Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Mental illness, defined
5. Objects of Act
6. Objectives of persons performing certain functions
PART 2 -- Administrative provisions
Division 1 -- The Minister
7. Functions
Division 2 -- The Chief Psychiatrist
8. Chief Psychiatrist, who is
9. Responsibilities as to patients
10. Other functions
11. Chief Psychiatrist is subject to CEO
12. Psychiatrists’ decisions as to involuntary patients, review of etc.
13. Relevant premises, powers to inspect etc.
14. Offences as to s. 13
15. Ordering that detained patient be allowed to be visited
16. Delegation by Chief Psychiatrist
Division 3 -- Psychiatrists and authorised practitioners
18. Authorised medical practitioners, designation of
19. Mental health practitioners, who are
20. Authorised mental health practitioners, designation of
Division 4 -- Authorised hospitals
21. Public hospitals, authorisation of
Division 5 -- The Registrar
22. Registrar and staff of Mental Health Review Board
23. President of Board may direct Registrar
24. Functions of Registrar
25. Board may delegate to Registrar
PART 3 -- Involuntary patients
Division 1 -- Becoming an involuntary patient
Subdivision 1 -- Criteria
26. Persons who should be involuntary patients
27. When mentally impaired accused may be made involuntary patients
Subdivision 2 -- Referral for examination
28. Term used: referrer
29. Referring potential involuntary patients for psychiatric examination
30. Certain voluntary patients, application of s. 29 to
31. No referral under s. 29 without personal examination
32. Time limit for referral under s. 29
33. Form of referral under s. 29
34. Transport orders authorising police assistance, making of
35. Transport orders, effect of
Subdivision 3 -- Examination in an authorised hospital
36. Detaining referred person in hospital
37. Psychiatrist’s options upon examining referred person
Subdivision 4 -- Examination otherwise than in an authorised hospital
38. Time limit for psychiatric examination after referral
39. Psychiatrist may order assessment in hospital
40. Detaining person needing assessment in hospital
41. Transport orders authorising police assistance, making of
42. Transport orders, effect of
Subdivision 5 -- Involuntary status
43. Orders that mean a person is an involuntary patient
44. Mentally Impaired Accused Review Board to be notified of s. 43 order in certain cases
Division 2 -- Detention in authorised hospital
Subdivision 1 -- Place of detention
45. Orders for admission etc. to hospital, effect of
46. Transfer to another hospital, orders for
47. Hospital may decline to accept patient
Subdivision 2 -- Period of detention
48. Order under s. 43(2)(a) or 70(1), period in and effect of
49. Examination of patient within s. 48’s detention period
50. Examinations within subsequent periods
51. Order under s. 49 or 50 continuing detention, effect of
52. Order for release may be made at any time
53. Saving
Subdivision 3 -- Release from detention
54. End of detention period, person to be informed and released
55. Release may be to other authorised custody
56. Prisoner in hospital about to be discharged, examination of
Subdivision 4 -- Absence without leave
57. Absence without leave, defined
58. Apprehending person absent without leave
Subdivision 5 -- Leave of absence
59. Granting leave
60. Cancelling leave
61. Status of patient on leave
62. Monitoring patient on leave for over 28 days
63. Release on advice of practitioner while patient on leave
64. Saving
Division 3 -- Treatment of involuntary patient in the community
Subdivision 1 -- Making community treatment order
65. No detention without consideration of community treatment
66. Community treatment order, when can be made
67. Community treatment order, general power to make
68. Community treatment order, terms of
69. Community treatment orders to be confirmed
70. Revoking community treatment orders
71. Transport orders authorising police assistance, making of
72. Transport orders, effect of
Subdivision 2 -- Operation of community treatment order
73. Duration of community treatment orders
74. Supervising psychiatrist, who is
75. Review by supervising psychiatrist
76. Extending community treatment order
77. Supervising psychiatrist may act on authorised medical practitioner’s report
78. Person may be discharged from involuntary status
79. Varying community treatment orders
Subdivision 3 -- Breach of community treatment order
80. Breach of community treatment order, defined
81. Person breaching order to be notified
82. Action if breach continues
83. Treatment may be given under s. 82 order without consent
84. Police assistance for s. 82 order
85. Power in s. 70 to revoke order not affected
PART 4 -- Interstate movements
86. Term used: agreement
87. Intergovernmental agreements, making
88. Best interests of person to be considered
89. Persons apprehended under s. 195, powers as to
90. Referring person released interstate for examination
91. Involuntary patients being dealt with interstate, powers as to
PART 5 -- Treatment of patients
Division 1 -- General
92. Terms used
93. Treatment of involuntary patients on remand or bail
94. Mentally Impaired Accused Review Board to be notified of treatment of mentally impaired accused
Division 2 -- Informed consent
95. Requirements for informed consent
96. Capacity to give informed consent
97. Patient to be explained treatment before consenting
98. Patient to be given time to consider
Division 3 -- Prohibited treatment
99. Certain treatment prohibited
Division 4 -- Psychosurgery
100. Term used: psychosurgery
101. Prerequisites to performing psychosurgery
102. Applications for approval to perform psychosurgery
103. Approving psychosurgery, criteria to be satisfied
Division 5 -- Electroconvulsive therapy
Subdivision 1 -- Involuntary patients and mentally impaired accused
104. Prerequisites to performing ECT on involuntary patients etc.
105. Approving ECT under s. 104, criteria to be satisfied etc.
106. Refusal to approve ECT to be referred to Board
Subdivision 2 -- Other patients
107. Informed consent required for ECT if patient not involuntary etc.
Division 6 -- Other treatment, involuntary patients and mentally impaired accused
108. Psychiatric treatment, defined
109. Consent not required for psychiatric treatment
110. Medical treatment for involuntary patient etc. to be approved by Chief Psychiatrist
111. Patient being treated under s. 109 may ask for second opinion
112. Patient dissatisfied after second opinion, action required for
Division 7 -- Emergency psychiatric treatment
113. Term used: emergency psychiatric treatment
114. Consent or approval not required
115. Person giving emergency psychiatric treatment, duties of
Division 8 -- Seclusion of patients
116. Term used: seclusion
117. Seclusion allowed only at authorised hospital
118. Seclusion must be authorised
119. Authorising seclusion
120. Psychiatrist’s duties where patient kept in seclusion
Division 9 -- Mechanical bodily restraint
121. Term used: mechanical bodily restraint
122. Mechanical bodily restraint must be authorised
123. Authorising restraint
124. Use of restraint to be reported to Board
PART 6 -- Mental Health Review Board
Division 1 -- Establishment and administration
Subdivision 1 -- Establishment
125. Board established
126. Members of Board
127. Panel for psychosurgery matters, appointment of
128. Provisions about members (Sch. 1)
Subdivision 2 -- How Board to be constituted
129. Constitution of Board generally
130. Constitution of Board for psychosurgical matters
131. Concurrent sittings permitted
Subdivision 3 -- Procedure
132. Meetings
133. Telephone and video meetings
134. Resolution may be passed without meeting
135. Proceedings before Board (Sch. 2)
136. Public access to Board’s records
Division 2 -- Reviews and enquiries
137. Matters to be considered upon review
138. Review to decide if order should continue in effect
139. Periodic reviews after review under s. 138
140. Determining if person has been continuously an involuntary patient
141. Time of review may be extended in certain cases
142. Applying for review by Board
143. Board may suspend order etc. pending review
144. Board may review case of involuntary patient at any time
145. Powers on carrying out review
146. Complaints to Board, Board to enquire into
147. Enquiries directed by Minister
148. Reports to Minister
Division 2A -- Applications to State Administrative Tribunal
148A. Applying for review by SAT
148B. Constitution of SAT generally
148C. Constitution of SAT for psychosurgical matters
148D. Proceeding on review under s. 148, provisions for (Sch. 2A)
148E. Board may apply to SAT for determination of question of law
Division 3 -- Appeal from State Administrative Tribunal
149. Appeals against SAT’s decisions
150. Grounds of appeal
151. Time for appeal
152. Some appellants to be legally represented
PART 7 -- Protection of patients’ rights
Division 1 -- Patients’ rights generally
156. Explanation of rights to be given in some cases
157. Copy of explanation to be given to another person
158. Who is responsible for complying with s. 156 and 157
159. Affected person to be given copy of order
160. Personal records, rights of access to
161. Exceptions to s. 160
162. Ill-treatment or wilful neglect of patient, offence
Division 2 -- Further rights of in-patients
163. Term used: patient
164. Patient’s right to interview with psychiatrist
165. Personal possessions of patients, access to etc.
166. Letters etc. by and to patients
167. Telephone calls, patients’ rights as to
168. Visitors, patients’ rights as to
169. Restricting or denying rights under s. 166, 167 and 168
170. Review of orders under s. 169
171. Restriction or denial of right to be reported to Board on review
PART 8 -- Community support services
172. Terms used
173. Power of CEO to allocate funds
174. Funding and services agreements, making and content of
PART 9 -- Council of Official Visitors
Division 1 -- Administrative and procedural provisions
175. Terms used
176. Council established
177. Members of Council, appointment of
178. People with disqualifying interests (Sch. 3), restrictions as to
179. Term of office
180. Remuneration and allowances
181. Meetings
182. Executive officer and other staff
183. Minutes to be kept
184. Public access to Council’s records
185. Delegation by Council
Division 2 -- Functions
186. Functions of Council
187. Panels for this Part’s purposes
188. Functions of an official visitor
189. Requesting visit by official visitor or panel
190. Powers of official visitors and panels
191. Offences
192. Reports by official visitors and panels
PART 10 -- Miscellaneous
Division 1 -- Restrictions on authority of practitioners
193. Terms used
194. When psychiatrist etc. not to act
Division 2 -- Police powers
195. Taking mentally ill person into protective custody
196. Police officer may have arrested person examined
197. Ancillary powers for police acting under s. 34, 71 or
198. What may be seized under s. 197
199. Disposal of things seized
200. Use of reasonable force
Division 3 -- Capacity to vote
201. Determination of capacity to vote
202. Chief Psychiatrist to report s. 201 determinations etc. to Electoral Commissioner
203. Review of s. 201 determinations
Division 4 -- Records and information
204. Records of patients etc. to be kept
205. Access to certain information about patient
206. Confidentiality
Division 5 -- Inquiries
207. Minister may appoint person to inquire
208. Powers of person conducting inquiry
209. How inquiry to be conducted
210. Offences in relation to inquiry
Division 6 -- General
211. Obstructing performance of official functions
212. Formal defects in referrals etc., rectifying
213. Protection from personal liability
214. Regulations
215. Review of Act
SCHEDULE 1 -- Provisions concerning members of Board
SCHEDULE 2 -- Provisions concerning proceedings before Board
SCHEDULE 2A -- Provisions concerning a proceeding before the State Administrative Tribunal
SCHEDULE 3 -- When an official visitor has a disqualifying interest
[Reprinted under the Reprints Act 1984 as at 1 July 2011]
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