentence means a sentence, an order of committal, or an order of detention: liability to detention under a sentence ceases on the earliest of the following dates: the date specified in an order of the New Zealand Parole Board that the person be released on parole or compassionate leave: the release date (if any) of the person’s sentence, as defined under Part 1 of the Parole Act 2002: the date on which the sentence is determined: in the case of a person subject to a public protection order under the Public Safety (Public Protection Orders) Act 2014, the date on which that order is cancelled. A Tribunal that requests a person to prepare a report must make 1 of the orders described in subclause (8). that in his or her opinion the patient is not fit to be released from compulsory status. Section 114: replaced, on 1 April 2000, by section 65 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). No person shall publish any report of proceedings before a Review Tribunal except with the leave of the Tribunal. Section 8B(5)(c): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 91(4): amended, on 31 January 2018, by section 16 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Where a patient is admitted or re-admitted to a hospital pursuant to a direction under subsection (1), that patient shall not, unless his or her leave is cancelled under section 50(3), be detained in that hospital for more than 72 hours. Except during the period of 1 month referred to in subsection (1), no patient shall be required to accept any treatment unless—, the patient, having had the treatment explained to him or her in accordance with section 67, consents in writing to the treatment; or. A Review Tribunal shall have all such other functions as are conferred on it by this Act or any other enactment. The court must treat the application as if it were an application made under section 14(4). If the Judge is satisfied that the patient is fit to be released from compulsory status, the Judge shall order that the patient be released from that status forthwith. For the purposes of any examination under this section, the Judge shall have power—, to summon any medical or other witnesses to testify on oath in respect of any matter involved in the examination, and to produce any relevant documents; and. Where any letter or other postal article is withheld pursuant to section 123 or section 124, the patient shall be informed of the fact, unless the responsible clinician is satisfied that to do so would be detrimental to the interests of the patient and to his or her treatment. The Mental Health Act (MHA) 1983 is the law in England and Wales which was updated in 2007. If the district inspector considers that such an application should be made, the district inspector shall take whatever reasonable steps he or she thinks necessary to encourage or assist the patient, or any person specified in subparagraphs (ii) to (iv) of subsection (7)(b), to make such an application. Any person to whom a copy of a certificate of clinical review is sent under section 78 may apply to the Review Tribunal for a review of the patient’s condition. decide, on reasonable grounds, whether or not the person needs to have a medical examination urgently in the person’s own interests or the interests of any other person. No civil proceedings may be brought against any district inspector or official visitor for any thing he or she may do or report or say in the course of the exercise or intended exercise of his or her powers, duties, or functions under this Act, unless it is shown that he or she acted in bad faith. Section 99C: inserted, on 5 December 2006, by section 12 of the Crimes of Torture Amendment Act 2006 (2006 No 68). the responsible clinician may, notwithstanding that the period has not expired, refer the case to the psychiatrist referred to in subsection (2)(b) for consideration, so as to ensure that the opinion of that psychiatrist is available on the expiry of that period. each of the persons specified in section 76(7)(b): in any case where the responsible clinician is of the opinion that the patient is no longer unfit to stand trial, or that the patient is still unfit to stand trial but it is no longer necessary that the patient should be subject to the order of detention as a special patient, that clinician shall also send a copy of the certificate of clinical review to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003: despite section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, on receiving a copy of the certificate of clinical review under paragraph (c), the Attorney-General may, instead of exercising and performing the powers and duties under that section, apply to the Review Tribunal for a review of the patient’s condition. the patient is excused or excluded by the court under subsection (2) or subsection (3). In section 127(8), “medical certificates” is modified to “assessment certificates”. For the purposes of any such review, the responsible clinician shall—. Section 2(1) special patient: replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Section 110C(1)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). In sections 64(1), 64(2)(a), 65 to 72, and 75, patient includes a proposed patient. Statutory Forms under the Mental Health Act 2001. in respect of such locations as the Minister may specify in the instrument of appointment. To each of the persons specified in subparagraphs (i) to (iv) of subsection (7)(b) the responsible clinician shall also send a statement of the legal consequences of the finding set out in the certificate of clinical review, and of the recipient’s right to apply to the Review Tribunal for a review of the patient’s condition. Section 110C(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Section 76(6A): inserted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). If the Director-General of Health or the Director specifies a form, it must be used. Section 80(4)(c): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). In clause 8(2)(b)(i), “medical professions” is modified to “health professions”. If the responsible clinician learns of the death of a patient (whether within or outside the hospital), that officer shall—. If the specified hospital is not the one from which the patient was on leave, the patient shall, subject to subsections (5) to (7), be received and detained there as if he or she had been transferred to that hospital pursuant to section 49. The Judge who examines the patient under subsection (1) shall, wherever possible, conduct any hearing of the application under the succeeding provisions of this Part; and in no case shall any hearing of the application be held until the patient has been visited by a Judge in accordance with that subsection. Every reception order made under section 24 of the Mental Health Act 1969 and in force immediately before the commencement of this Act shall be deemed for the purposes of this Act,—, to be a community treatment order, in any case where, on making the order, the Judge gave a direction under section 38 of the Mental Health Act 1969 that the person be received and detained in the house of a householder instead of in a hospital; or. arrange for the review to start as soon as practicable after the receipt of the application and not later than 21 days after the receipt of the application. if the patient is a special patient who is, or is deemed to be, subject to an order under section 34(1)(a)(i) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the order is deemed to have been made under section 34(1)(a)(ii) of that Act. A medical practitioner who administers a sedative drug under subsection (2) must, as soon as practicable,—, record the circumstances in which the drug was administered; and. every patient who is subject to assessment otherwise than in a hospital; and, every patient who is subject to a community treatment order; and. Forms made under the Mental Health Act 2007 and the Mental Health Regulation 2013 include prescribed forms (content specified in legislation) and non-prescribed forms (developed by NSW Health to assist with the administration of the Act and approved by the Minister for Mental Health or their delegate).. Section 113A(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Schedule 1 clause 8(2)(b): replaced, on 1 April 2000, by section 75(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The responsible clinician shall send to the Director of Area Mental Health Services—, a copy of the certificate of further assessment; and, full particulars of the reasons for his or her opinion of the patient’s condition, and any relevant reports from other health professionals involved in the case; and. Section 2(1) nurse: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48). otherwise deal with the case in accordance with section 11. Section 10(2)(c): amended, on 1 April 2000, by section 10(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 77(4)(c): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). The Director of Area Mental Health Services shall comply with any direction given under subsection (1) at the time or within the period stated in the direction or, if no such time or period is so stated, as soon as practicable. Every person who, immediately before the commencement of this Act, was detained in a hospital as a committed patient pursuant to an order made under subsection (2) or subsection (6) of section 115 or section 118(1) of the Criminal Justice Act 1985, or pursuant to a direction given under subsection (4) or subsection (5) or subsection (6)(b) of section 116 or section 117(2) of that Act, shall be deemed for the purposes of this Act to be detained as a patient, and that order or direction shall be deemed for those purposes to be a compulsory treatment order. maintain an appropriate directory listing of a telephone number to ring when information or assistance is required under this Act. Section 50(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). Subsection (2) applies to the medical practitioner nominated to conduct the assessment examination of a proposed patient who is the subject of an application made under section 110(2)(b). Section 38A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). If the Director of Area Mental Health Services considers—, that any patient who is subject to an inpatient order presents special difficulties because of the danger he or she poses to others; and. A person who is a special patient or a restricted patient must allow the collection of biometric information if directed by—, the Director of Area Mental Health Services; or. Section 110: replaced, on 1 April 2000, by section 60 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Form OMH 165 - Application for Prior Approval Review 14 NYCRR 551 ; Form 167 - Application for Prior Approval Review 14 NYCRR 551 Personalized Recovery Oriented Services (PROS) Program (Part 512) ; Prior Approval Review (PAR) Application Status Section 76(7)(b)(iv): amended, on 31 January 2018, by section 14 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 77(3)(d): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Section 11A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). %PDF-1.2 %���� Section 79(9): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Section 34(3): replaced, on 1 April 2000, by section 24 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). sections 13 to 15 and 17 to 27 apply, with any necessary modifications, to the re-assessment: when the direction is given under subsection (3)(a) or (b), the patient, or a person specified in section 10(4)(a)(ii) to (v), may apply to the court to have the patient’s condition reviewed under section 16. Section 46: amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39). The compulsory treatment order or other instrument of authority shall remain in force in the same manner as if the patient had been ordered to be received in the hospital or service to which the patient is so transferred. On any such visit, the district inspector or the official visitor may, if the Director so permits or requires, be accompanied by a health practitioner named by the Director. This subsection is subject to subsection (3). a copy of the order on which the patient was admitted: a copy of every medical certificate and other document that accompanied the order: a statement of both the mental condition and the physical condition of the patient at the time of the patient’s admission. MH12614 Form 2.1 - Cancellation of Admission Certificate or Renewal Certificate. publish a notice in the Gazette notifying each appointment and any area for which the appointee is responsible. Section 45(2): replaced, on 1 April 2000, by section 32(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 94(5): replaced, on 1 April 2000, by section 47 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Subject to subsection (3), in any case to which subsection (1) applies, the nurse may—, detain the person where he or she is until a medical practitioner has examined the patient; or. Schedule 1 clause 4(6): replaced, on 1 April 2000, by section 75(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). All visits made under the authority of this section may be made on such days and at such hours of the day or night, and for such length of time, as the district inspector or the official visitor thinks fit. No person shall be present during the hearing of any proceedings on an application for a compulsory treatment order except the following: parties to the proceedings and their barristers and solicitors, and any other person nominated by the patient: any other person to whom the certificate of final assessment was sent under section 14A: any other person whom the Judge permits to be present. In the heading to section 110B, “medical practitioner” is modified to “mental health practitioner”. stating the name of the person who is to conduct the assessment examination: ensuring that the purpose of the assessment examination and the requirements of the notice given under paragraph (c) are explained to the proposed patient in the presence of a member of the proposed patient’s family, or a caregiver in relation to the proposed patient or other person concerned with the welfare of the proposed patient: ensuring, where necessary, that appropriate arrangements are made to convey the proposed patient at the required time to the place where the assessment examination is to be conducted, and, where it is necessary or desirable that the proposed patient be accompanied on the journey, ensuring that an appropriate person is available to do so. The procedures prescribed by Parts 1 and 2 shall not be invoked in respect of any person by reason only of—, that person’s political, religious, or cultural beliefs; or, that person’s criminal or delinquent behaviour; or, Compare: Mental Health Act 1983 s 1(3) (UK). England. (The service means the service that the applicant for the order asks the court to specify in the order); and. The Director-General of Health or the Director may from time to time give notice to the Director of Area Mental Health Services or the responsible clinician dispensing with any specified provision of this Act that requires the person in charge of a hospital to send the Director-General of Health or the Director notices relating to the hospital or any specified class of patients in the hospital. site, Some amendments have not yet been incorporated, Meaning of mental health practitioner during COVID-19 response, Modification to section 2A during COVID-19 response, General rules relating to liability to assessment or treatment, Powers to be exercised with proper respect for cultural identity and personal beliefs, Use of audiovisual links permitted during COVID-19 response, Obligation to assign patient to responsible clinician, Modification to section 7A during COVID-19 response, Certificate to accompany application for assessment, Modification to section 8B during COVID-19 response, Assessment examination to be arranged and conducted, Modifications to section 9 during COVID-19 response, Modification to section 10 during COVID-19 response, Further assessment and treatment for 5 days, Modification to section 11 during COVID-19 response, Further assessment and treatment for 14 days, Documents relating to application for compulsory treatment order, Status of patient pending determination of application, Applications to be heard and determined wherever practicable by Family Court Judge, Judge to examine patient where compulsory treatment order sought, Right of patient and other persons to be heard and call evidence, Court may dispense with hearing in certain circumstances, Compulsory treatment order to expire after 6 months, Compulsory treatment order to cease to have effect in certain cases, Assistance when person may need assessment, Modifications to section 38 during COVID-19 response, Assistance in respect of outpatients and inpatients on leave, Assistance in taking or returning proposed patient or patient to place of assessment or treatment, Modification to section 41 during COVID-19 response, Notice of admission, discharge, and transfer of special patients and restricted patients, Modification to section 42 during COVID-19 response, Application for assessment may be made in respect of persons detained in, Modification to section 45 during COVID-19 response, Detained persons in need of care and treatment, Removal of certain intellectually disabled patients to facilities, Relationship between detention in hospital and sentence, Power to direct temporary return to hospital of special patients, Special patients not to leave hospital or depart from New Zealand without permission, Patients presenting special difficulties may be drawn to Director’s attention, Court may make order declaring patient to be restricted patient, Effect of application and order in respect of leave, No compulsory treatment except as provided in this Part or in section 110A, Treatment while subject to compulsory treatment order, Special provision relating to electro-convulsive treatment, Special provision relating to brain surgery, Further rights in case of visual or audio recording, Right to receive visitors and make telephone calls, Right to receive letters and postal articles, Right to send letters and postal articles, Clinical reviews of persons subject to compulsory treatment orders, Clinical reviews of certain special patients, Tribunal reviews of persons subject to compulsory treatment orders, Tribunal reviews of certain special patients, Appeal against Review Tribunal’s decision in certain cases, Special provisions relating to children and young persons, Review of patient about to attain age of 17 years, Director and Deputy Director of Mental Health, Delegation by Directors of Area Mental Health Services, Provisions applying to delegations under section 92A, District inspectors and official visitors, Powers of district inspectors and official visitors, Visitations by district inspectors and official visitors, Modification to section 96 during COVID-19 response, Visitations by remote technology permitted while epidemic notice in force for COVID-19, No proceedings against district inspectors or official visitors unless bad faith shown, Delegation by persons in charge of hospitals, Further provisions relating to Review Tribunals, No proceedings against members of Review Tribunals unless bad faith shown, Police powers in relation to person appearing to be mentally disordered in public place, Modification to section 109 during COVID-19 response, Powers of medical practitioner when urgent examination required, Modifications to section 110 during COVID-19 response, Power of medical practitioner who issues certificate to sedate when sedation urgently required, Powers of medical practitioner when urgent assessment required, Modifications to section 110B during COVID-19 response, Powers of Police when urgent assistance required, Modifications to section 110C during COVID-19 response, Powers of nurse where urgent assessment required, Modification to section 111 during COVID-19 response, Judge may authorise apprehension of patients and proposed patients, Authority of person in charge of hospital or service to admit and detain, Neglect or ill-treatment of proposed patients and patients, Assisting patient on community treatment order not to attend for treatment, Assisting patient on inpatient order to be absent without leave, Unlawful publication of reports of proceedings before Review Tribunal, Further offences involving false or misleading documents, etc, Certain sections of Crimes Act 1961 apply to powers to take and retake, Modification to section 127 during COVID-19 response, Director-General may promulgate standards, Modification to section 134 during COVID-19 response, Temporary COVID-19 response provisions repealed, Persons detained under section 19 of Mental Health Act 1969, Proceedings for reception order commenced but not completed, Persons detained as committed patients pursuant to Criminal Justice Act 1985, Procedural provisions relating to Review Tribunals, Amendments to Armed Forces Discipline Act 1971, section 41(3)(b), (4)(a), and (4)(b)(ii), Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, Epidemic Preparedness (COVID-19) Notice 2020, section 109(1)(b), (2), (3), (3A), and (4)(b), http://www.pco.parliament.govt.nz/editorial-conventions/. 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